Nebraska Illegal Weapons Possession Penalties (2026)

Unlawful possession of firearms or weapons charges in Nebraska: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing illegal weapons possession charges in Nebraska, consult a licensed Nebraska criminal defense attorney.

Nebraska Illegal Weapons Possession Penalties

OffensePenalty
First OffenseClass IIIA felony: up to 3 years (possession by prohibited person)
Second OffenseClass ID felony: 3–50 years mandatory (prior violent conviction)

Neb. Rev. Stat. §28-1206; possession by prohibited person varies by prior record

Illegal Weapons Possession Statute of Limitations in Nebraska

In Nebraska, the general statute of limitations for a felony is 3 years and for a misdemeanor is 18 months.

See all Nebraska statutes of limitations →

Defending Against Illegal Weapons Possession Charges in Nebraska

Common defenses in Nebraska illegal weapons possession cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a Nebraska criminal defense attorney for advice.

Related Nebraska Laws