reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1013 - Sections; exemptions.

28-1013.
Sections; exemptions.
Sections 28-1008 to 28-1017 and 28-1019 shall not apply to:
(1) Care or treatment of an animal or other conduct by a veterinarian or veterinary technician licensed under the Veterinary Medicine and Surgery Practice Act that occurs within the scope of his or her employment, that occurs while acting in his or her professional capacity, or that conforms to commonly accepted veterinary practices;
(2) Commonly accepted care or treatment of a police animal by a law enforcement officer in the normal course of his or her duties;
(3) Research activity carried on by any research facility currently meeting the standards of the federal Animal Welfare Act, 7 U.S.C. 2131 et seq., as such act existed on January 1, 2010;
(4) Commonly accepted practices of hunting, fishing, or trapping;
(5) Humane killing of an animal by the owner or by his or her agent or a veterinarian upon the owner's request;
(6) Use of reasonable force against an animal, other than a police animal, which is working, including killing, capture, or restraint, if the animal is outside the owned or rented property of its owner or custodian and is injuring or posing an immediate threat to any person or other animal;
(7) Killing of house or garden pests; and
(8) Commonly accepted animal training practices.
Source
Laws 1990, LB 50, § 6;
Laws 1995, LB 283, § 4;
Laws 2003, LB 273, § 6;
Laws 2007, LB463, § 1127;
Laws 2008, LB764, § 5;
Laws 2008, LB1055, § 4;
Laws 2009, LB494, § 2;
Laws 2010, LB865, § 14;
Laws 2015, LB360, § 6.
Cross References
Veterinary Medicine and Surgery Practice Act, see section 38-3301.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1014 - Local regulation; authorized.

28-1014.
Local regulation; authorized.
Any city, village, or county may adopt and promulgate rules, regulations, and ordinances which are not inconsistent with the provisions of sections 28-1008 to 28-1017, 28-1019, and 28-1020 for the protection of the public, public health, and animals within its jurisdiction.
Source
Laws 1990, LB 50, § 7;
Laws 2003, LB 273, § 7;
Laws 2008, LB764, § 8;
Laws 2008, LB1055, § 5;
Laws 2009, LB494, § 3;
Laws 2015, LB360, § 7.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1015 - Ownership by child; applicability of penalties.

28-1015.
Ownership by child; applicability of penalties.
When an animal is owned by a minor child, the parent of such minor child with whom the child resides or legal guardian with whom the child resides shall be subject to the penalties provided under sections 28-1008 to 28-1017, 28-1019, and 28-1020 if the animal is abandoned or cruelly neglected.
Source
Laws 1990, LB 50, § 8;
Laws 2003, LB 273, § 8;
Laws 2008, LB764, § 9;
Laws 2008, LB1055, § 6;
Laws 2009, LB494, § 4;
Laws 2015, LB360, § 8.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1016 - Game and Parks Commission; Game Law; sections, how construed.

28-1016.
Game and Parks Commission; Game Law; sections, how construed.
Nothing in sections 28-1008 to 28-1017, 28-1019, and 28-1020 shall be construed as amending or changing the authority of the Game and Parks Commission as established in the Game Law or to prohibit any conduct authorized or permitted by such law.
Source
Laws 1990, LB 50, § 9;
Laws 2003, LB 273, § 9;
Laws 2008, LB764, § 10;
Laws 2008, LB1055, § 7;
Laws 2009, LB494, § 5;
Laws 2015, LB360, § 9.
Cross References
Game Law, see section 37-201.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1018 - Sale of puppy or kitten; prohibited acts; penalty.

28-1018.
Sale of puppy or kitten; prohibited acts; penalty.
(1) A person, other than an animal control facility, animal rescue, or animal shelter, who sells a puppy or kitten under eight weeks of age without its mother is guilty of a Class V misdemeanor.
(2) For purposes of this section:
(a) Animal control facility means a facility operated by the state or any political subdivision of the state for the purpose of impounding or harboring seized, stray, homeless, abandoned, or unwanted animals;
(b) Animal rescue means a person or group of persons who hold themselves out as an animal rescue, accept or solicit for dogs or cats with the intention of finding permanent adoptive homes or providing lifelong care for such dogs or cats, or who use foster homes as defined in section 54-626 as the primary means of housing dogs or cats; and
(c) Animal shelter means a facility used to house or contain dogs or cats and owned, operated, or maintained by an incorporated humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of such animals.
Source
Laws 2003, LB 17, § 5;
Laws 2006, LB 856, § 12;
Laws 2010, LB910, § 1.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1019 - Conviction; order prohibiting ownership, possession, or residing with animal; duration; violation; penalty; seizure of animal.

28-1019.
Conviction; order prohibiting ownership, possession, or residing with animal; duration; violation; penalty; seizure of animal.
(1)(a) If a person is convicted of a felony under section 28-1005 or 28-1009, the sentencing court shall order such person not to own, possess, or reside with any animal for at least five years after the date of conviction, but such time restriction shall not exceed fifteen years. Any person violating such court order shall be guilty of a Class I misdemeanor.
(b) If a person is convicted of a Class I misdemeanor under section 28-1005.01 or 28-1009 or a Class III misdemeanor under section 28-1010, the sentencing court may order such person not to own, possess, or reside with any animal after the date of conviction, but such time restriction, if any, shall not exceed five years. Any person violating such court order shall be guilty of a Class IV misdemeanor.
(c) Any animal involved in a violation of a court order under subdivision (a) or (b) of this subsection shall be subject to seizure by law enforcement. Distribution or disposition shall be made under section 28-1012.01.
(2) This section shall not apply to any person convicted under section 28-1005, 28-1005.01, or 28-1009 if a licensed physician confirms in writing that ownership or possession of or residence with an animal is essential to the health of such person.
Source
Laws 2008, LB1055, § 3;
Laws 2010, LB252, § 5;
Laws 2010, LB712, § 13;
Laws 2014, LB674, § 2;
Laws 2015, LB360, § 10;
Laws 2022, LB829, § 3.
Annotations
If a person is convicted of a Class IV felony under section 28-1009, the sentencing court shall order such person not to own, possess, or reside with any animal for at least 5 years and no more than 15 years after the date of conviction. State v. Meduna, 18 Neb. App. 818, 794 N.W.2d 160 (2011).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1020 - Animal abandonment, cruel neglect, or cruel mistreatment; report required by animal health care professional; immunity from liability.

28-1020.
Animal abandonment, cruel neglect, or cruel mistreatment; report required by animal health care professional; immunity from liability.
(1) Any animal health care professional, while acting in his or her professional capacity or within the scope of his or her employment, who observes or is involved in an incident which leads the animal health care professional to reasonably suspect that an animal has been abandoned, cruelly neglected, or cruelly mistreated, shall report such treatment to an entity that investigates such reports in the appropriate jurisdiction.
(2) Nothing in this section shall be construed to impose a duty to investigate observed or reasonably suspected abandonment, cruel neglect, or cruel mistreatment of an animal. Any person making a report under this section is immune from liability except for false statements of fact made with malicious intent.
(3) For purposes of this section, an animal health care professional means a licensed veterinarian as defined in section 38-3310 or a licensed veterinary technician as defined in section 38-3311.
Source
Laws 2009, LB494, § 7.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1102 - Promoting gambling, first degree; penalty.

28-1102.
Promoting gambling, first degree; penalty.
(1) A person commits the offense of promoting gambling in the first degree if he or she knowingly advances or profits from unlawful gambling activity by:
(a) Engaging in bookmaking to the extent that he or she receives or accepts in any one day one or more bets totaling one thousand five hundred dollars or more; or
(b) Receiving, in connection with any unlawful gambling scheme or enterprise, one thousand five hundred dollars or more of money played in the scheme or enterprise in any one day.
(2) Promoting gambling in the first degree is, for the first offense, a Class I misdemeanor, for the second offense, a Class IV felony, and for the third and all subsequent offenses, a Class III felony. No person shall be charged with a second or subsequent offense under this section unless the prior offense or offenses occurred after August 24, 1979.
Source
Laws 1977, LB 38, § 218;
Laws 1979, LB 152, § 2;
Laws 2015, LB605, § 50.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1103 - Promoting gambling, second degree; penalty.

28-1103.
Promoting gambling, second degree; penalty.
(1) A person commits the offense of promoting gambling in the second degree if he or she knowingly advances or profits from any unlawful gambling activity by:
(a) Engaging in bookmaking to the extent that he or she receives or accepts in any one day one or more bets totaling less than one thousand five hundred dollars;
(b) Receiving, in connection with any unlawful gambling scheme or enterprise, less than one thousand five hundred dollars of money played in the scheme or enterprise in any one day; or
(c) Betting something of value in an amount of five hundred dollars or more with one or more persons in one day.
(2) Promoting gambling in the second degree is a Class II misdemeanor.
Source
Laws 1977, LB 38, § 219;
Laws 1979, LB 152, § 3;
Laws 2015, LB605, § 51.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1104 - Promoting gambling, third degree; penalty.

28-1104.
Promoting gambling, third degree; penalty.
(1) A person commits the offense of promoting gambling in the third degree if he or she knowingly participates in unlawful gambling as a player by betting less than five hundred dollars in any one day.
(2) Promoting gambling in the third degree is a Class IV misdemeanor.
Source
Laws 1977, LB 38, § 220;
Laws 1979, LB 152, § 4;
Laws 2015, LB605, § 52.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1105 - Possession of gambling records; penalty.

28-1105.
Possession of gambling records; penalty.
(1) A person commits the offense of possession of gambling records if, other than as a player, he or she knowingly possesses any writing, paper, instrument, or article which is:
(a) Of a kind commonly used in the operation or promotion of a bookmaking scheme or enterprise and such writing, paper, instrument, or article has been used for the purpose of recording, memorializing, or registering any bet, wager, or other gambling information; or
(b) Of a kind commonly used in the operation, promotion, or playing of a lottery or mutuel scheme or enterprise or other scheme not conducted pursuant to the Nebraska Bingo Act, the Nebraska County and City Lottery Act, the Nebraska Lottery and Raffle Act, the Nebraska Pickle Card Lottery Act, the Nebraska Small Lottery and Raffle Act, the State Lottery Act, the Nebraska Racetrack Gaming Act, or section 9-701 and such writing, paper, instrument, or article has been used for the purpose of recording, memorializing, or registering any bet, wager, or other gambling information not permitted by such acts or section.
(2) Possession of gambling records in the first degree is a Class II misdemeanor.
Source
Laws 1977, LB 38, § 221;
Laws 1979, LB 152, § 5;
Laws 1983, LB 259, § 37;
Laws 1985, LB 408, § 39;
Laws 1986, LB 1027, § 193;
Laws 1991, LB 849, § 65;
Laws 1993, LB 138, § 67;
Initiative Law 2020, No. 430, § 9.
Cross References
Nebraska Bingo Act, see section 9-201.
Nebraska County and City Lottery Act, see section 9-601.
Nebraska Lottery and Raffle Act, see section 9-401.
Nebraska Pickle Card Lottery Act, see section 9-301.
Nebraska Racetrack Gaming Act, see section 9-1101.
Nebraska Small Lottery and Raffle Act, see section 9-501.
State Lottery Act, see section 9-801.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1105.01 - Gambling debt collection; penalty.

28-1105.01.
Gambling debt collection; penalty.
(1) A person commits the offense of gambling debt collection if he or she employs any force or intimidation or threatens force or intimidation in order to collect any debt which results from gambling as defined by sections 9-510, 28-1101 to 28-1109, and 28-1117.
(2) Gambling debt collection is a Class III felony.
Source
Laws 1979, LB 152, § 6.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1108 - Prosecution; affirmative defense.

28-1108.
Prosecution; affirmative defense.
In any prosecution under this article, it shall be an affirmative defense that the writing, paper, instrument, or article possessed by the defendant was neither used nor intended to be used in the advancement of an unlawful gambling activity.
Source
Laws 1977, LB 38, § 224;
Laws 1979, LB 152, § 8.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1109 - Proof of possession of gambling device; prima facie evidence.

28-1109.
Proof of possession of gambling device; prima facie evidence.
Proof of possession of any gambling device shall be prima facie evidence of possession thereof with knowledge of its contents and character.
Source
Laws 1977, LB 38, § 225;
Laws 1979, LB 152, § 9.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1110 - Gambling; prosecution; not in violation of jurisdiction where conducted; no defense.

28-1110.
Gambling; prosecution; not in violation of jurisdiction where conducted; no defense.
It shall be no defense to a prosecution under any provision of this article relating to gambling that the gambling is conducted outside this state and is not in violation of the laws of the jurisdiction in which it is conducted.
Source
Laws 1977, LB 38, § 226;
Laws 1986, LB 1027, § 194.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1111 - Gambling device or record; money used as a bet or stake; other property; forfeited to state; hearing.

28-1111.
Gambling device or record; money used as a bet or stake; other property; forfeited to state; hearing.
In addition to any penalty provided in section 28-1102, 28-1103, 28-1104, 28-1105, 28-1105.01, or 28-1107, a sentencing court may order that any money, securities, negotiable instruments, firearms, conveyances, or electronic communication devices as defined in section 28-833 or any equipment, components, peripherals, software, hardware, or accessories related to electronic communication devices, or any gambling devices be forfeited as a part of the sentence imposed if it finds by clear and convincing evidence adduced at a separate hearing in the same prosecution, conducted pursuant to section 28-1601, that any or all such property was derived from, used, or intended to be used to facilitate a violation of section 28-1102, 28-1103, 28-1104, 28-1105, 28-1105.01, or 28-1107.
Source
Laws 1977, LB 38, § 227;
Laws 2016, LB1106, § 8.
Annotations
Statutes prohibiting possession or use of gambling devices and providing their forfeiture are a valid exercise of the State's power. State v. Two IGT Video Poker Games, 237 Neb. 145, 465 N.W.2d 453 (1991).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1112 - Defendant, status as a player; affirmative defense, when.

28-1112.
Defendant, status as a player; affirmative defense, when.
In any prosecution for an offense defined in this article, when the defendant's status as a player constitutes an excusing condition, the fact that the defendant was a player shall constitute an affirmative defense.
Source
Laws 1977, LB 38, § 228.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1113 - Article, how construed.

28-1113.
Article, how construed.
Nothing in this article shall be construed to:
(1) Apply to or prohibit wagering on the results of horseraces by the parimutuel or certificate method when conducted by licensees within the racetrack enclosure at licensed horserace meetings;
(2) Prohibit or punish the conducting or participating in any bingo, lottery by the sale of pickle cards, lottery, raffle, or gift enterprise when conducted in accordance with the Nebraska Bingo Act, the Nebraska County and City Lottery Act, the Nebraska Lottery and Raffle Act, the Nebraska Pickle Card Lottery Act, the Nebraska Small Lottery and Raffle Act, the State Lottery Act, or section 9-701; or
(3) Apply to or prohibit the operation of games of chance, whether using a gambling device or otherwise, by authorized gaming operators within licensed racetrack enclosures or the participation or playing of such games of chance, whether participated in or played using a gambling device or otherwise, by individuals twenty-one years of age or older within licensed racetrack enclosures as provided in the Nebraska Racetrack Gaming Act.
Source
Laws 1977, LB 38, § 229;
Laws 1979, LB 164, § 19;
Laws 1983, LB 259, § 38;
Laws 1984, LB 949, § 73;
Laws 1986, LB 1027, § 195;
Laws 1991, LB 849, § 66;
Laws 1993, LB 138, § 68;
Initiative Law 2020, No. 430, § 10.
Cross References
Nebraska Bingo Act, see section 9-201.
Nebraska County and City Lottery Act, see section 9-601.
Nebraska Lottery and Raffle Act, see section 9-401.
Nebraska Pickle Card Lottery Act, see section 9-301.
Nebraska Racetrack Gaming Act, see section 9-1101.
Nebraska Small Lottery and Raffle Act, see section 9-501.
State Lottery Act, see section 9-801.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1117 - Proof of occurrence of sporting event; prima facie evidence.

28-1117.
Proof of occurrence of sporting event; prima facie evidence.
In any prosecution under this article in which it is necessary to prove the occurrence of a sporting event, a published report of its occurrence in any daily newspaper, magazine, or other periodically printed publication of general circulation shall be admissible in evidence and shall constitute prima facie evidence of the occurrence of the event.
Source
Laws 1979, LB 152, § 11.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1202.02 - Carrying concealed handgun; consumption of alcohol or controlled substance; effect; applicability; violation; penalty.

28-1202.02.
Carrying concealed handgun; consumption of alcohol or controlled substance; effect; applicability; violation; penalty.
(1) Except as provided in subsections (2), (3), and (4) of this section, a person not otherwise prohibited by state law from possessing or carrying a concealed handgun shall not carry a concealed handgun while such person:
(a) Is consuming alcohol; or
(b) Has remaining in such person's blood, urine, or breath any previously consumed alcohol or any controlled substance as defined in section 28-401.
(2) A person does not violate this section if the controlled substance in such person's blood, urine, or breath was lawfully obtained and was taken in therapeutically prescribed amounts.
(3) A person does not violate this section if:
(a) Such person is storing or transporting a handgun in a motor vehicle for any lawful purpose or transporting a handgun directly to or from a motor vehicle to or from any place where such handgun may be lawfully possessed or carried by such person; and
(b) Such handgun is unloaded, kept separate from ammunition, and enclosed in a case.
(4) This section does not apply to a qualified law enforcement officer or qualified retired law enforcement officer carrying a concealed handgun pursuant to 18 U.S.C. 926B or 926C, respectively, as such sections existed on January 1, 2023.
(5) A violation of this section is a Class III misdemeanor for a first offense and a Class I misdemeanor for any second or subsequent offense.
Source
Laws 2023, LB77, § 10.
Effective Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1202.03 - Carrying concealed handgun; identification document, required; applicability; violation; penalty.

28-1202.03.
Carrying concealed handgun; identification document, required; applicability; violation; penalty.
(1)(a) This section applies to a person who is not otherwise prohibited by state law from possessing or carrying a concealed handgun.
(b) This section does not apply to a qualified law enforcement officer or qualified retired law enforcement officer carrying a concealed handgun pursuant to 18 U.S.C. 926B or 926C, respectively, as such sections existed on January 1, 2023.
(2) Except as provided in subsection (3) of this section, any time a person is carrying a concealed handgun, such person shall also carry such person's identification document. The person shall display the identification document when asked to do so by a peace officer or by emergency services personnel.
(3) A person is not required to comply with this section if:
(a) Such person is storing or transporting a handgun in a motor vehicle for any lawful purpose or transporting a handgun directly to or from a motor vehicle to or from any place where such handgun may be lawfully possessed or carried by such person; and
(b) Such handgun is unloaded, kept separate from ammunition, and enclosed in a case.
(4) For purposes of this section:
(a) Emergency services personnel means a volunteer or paid firefighter or rescue squad member or a person licensed to provide emergency medical services pursuant to the Emergency Medical Services Practice Act or authorized to provide emergency medical services pursuant to the EMS Personnel Licensure Interstate Compact; and
(b) Identification document means a valid:
(i) Driver's or operator's license;
(ii) State identification card;
(iii) Military identification card;
(iv) Alien registration card; or
(v) Passport.
(5) A violation of this section is a Class III misdemeanor for a first offense and a Class I misdemeanor for any second or subsequent offense.
Source
Laws 2023, LB77, § 11.
Effective Date: September 2, 2023
Cross References
Emergency Medical Services Practice Act, see section 38-1201.
EMS Personnel Licensure Interstate Compact, see section 38-3801.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1203 - Transportation or possession of machine guns, short rifles, or short shotguns; penalty; exception.

28-1203.
Transportation or possession of machine guns, short rifles, or short shotguns; penalty; exception.
(1) Any person or persons who shall transport or possess any machine gun, short rifle, or short shotgun commits a Class IV felony.
(2) The provisions of this section shall not be held to prohibit any act by peace officers, members of the United States armed services, or members of the National Guard of this state, in the lawful discharge of their duties, or persons qualified under the provisions of federal law relating to the short rifle, short shotgun, or machine gun.
Source
Laws 1977, LB 38, § 235;
Laws 1978, LB 748, § 17.
Annotations
Under subsection (1) of this section, the possessory standard for controlled substances (i.e., a defendant possesses a controlled substance when the defendant knows of the nature or character of the substance and its presence and has dominion or control over the substance) is equally applicable to possession of a firearm. State v. Jasper, 237 Neb. 754, 467 N.W.2d 855 (1991).
Subsection (1) of this section is not vitiated by the "Right to Bear Arms" amendment of 1988, is a valid exercise of the State's police power in reasonable regulation of certain firearms, and does not contravene Neb. Const. art. I, sec. 1. State v. LaChapelle, 234 Neb. 458, 451 N.W.2d 689 (1990).
The requirement of "possession" for purposes of subsection (1) of this section may be satisfied by actual or constructive possession of any of the items named in subsection (1). State v. Frieze, 3 Neb. App. 263, 525 N.W.2d 646 (1994).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1204 - Unlawful possession of a handgun; exceptions; penalty.

28-1204.
Unlawful possession of a handgun; exceptions; penalty.
(1) Any person under the age of eighteen years who possesses a handgun commits the offense of unlawful possession of a handgun.
(2) This section does not apply to the issuance of handguns to members of the armed forces of the United States, active or reserve, National Guard of this state, or Reserve Officers Training Corps, when on duty or training, or to the temporary loan of handguns for instruction under the immediate supervision of a parent or guardian or adult instructor.
(3) Unlawful possession of a handgun is a Class I misdemeanor.
Source
Laws 1977, LB 38, § 236;
Laws 1978, LB 748, § 18;
Laws 2009, LB63, § 11.
Annotations
When a person is charged with violation of this section, the State need not prove that a revolver or gun is operable in order to establish that it is a "firearm". The test is whether evidence of possession of a revolver or gun of prohibited description, which is in apparently good condition and has the characteristics and appearance commonly understood to be those of the firearm it purports to be, is prima facie evidence sufficient to go to the trier of fact in a prosecution for being a person under the age of 18 in possession of a pistol, revolver, or any other form of short-barreled hand firearm. In re Interest of Cory P., 7 Neb. App. 397, 584 N.W.2d 820 (1998).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1204.01 - Unlawful transfer of a firearm to a juvenile; exceptions; penalty; county attorney; duty.

28-1204.01.
Unlawful transfer of a firearm to a juvenile; exceptions; penalty; county attorney; duty.
(1) Any person who knowingly and intentionally does or attempts to sell, provide, loan, deliver, or in any other way transfer the possession of a firearm to a juvenile commits the offense of unlawful transfer of a firearm to a juvenile. The county attorney shall have a copy of the petition served upon the owner of the firearm, if known, in person or by registered or certified mail at his or her last-known address.
(2) This section does not apply to the transfer of a firearm, other than a handgun, to a juvenile:
(a) From a person related to such juvenile within the second degree of consanguinity or affinity if the transfer of physical possession of such firearm does not occur until such time as express permission has been obtained from the juvenile's parent or guardian;
(b) For a legitimate and lawful sporting purpose; or
(c) Who is under direct adult supervision in an appropriate educational program.
(3) This section applies to the transfer of a handgun except as specifically provided in subsection (2) of section 28-1204.
(4) Unlawful transfer of a firearm to a juvenile is a Class III felony.
Source
Laws 1994, LB 988, § 4;
Laws 2009, LB63, § 12.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1204.02 - Confiscation of firearm; disposition.

28-1204.02.
Confiscation of firearm; disposition.
Any firearm in the possession of a person in violation of section 28-1204 or 28-1204.01 shall be confiscated by a peace officer or other authorized law enforcement officer. Such firearm shall be held by the agency employing such officer until it no longer is required as evidence.
Source
Laws 1994, LB 988, § 3.
Cross References
Disposition of confiscated firearm, see section 28-1204.04.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1204.03 - Firearms and violence; legislative findings.

28-1204.03.
Firearms and violence; legislative findings.
The Legislature finds that:
(1) Increased violence at schools has become a national, state, and local problem;
(2) Increased violence and the threat of violence has a grave and detrimental impact on the educational process in Nebraska schools;
(3) Increased violence has caused fear and concern among not only the schools and students but the public at large;
(4) Firearms have contributed greatly to the increase of fear and concern among our citizens;
(5) Schools have a duty to protect their students and provide an environment which promotes and provides an education in a nonthreatening manner;
(6) An additional danger of firearms at schools is the risk of accidental discharge and harm to students and staff;
(7) Firearms are an immediate and inherently dangerous threat to the safety and well-being of an educational setting; and
(8) The ability to confiscate and remove firearms quickly from school grounds is a legitimate and necessary tool to protect students and the educational process.
Source
Laws 1994, LB 988, § 5;
Laws 2009, LB430, § 7.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1207 - Possession of a defaced firearm; penalty.

28-1207.
Possession of a defaced firearm; penalty.
(1) Any person who knowingly possesses, receives, sells, or leases, other than by delivery to law enforcement officials, any firearm from which the manufacturer's identification mark or serial number has been removed, defaced, altered, or destroyed, commits the offense of possession of a defaced firearm.
(2) Possession of a defaced firearm is a Class III felony.
Source
Laws 1977, LB 38, § 239;
Laws 2009, LB63, § 16.
Annotations
This section is held not to be invalid as in conflict with Neb. Const. art. I, section 1. State v. Comeau, 233 Neb. 907, 448 N.W.2d 595 (1989).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1208 - Defacing a firearm; penalty.

28-1208.
Defacing a firearm; penalty.
(1) Any person who intentionally removes, defaces, covers, alters, or destroys the manufacturer's identification mark or serial number or other distinguishing numbers on any firearm commits the offense of defacing a firearm.
(2) Defacing a firearm is a Class III felony.
Source
Laws 1977, LB 38, § 240;
Laws 2009, LB63, § 17.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1209 - Failure to register tranquilizer guns; penalty.

28-1209.
Failure to register tranquilizer guns; penalty.
(1) Any person who fails or neglects to register any gun or other device designed, adapted or used for projecting darts or other missiles containing tranquilizers or other chemicals or compounds which will produce unconsciousness or temporary disability in live animals, with the county sheriff of the county in which the owner of the gun or device resides, commits the offense of failure to register tranquilizer guns.
(2) Failure to register tranquilizer guns is a Class III misdemeanor.
Source
Laws 1977, LB 38, § 241.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1210 - Failure to notify the sheriff of the sale of tranquilizer guns; penalty; record.

28-1210.
Failure to notify the sheriff of the sale of tranquilizer guns; penalty; record.
(1) Any person, partnership, limited liability company, or corporation selling any gun or other device as described in section 28-1209 which fails to immediately notify the sheriff of the county of the sale and giving the name and address of the purchaser thereof and the make and number of the gun or device commits the offense of failure to notify the sheriff of the sale of tranquilizer guns.
(2) The sheriff shall keep a record of such sale with the information furnished pursuant to this section.
(3) Failure to notify the sheriff of the sale of tranquilizer guns is a Class III misdemeanor.
Source
Laws 1977, LB 38, § 242;
Laws 1993, LB 121, § 179.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1212 - Presence of firearm in motor vehicle; prima facie evidence.

28-1212.
Presence of firearm in motor vehicle; prima facie evidence.
The presence in a motor vehicle other than a public vehicle of any firearm or instrument referred to in section 28-1203, 28-1206, 28-1207, or 28-1212.03 shall be prima facie evidence that it is in the possession of and is carried by all persons occupying such motor vehicle at the time such firearm or instrument is found, except that this section shall not be applicable if such firearm or instrument is found upon the person of one of the occupants therein.
Source
Laws 1977, LB 38, § 244;
Laws 1991, LB 477, § 3.
Annotations
Although "prima facie evidence" is found in this section, the content of a statute within the criminal code is not necessarily and always proper information for a jury. State v. Jasper, 237 Neb. 754, 467 N.W.2d 855 (1991).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1212.01 - Unlawful discharge of firearm; terms, defined.

28-1212.01.
Unlawful discharge of firearm; terms, defined.
For purposes of sections 28-1212.02 and 28-1212.04:
(1) Aircraft means any contrivance intended for and capable of transporting persons through the airspace;
(2) Inhabited means currently being used for dwelling purposes; and
(3) Occupied means that a person is physically present in a building, motor vehicle, or aircraft.
Source
Laws 1990, LB 1018, § 3;
Laws 1995, LB 371, § 10;
Laws 2010, LB771, § 11.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1212.02 - Unlawful discharge of firearm; penalty.

28-1212.02.
Unlawful discharge of firearm; penalty.
Any person who unlawfully and intentionally discharges a firearm at an inhabited dwelling house, occupied building, occupied motor vehicle, occupied aircraft, inhabited motor home as defined in section 71-4603, or inhabited camper unit as defined in section 60-1801 shall be guilty of a Class ID felony.
Source
Laws 1990, LB 1018, § 2;
Laws 1995, LB 371, § 11;
Laws 2009, LB63, § 18.
Annotations
Attempted first degree assault is not a lesser-included offense of unlawful discharge of a firearm, and unlawful discharge of a firearm is not a lesser-included offense of attempted first degree assault. State v. McBride, 252 Neb. 866, 567 N.W.2d 136 (1997).
Prosecution for both unlawful discharge of a firearm under this section and possession of a deadly weapon by a felon under section 28-1206 does not violate the Double Jeopardy Clause. State v. McBride, 252 Neb. 866, 567 N.W.2d 136 (1997).
Prosecution for both unlawful discharge of a firearm under this section and use of a deadly weapon to commit a felony under section 28-1205 in a single proceeding does not violate the Double Jeopardy Clause. State v. McBride, 252 Neb. 866, 567 N.W.2d 136 (1997).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1212.03 - Stolen firearm; prohibited acts; violation; penalty.

28-1212.03.
Stolen firearm; prohibited acts; violation; penalty.
(1) Any person who possesses, receives, retains, or disposes of a stolen firearm knowing that it has been or believing that it has been stolen shall be guilty of a Class IIA felony unless the firearm is possessed, received, retained, or disposed of with intent to restore it to the owner.
(2) Any person who possesses, receives, retains, or disposes of a stolen firearm when such person should have known, or had reasonable cause to believe, that such firearm has been stolen shall be guilty of a Class IIA felony unless the firearm is possessed, received, retained, or disposed of with intent to restore it to the owner.
Source
Laws 1991, LB 477, § 1;
Laws 2009, LB63, § 19;
Laws 2015, LB605, § 53;
Laws 2020, LB582, § 1.
Annotations
The absence of an intent to restore a firearm to the owner is a material element of possession of a stolen firearm and must be instructed to the jury. State v. Mann, 302 Neb. 804, 925 N.W.2d 324 (2019).
The use of the term "deprive" in a separate definition within the jury instructions does not instruct the jury that the absence of an intent to restore the property was a material element of the crime. State v. Mann, 302 Neb. 804, 925 N.W.2d 324 (2019).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1212.04 - Discharge of firearm in certain cities and counties; prohibited acts; penalty.

28-1212.04.
Discharge of firearm in certain cities and counties; prohibited acts; penalty.
Any person, within the territorial boundaries of any city of the first class or county containing a city of the metropolitan class or primary class, who unlawfully, knowingly, and intentionally or recklessly discharges a firearm, while in any motor vehicle or in the proximity of any motor vehicle that such person has just exited, at or in the general direction of any person, dwelling, building, structure, occupied motor vehicle, occupied aircraft, inhabited motor home as defined in section 71-4603, or inhabited camper unit as defined in section 60-1801, is guilty of a Class IC felony.
Source
Laws 2009, LB63, § 20;
Laws 2010, LB771, § 12;
Laws 2010, LB817, § 3.
Annotations
Evidence was sufficient to support the defendant's conviction under this section, which proscribes intentionally discharging a firearm in the general direction of an occupied motor vehicle while in the proximity of a motor vehicle, where evidence showed the defendant was present when shots were fired into an occupied motor vehicle and permitted a reasonable inference that the defendant was one of the persons shooting into the vehicle. State v. Ross, 283 Neb. 742, 811 N.W.2d 298 (2012).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1214 - Explosives control; applicability of sections.

28-1214.
Explosives control; applicability of sections.
(1) Sections 28-1213 to 28-1239 shall apply to persons engaged in the manufacture, ownership, possession, storage, use, transportation, purchase, sale, or gift of explosive materials, except as may be otherwise indicated herein.
(2) Sections 28-1213 to 28-1239 shall not apply to explosive materials while being transported in conformity with federal law or regulations, nor, except as may be otherwise provided in such sections, to the ownership, possession, storage, use, transportation, purchase, or sale of explosive materials by the armed forces of the United States, the National Guard, other reserve components of the armed forces of the United States, and the duly constituted police and firefighting forces of the United States and of the state and its political subdivisions in the lawful discharge of their official duties.
Source
Laws 1977, LB 38, § 246.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1215 - Unlawful possession of explosive materials, first degree; exception; penalty.

28-1215.
Unlawful possession of explosive materials, first degree; exception; penalty.
(1) Except as provided in subsection (2) of this section, any person who is ineligible to obtain a permit from the Nebraska State Patrol and who possesses or stores explosive materials commits the offense of unlawful possession of explosive materials in the first degree.
(2) Subsection (1) of this section shall not be applicable to any person transporting explosive materials in accordance with section 28-1235 or to any person who has obtained a permit from the Nebraska State Patrol to store or use such explosive materials or, in the case of a business enterprise, a permit to purchase such explosive materials.
(3) Unlawful possession of explosive materials in the first degree is a Class IV felony.
Source
Laws 1977, LB 38, § 247;
Laws 1986, LB 975, § 1;
Laws 1989, LB 215, § 2.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1216 - Unlawful possession of explosive materials, second degree; penalty.

28-1216.
Unlawful possession of explosive materials, second degree; penalty.
(1) Except as provided in subsection (2) of this section, any person who is eligible to obtain a permit from the Nebraska State Patrol or has a valid educational, industrial, commercial, agricultural, or other legitimate need for a permit and who possesses or stores explosive materials without such a permit commits the offense of unlawful possession of explosive materials in the second degree.
(2) The exclusions provided in subsection (2) of section 28-1215 shall be applicable to this section.
(3) Unlawful possession of explosive materials in the second degree is a Class I misdemeanor.
Source
Laws 1977, LB 38, § 248;
Laws 1989, LB 215, § 3.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1217 - Unlawful sale of explosives; penalty.

28-1217.
Unlawful sale of explosives; penalty.
(1) Any person who knowingly and intentionally sells, transfers, issues, or gives any explosive materials to any person who does not display a valid permit issued by the Nebraska State Patrol authorizing the storage or use of such explosive materials or, in the case of a business enterprise, a permit to purchase such explosive materials commits the offense of unlawful sale of explosives.
(2) Unlawful sale of explosives is a Class IV felony.
Source
Laws 1977, LB 38, § 249;
Laws 1986, LB 975, § 2;
Laws 1989, LB 215, § 4.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1218 - Use of explosives without a permit; penalty.

28-1218.
Use of explosives without a permit; penalty.
(1) Any person who uses any explosive materials for any purpose whatsoever, unless such person has obtained a permit from the Nebraska State Patrol to use such explosive materials or uses such explosive materials under the supervision of a permitholder, commits the offense of use of explosives without a permit.
(2) Except as provided in subsection (3) of this section, use of explosives without a permit is a Class I misdemeanor.
(3) Upon a showing that the accused was eligible under existing rules and regulations to receive a permit or had a valid educational, industrial, commercial, agricultural, or other legitimate need for a permit, use of explosives without a permit is a Class II misdemeanor.
(4) Any person under the direct and proximate supervision of a person possessing a permit to use explosive materials may also use explosive materials under such safety provisions as the Nebraska State Patrol may adopt and promulgate. Federal licensees and permittees shall obtain permits from the Nebraska State Patrol to use explosive materials.
Source
Laws 1977, LB 38, § 250;
Laws 1989, LB 215, § 5.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1219 - Obtaining a permit through false representation; penalty.

28-1219.
Obtaining a permit through false representation; penalty.
(1) Any person who knowingly withholds information or makes any false, fictitious, or misrepresented statement or furnishes or exhibits any false, fictitious, or misrepresented identification for the purpose of obtaining a permit or relief from disability under the provisions of sections 28-1213 to 28-1239 or knowingly makes any false entry in a record which such person is required to keep pursuant to such sections or the regulations promulgated pursuant to such sections, commits the offense of obtaining a permit through false representations.
(2) Obtaining a permit through false representations is a Class IV felony.
Source
Laws 1977, LB 38, § 251.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1220 - Possession of a destructive device; penalty; permit or license for explosive materials; no defense.

28-1220.
Possession of a destructive device; penalty; permit or license for explosive materials; no defense.
(1) Any person who has in his possession a destructive device, as defined in subdivision (7) of section 28-1213, commits the offense of possession of a destructive device.
(2) A permit or license issued under any state or federal law to possess, own, use, distribute, sell, manufacture, store, or handle in any manner explosive materials shall not be a defense to the crime of possession of a destructive device as defined in this section.
(3) Possession of a destructive device is a Class IV felony.
Source
Laws 1977, LB 38, § 252.
Annotations
Possession of each destructive device constitutes a separate offense. State v. Spurgin, 261 Neb. 427, 623 N.W.2d 644 (2001).
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1221 - Threatening the use of explosives; placing a false bomb; penalty.

28-1221.
Threatening the use of explosives; placing a false bomb; penalty.
(1) A person who conveys any threat or maliciously conveys to any other person false information knowing the same to be false, concerning an attempt or alleged attempt being made or to be made to kill, injure, or intimidate any individual or unlawfully to damage or destroy any building, vehicle, or other real or personal property by means of any explosive material or destructive device commits the offense of threatening the use of explosives.
(2) A person who places or causes to be placed any device or object that by its design, construction, content, or character appears to be or appears to contain a bomb, destructive device, or explosive, but is in fact an inoperative facsimile or imitation of a bomb, destructive device, or explosive, and that such person knows, intends, or reasonably believes is likely to cause public alarm or inconvenience, commits the offense of placing a false bomb.
(3) Threatening the use of explosives or placing a false bomb is a Class IV felony.
Source
Laws 1977, LB 38, § 253;
Laws 2002, LB 82, § 10.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1222 - Using explosives to commit a felony; penalty.

28-1222.
Using explosives to commit a felony; penalty.
(1) Any person who uses an explosive material or destructive device to commit any felony which may be prosecuted in this state or who possesses an explosive during the commission of any felony which may be prosecuted in this state commits the offense of using explosives to commit a felony.
(2) Using explosives to commit a felony is a Class IIA felony.
(3) In the case of a second or subsequent conviction under this section, using explosives to commit a felony is a Class II felony.
Source
Laws 1977, LB 38, § 254;
Laws 2015, LB605, § 54.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1223 - Using explosives to damage or destroy property; penalty.

28-1223.
Using explosives to damage or destroy property; penalty.
(1) Any person who, by means of an explosive material or destructive device, maliciously attempts to damage or destroy or does damage or destroy any building, structure, vehicle, or other real or personal property commits the offense of using explosives to damage or destroy property.
(2) Except as provided under subsection (3) or (4) of this section, using explosives to damage or destroy property is a Class III felony.
(3) If a personal injury results, using explosives to damage or destroy property is a Class II felony.
(4) If death results, using explosives to damage or destroy property shall be punished as for conviction of murder in the first degree.
Source
Laws 1977, LB 38, § 255.
2023 Nebraska Revised Statutes › Chapter 28 - Crimes and Punishments › 28-1224 - Using explosives to kill or injure any person; penalty.

28-1224.
Using explosives to kill or injure any person; penalty.
(1) Any person who uses explosive materials or destructive devices to intentionally kill, injure, or intimidate any individual commits the offense of using explosives to kill or injure any person.
(2) Except as provided in subsection (3) or (4) of this section, using explosives to kill or injure any person is a Class IIA felony.
(3) If personal injury results, using explosives to kill or injure any person is a Class II felony.
(4) If death results, using explosives to kill or injure any person shall be punished as for conviction of murder in the first degree.
Source
Laws 1977, LB 38, § 256;
Laws 2015, LB605, § 55.