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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 September 5, 2025
Why You Need a Personal Injury Lawyer
By Robert Stahle August 21, 2025
What to Do After a Drunk Driving Accident in Nebraska or Iowa Being hit by a drunk driver is traumatic, confusing, and often life-altering. In the aftermath, you may be overwhelmed by medical bills, vehicle damage, missed work, and pain that doesn’t go away. On top of all that, you’re probably wondering: What are my legal rights? At Fitch & Stahle Law Firm in South Sioux City, Nebraska , we help victims of drunk driving accidents across Nebraska and Iowa understand their rights, protect their claims, and pursue the compensation they deserve. This post explains what you’re entitled to after a DUI-related crash—and what steps you should take to protect yourself. Drunk Driving Victims Have the Right to Compensation If you were injured by someone driving under the influence of alcohol or drugs, you have the legal right to seek compensation through a personal injury claim . These claims are separate from any criminal charges the drunk driver may face. In a civil claim, the goal is not to punish the offender (that’s the court’s job)—it's to recover financial damages for the harm you’ve suffered , including: Emergency medical care Long-term treatment and rehabilitation Lost income and loss of earning potential Pain and suffering Mental and emotional distress Property damage Punitive damages (in extreme DUI cases) At Fitch & Stahle , our job is to make sure you get every dollar you’re entitled to—while the at-fault party is held accountable for their reckless actions. Nebraska and Iowa Laws That Protect Drunk Driving Victims Every state handles DUI-related personal injury claims differently. Because Fitch & Stahle Law Firm is licensed in both Nebraska and Iowa , we’re uniquely qualified to navigate the laws in both jurisdictions. Here are some key legal protections available in each state: Nebraska: Dram Shop Liability : If a bar, restaurant, or alcohol-serving establishment over-served the intoxicated driver, you may be able to sue that establishment under Nebraska’s dram shop law. Comparative Negligence Rule : Nebraska follows a modified comparative negligence rule. You can still recover damages if you were less than 50% at fault for the accident. Statute of Limitations : You generally have four years to file a personal injury claim in Nebraska, but acting sooner improves your chances. Iowa: Dram Shop Law : Iowa’s dram shop law also allows claims against alcohol vendors who sell to an intoxicated person that causes an accident. These claims have special notice requirements. Modified Comparative Fault : You can recover damages in Iowa as long as you are not more than 50% at fault. Statute of Limitations : In Iowa, you typically have two years from the date of injury to file a lawsuit. Understanding which laws apply—and how to use them to your advantage—requires a legal team with experience in both states. That’s why Fitch & Stahle Law Firm is the trusted choice in Siouxland . What to Do Immediately After a Drunk Driving Crash The steps you take right after a crash can make or break your case. Here's what you should do: ✅ Call 911 and get medical help Always prioritize safety. Even if you feel okay, some injuries (like brain trauma or internal bleeding) don’t show symptoms right away. ✅ Document everything Take photos of the crash scene, vehicle damage, your injuries, skid marks, and road signs. Get names and contact info of witnesses. ✅ Get the police report A police report stating the other driver was intoxicated is critical to your claim. Ask the responding officer for details about any breathalyzer or field sobriety tests. ✅ Avoid talking to insurance companies alone Insurance adjusters may seem friendly, but they are trained to protect the company—not you. Don’t give recorded statements or accept offers without legal guidance. ✅ Contact a personal injury lawyer The sooner you speak to a lawyer, the better. At Fitch & Stahle , we offer free consultations and handle every step of your claim—from gathering evidence to negotiating with insurers and going to court if needed. Common Injuries in Drunk Driving Crashes Drunk driving accidents often involve high speeds, poor judgment, and failure to brake—all of which increase the severity of injuries. We commonly represent clients suffering from: Traumatic brain injuries (TBI) Spinal cord injuries and paralysis Broken bones and fractures Internal bleeding and organ damage Facial disfigurement and scarring Emotional trauma and PTSD These aren’t just short-term problems. They can impact your career, relationships, and overall quality of life for years to come. That’s why it’s so important to have an attorney who fights for the long-term value of your claim —not just a quick settlement. Why Choose Fitch & Stahle Law Firm? Here’s what makes us different: ✅ We’re local —Based in South Sioux City and serving all of Siouxland ✅ We’re licensed in Nebraska and Iowa ✅ We’ve handled hundreds of personal injury claims ✅ You pay nothing unless we win ✅ We offer compassionate, one-on-one attention When you hire Fitch & Stahle , you're not just another case file—you’re a neighbor, and we take your recovery personally. Get the Legal Support You Deserve Today Drunk driving is a serious offense with serious consequences. If you or a loved one has been injured in a DUI crash in South Sioux City, Sioux City , or anywhere in the Tri-State area , don’t wait to assert your rights. 📍 Visit our office in South Sioux City, NE 📞 Call us at 402-494-3012 💻 Schedule your free consultation at fitch-stahlelaw.com Let us take the legal burden off your shoulders while you focus on healing. Fitch & Stahle Law Firm is here to fight for you.