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Gun Violence and Assault with a Deadly Weapon Charges

Robert Stahle • March 9, 2018
gun laws - gun violence - weapon charges - Fitch & Stahle Law Firm

Gun laws and gun violence is a hot topic in our nation right now. It seems like nearly every week there’s news of new public shooting where innocent victims have been injured or killed. The tension around this and our existing gun laws have left us divided. There’s strong opinions on both sides, and nobody is interested in backing down.

From a legal perspective, one of the most challenging aspects of gun control in America is that while there are federal regulations in place, gun control laws vary by state. This often causes confusion and misunderstandings about what is legal, and what is not. There’s also misconceptions about some of the more serious gun related offenses.

To help clear some of the confusion and answer questions, let’s talk about gun laws in the state of Nebraska, and when use of a gun can result in criminal felony charges.

Nebraska Gun Law

Nebraska is a region of the country that is known for its lenient gun laws. Nebraska does not require a license or permit to purchase or possess a firearm. The only permit required is for concealed carry.

Rather than requiring a permit to purchase a handgun, state law says that a person must first obtain a certificate which can be applied for in person at the Sheriff’s office, or by mail.

Common Weapons and Firearms Charges

Just because it’s easy to own and possess a gun in Nebraska doesn’t mean that laws and consequences involving gun crimes are any less. Illegally possessing or using a firearm is a serious offense and can lead to years of your life being spent behind bars. Here are few of the most common weapons charges involving guns.


  • Possessing unregistered, illegal or stolen guns
  • Possession of a firearm by a convicted felon
  • Carrying a concealed weapon without a permit
  • Illegally brandishing or discharging a weapon
  • Assault with a deadly weapon

Assault with a Deadly Weapon

By definition, assault with a deadly weapon is a physical attack on the body of another person with a weapon that is capable of inflicting serious bodily injury or death by virtue of its design or construction. The addition of a deadly weapon in an assault elevates the risk of serious or life-threatening consequences and thus is considered a felony.

While the term deadly weapon can refer to a wide range of objects, such as knives, or even a blunt object when used in a malicious manner, the most common instruments in these cases are guns.

Since assault with a deadly weapon is a felony charge, defendants face the possibility of a prison sentence. In addition to a prison sentence, a judge may decide to impose additional fines and consequences at their discretion. Sentencing in an assault with a deadly weapon case is often influenced by the severity, or potential severity, of the crime.

Additional factors like prior record of assault or other violent crimes may also be considered in sentencing.

If you have questions about gun laws, or are facing a criminal weapons charge, we’re here to help. We have the knowledge and expertise to help you through this situation. Contact Fitch & Stahle Law Firm today for a free consultation.

By Robert Stahle July 28, 2025
Including Dram Shop Liability
By Robert Stahle July 16, 2025
How a Sioux City Personal Injury Attorney Can Help You Seek Justice Each year, drunk driving crashes leave thousands injured or killed—causing devastating emotional, physical, and financial consequences. Despite strict DUI laws and public awareness campaigns, impaired drivers continue to pose a serious threat across Iowa, Nebraska, and the country. For victims, the aftermath of a drunk driving accident is more than just painful—it can be life-altering. At Fitch & Stahle Law Firm , we fight to hold negligent drivers (and sometimes even the businesses that served them) accountable under the law. If you’ve been hurt in a crash involving a drunk driver, we’ll explain your legal options, including how Nebraska’s Dram Shop law may play a role in your case. Why File a Drunk Driving Lawsuit? Driving under the influence of alcohol or drugs is not just illegal—it’s a reckless act that endangers everyone on the road. When a driver chooses to get behind the wheel impaired, they can (and should) be held civilly liable for the damage they cause. While a criminal DUI case focuses on punishing the offender, a civil personal injury lawsuit is about helping you rebuild. It allows you to pursue compensation for: Medical expenses (past and future) Lost wages and diminished earning capacity Pain and suffering Emotional trauma Property damage Rehabilitation costs Punitive damages (in cases of extreme recklessness) Nebraska’s Dram Shop Law: Holding Alcohol Providers Accountable Under Nebraska’s Dram Shop Law , victims of drunk driving accidents may also be able to file a lawsuit against the business or establishment that overserved the intoxicated driver. Here’s how it works: A licensed alcohol vendor (such as a bar, restaurant, or event venue) can be held liable if they served alcohol to a visibly intoxicated person or a minor , and that person later caused injury or death. Nebraska law limits these claims to commercial sellers of alcohol—not social hosts. A dram shop claim can help recover damages if the drunk driver lacks adequate insurance or personal assets. This area of law is complex, and not all attorneys are familiar with how to navigate the strict requirements and timelines involved in dram shop litigation. That’s why working with a firm like Fitch & Stahle , which handles cases in both Nebraska and Iowa , is crucial. What Needs to Be Proven in a Drunk Driving Case? To recover damages in a drunk driving lawsuit, your legal team must prove the following: Duty of care – The driver had a legal responsibility to drive safely. Breach of duty – That responsibility was violated by driving impaired. Causation – The impairment directly led to the accident and your injuries. Damages – You experienced real harm—such as medical costs, lost income, or emotional distress. In dram shop cases, your lawyer will also need to demonstrate that the bar or establishment served a visibly intoxicated individual who went on to cause the crash. Why You Need a DUI Injury Lawyer in Nebraska or Iowa Drunk driving cases are rarely straightforward—especially when multiple parties may share liability. Insurance companies will often try to minimize payouts, shift blame, or dispute your injuries altogether. At Fitch & Stahle Law Firm , we will: Preserve key evidence such as police reports, BAC results, surveillance video, and eyewitness accounts Analyze potential dram shop liability Work with medical and accident reconstruction experts to build your case Identify all available sources of compensation Aggressively negotiate with insurance companies—or take your case to trial if needed Our team has deep experience with Nebraska’s unique dram shop provisions and Iowa’s liability standards. We understand what it takes to hold all negligent parties accountable. What Damages Can You Recover? Depending on the specifics of your case, compensation may include: Economic damages : Medical bills, lost income, future treatment costs, property loss Non-economic damages : Pain, suffering, mental anguish, loss of companionship Punitive damages : Intended to punish especially reckless conduct—like drunk driving In cases where dram shop liability applies, these claims can be especially valuable when the at-fault driver is underinsured or has no assets. Time Is Critical – Act Now In Nebraska, the statute of limitations for personal injury and dram shop lawsuits is typically four years , but specific timelines may apply depending on the facts of your case. Evidence like surveillance footage and eyewitness memories can fade fast—so it’s essential to speak with an attorney right away. Get Help from a Sioux City Personal Injury Attorney Who Understands Nebraska Dram Shop Law If you or a loved one has been injured by a drunk driver—especially one who may have been overserved at a Nebraska bar or restaurant—you have the right to seek full and fair compensation. At Fitch & Stahle Law Firm , we’ve helped countless clients across Sioux City , Iowa , and Nebraska recover after devastating crashes. We’ll handle the legal details so you can focus on healing. Call us today for a free consultation — and let’s start fighting for the justice you deserve.