Gun rights in Nebraska after an arrest refers to the legal impact a criminal arrest or conviction can have on your ability to lawfully possess, purchase, or carry firearms under state and federal law. Understanding these consequences early can make a real difference in how you respond and what options remain open to you.
This guide focuses specifically on Nebraska residents who have been arrested or convicted and want to understand what firearm rights they may lose and whether restoration is possible.
An arrest alone does not strip you of your gun rights. But what happens next – charges, pleas, convictions – can. Nebraska law works alongside federal law here, and the two do not always point in the same direction. That gap is where things get complicated.
What Nebraska Law Says About Firearms and Criminal History
Nebraska follows both its own statutes and federal firearms prohibitions under 18 U.S.C. § 922(g), which bans firearm possession by anyone convicted of a crime punishable by imprisonment for more than one year. That covers most felonies. According to the Bureau of Alcohol, Tobacco, Firearms and Explosives, federal law also prohibits possession for anyone subject to a domestic violence restraining order or convicted of a qualifying domestic violence misdemeanor.
Under Nebraska Revised Statute 28-1206, it is a felony for a prohibited person to possess a firearm in Nebraska. The prohibited categories include:
- Felony convictions (any felony, not just violent ones)
- Domestic violence misdemeanor convictions
- Active protection orders related to domestic relations
- Persons adjudicated as mentally ill or committed involuntarily
- Fugitives from justice
- Unlawful drug users
Arrest without conviction: Being arrested does not make you a prohibited person. However, if you are released on bond with conditions – or if a protection order is in place – those conditions may restrict your access to firearms even before trial.
Gun Rights in Nebraska: Felony vs. Misdemeanor Convictions Compared
| Conviction Type | Nebraska Firearm Prohibition | Federal Prohibition | Restoration Possible? |
|---|---|---|---|
| Felony (any class) | Yes – lifetime ban | Yes – lifetime ban | Potentially, with set-aside |
| Domestic Violence Misdemeanor | Yes | Yes – federal ban applies | Limited options |
| Other Misdemeanor | Generally no | No (if under 1 year) | N/A – not prohibited |
| Arrest, no conviction | No | No | N/A |
| Deferred judgment (dismissed) | Depends on terms | Depends on federal definition | Consult an attorney |
The verdict: Felony convictions create the most severe and lasting firearm restrictions. Misdemeanor domestic violence convictions carry a federal prohibition that many people do not anticipate. A dismissed charge generally does not create a prohibition, but deferred judgments require careful analysis.
Thinking about this for your situation? Let’s talk. Contact us and we will walk you through your options – no pressure.
How Nebraska Compares to Neighboring States
| State | Felony Firearm Ban | Restoration Mechanism | Expungement Available? |
|---|---|---|---|
| Nebraska | Lifetime (state + federal) | Set-aside, pardon | Limited |
| Iowa | Lifetime | Restoration mechanisms may apply | Limited options available |
| Kansas | Lifetime | Restoration mechanisms may apply | Options vary by offense |
| Colorado | Lifetime | Pardon or sealing | Yes, for some offenses |
| South Dakota | Lifetime | Pardon required | No general expungement |
| Wyoming | Lifetime | Pardon required | No general expungement |
Nebraska sits in the middle of the pack. Neighboring states vary in the expungement and restoration options available for certain offenses. Nebraska relies more heavily on the set-aside process and pardons, which take longer and are less predictable.
Can You Get Your Gun Rights Back in Nebraska?
Yes – in some cases. But the path is narrow, and federal law creates an additional layer that Nebraska alone cannot remove.
Set-aside under Nebraska law: Set-aside under Neb. Rev. Stat. § 29-2264 restores some civil rights but does not restore firearm rights; only a pardon does. Whether it removes the federal prohibition is a separate question that depends on how federal courts interpret the set-aside in your specific case.
Nebraska Board of Pardons: A full pardon from the Nebraska Board of Pardons – which consists of the Governor, Attorney General, and Secretary of State – can restore firearm rights. This process is competitive, takes time, and requires a strong showing of rehabilitation. As of 2025, the Board meets several times per year and considers each application individually.
Federal relief: Federal law once allowed the ATF to restore firearm privileges, but Congress has defunded that program for decades. Federal courts have generally held that state-level relief must explicitly restore firearm rights to remove the federal prohibition. A set-aside that is silent on firearms may not be enough.
The most common mistake people make is assuming that because Nebraska restored their rights, they are clear under federal law too. That assumption has landed people in federal prison.
Your Gun Rights Action Plan After a Nebraska Arrest
- Step 1 – Understand your current status: Determine whether you have been convicted or whether charges are still pending. An arrest alone does not create a prohibition, but conditions of release might restrict access temporarily.
- Step 2 – Identify the charge level: Felony charges carry the highest risk to your firearm rights. Domestic violence charges – even misdemeanors – trigger federal prohibitions. Know what you are facing before making any decisions.
- Step 3 – Secure legal representation before entering any plea: Plea agreements can have permanent firearms consequences. Negotiate with full awareness of those consequences before signing anything.
- Step 4 – Explore set-aside eligibility: If you have already been convicted, speak with an attorney about whether your offense qualifies for a set-aside under Nebraska law and what effect that may have on both state and federal firearm rights.
- Step 5 – Consider a pardon application: For older convictions where rehabilitation is clear, a pardon application to the Nebraska Board of Pardons may be the most direct path to full restoration.
- Step 6 – Do not possess firearms during this process: Possessing a firearm while your status is unclear creates additional criminal exposure. Wait until restoration is confirmed in writing.
What to Gather Before Consulting an Attorney
- ☐ Copy of the charging documents or complaint
- ☐ Sentencing order or journal entry if already convicted
- ☐ Any court-ordered conditions of release or probation
- ☐ Documentation of completed sentence, probation, or parole
- ☐ Any prior criminal history records
- ☐ Records of rehabilitation, employment, or community involvement (for pardon purposes)
According to the ATF’s federal firearms guidelines, prohibited persons who knowingly possess a firearm face up to 10 years in federal prison. That risk makes legal clarity worth every effort.
Ready to take the next step? Contact us today for straight answers about your situation. The team at Sipple Law in Omaha, Nebraska serves clients throughout the greater Omaha area, including Douglas County, Sarpy County, Washington County, and surrounding communities.
Key Takeaways for Nebraska Residents in 2025
- Arrest alone does not create a firearm prohibition – conviction does, and the type of conviction matters enormously.
- Federal law applies regardless of what Nebraska does – restoration under state law does not automatically remove federal restrictions.
- Domestic violence misdemeanors carry federal firearm bans – a reality many people do not realize until it is too late.
- Set-asides and pardons are the main restoration tools in Nebraska – but both require time, preparation, and realistic expectations.
- Getting legal guidance before entering a plea is critical – the firearms consequences of a guilty plea can last a lifetime.
Frequently Asked Questions
Does an arrest in Nebraska automatically affect my gun rights?
No, an arrest alone does not prohibit you from owning or possessing firearms in Nebraska. Only a conviction – or certain court orders like protective orders – creates a legal firearm prohibition. However, bond conditions after an arrest may temporarily restrict access to weapons during the pending case.
Can a felony conviction in Nebraska ever be expunged to restore gun rights?
Nebraska does not have broad expungement laws for felony convictions, making full record erasure rare. The set-aside process and pardons from the Nebraska Board of Pardons are the primary mechanisms that may restore firearm rights, though neither guarantees removal of the federal prohibition.
Does a domestic violence misdemeanor affect gun rights in Nebraska?
Yes – a qualifying domestic violence misdemeanor conviction triggers a permanent federal firearm ban under 18 U.S.C. § 922(g)(9). This applies even though it is a misdemeanor. Many people are unaware of this consequence until after they have already entered a plea.
How long does it take to restore gun rights in Nebraska through a pardon?
The Nebraska Board of Pardons process typically takes one to several years from application to decision. The Board meets multiple times per year in 2025, but the timeline depends on application volume, the nature of the offense, and the strength of the rehabilitation showing.
Can I own a gun in Nebraska while my criminal case is still pending?
Possibly, but it depends on the conditions of your release. Judges often impose conditions prohibiting firearm possession during a pending felony or domestic violence case. Violating those conditions creates additional criminal exposure. Always verify your release conditions with your attorney.
Does a deferred judgment in Nebraska affect gun rights?
It depends on the terms of the deferred judgment and how federal law classifies it. Some deferred judgments, if ultimately dismissed, do not create a prohibition. Others may. This is one of the most nuanced areas, and the analysis requires a close look at the specific court order and federal definitions.
This content is for informational purposes only and does not constitute legal advice. Laws change, and individual circumstances vary. Consult a licensed Nebraska attorney for guidance specific to your situation.