Felony for fake gun crimes proposed

Using a fake firearm to commit a crime would be a felony in Nebraska under a bill heard by the Judiciary Committee March 19.

LB14, introduced by Omaha Sen. Bob Krist, would classify as a Class III felony the use of a facsimile or nonfunctioning firearm to commit a felony, punishable by up to 20 years’ imprisonment and a $25,000 fine, or both.

The bill defines a facsimile firearm as any replica, toy, starter pistol or other object that reasonably resembles an actual firearm. Use of the facsimile or nonfunctioning firearm would be treated as a separate offense from the felony being committed.

Krist said he introduced the bill because Nebraska does not have a law specifically prohibiting the use of a facsimile firearm to commit a crime. He said recent crimes in the state have proven that when criminals use fake guns, “the results are dangerous, and in certain cases, deadly.”

Anthony Conner, vice president of the Omaha Police Officers Association, testified in support of the bill. He said there is no difference in the emotional trauma caused to victims by crimes committed with real or fake guns.

“Even though the gun is fake, the fear it causes the victim is 100 percent real,” Conner said.

Don Kleine, representing the Nebraska County Attorneys Association, also spoke in favor of the bill. He said the punishment proposed by the bill for criminals who use facsimile firearms is appropriate because victims do not perceive the threat differently than when a real weapon is used.

“The intent of the individual is the same as if he had a real gun,” Kleine said.

No one spoke in opposition to the bill and the committee took no immediate action on it.