Nebraska Administrative Code › Topic - STATE PATROL › Title 272 - NEBRASKA STATE PATROL › Chapter 22 - NEBRASKA HANDGUN PURCHASE CERTIFICATE ACT › Section 272-22-007 - PERSONS WITH FIREARM DISABILITIES

Current through June 17, 2024
007.01 A
				certificate application will be denied if federal, state, or local laws
				prohibits the applicant from purchasing or possessing a handgun. The following
				subsections of Section 07 are a nonexclusive list of firearm disabilities that
				prevent persons from purchasing or possessing handguns.
007.01A Persons convicted of a crime
				classified as a felony or a crime punishable by imprisonment for a term
				exceeding one year, whether or not imposed, per
				18
				U.S.C. §
											922(g)(1).
007.01B Persons convicted of a misdemeanor
				punishable by imprisonment for a term exceeding two years, whether or not
				imposed, per
				18
				U.S.C. §
											922(g)(1).
007.01C Persons who are fugitives from
				justice, pursuant to
				18
				U.S.C. §
											922(g)(2), as
				defined by
				18
				U.S.C. §
											921(15), or
				Neb. Rev. Stat. §
										28-1206,
				as defined by Neb. Rev. Stat. §
										28-1201.
007.01D Persons who are unlawful users of or
				addicted to any controlled substance pursuant to
				18
				U.S.C. §
											922(g)(3).
				"Unlawful user of or addicted to any controlled substance" is defined in
				27 C.F.R. §
											478.11.
007.01E Persons who have been adjudicated as
				mental defectives or have been committed to any mental institution, as
				described in
				18
				U.S.C. §
											922(g)(4).
				"Adjudicated as a mental defective", "committed to a mental institution", and
				"mental institution" are defined by
				27 C.F.R. §
											478.11.
007.01F Persons who are aliens and are
				illegally or unlawfully in the United States, as defined by
				18
				U.S.C. §
											922(g)(5).
				"Alien" and "alien illegally or unlawfully in the United States" are defined in
				27 C.F.R. §
											478.11.
007.01G Persons who have been discharged from
				the U.S. Armed Forces under a dishonorable discharge conditions, pursuant to
				18
				U.S.C. §
											922(g)(6).
				This does not include a "bad conduct" discharge or "other than honorable"
				discharge from the U.S. Armed Forces.
007.01H Persons who, having been citizens of
				the United States, have renounced their U.S. Citizenship, as set out in
				18
				U.S.C. §
											922(g)(7). All
				renounced citizenship information is provided by the Department of State and is
				found in the NICS Indices.
007.01I
				Persons convicted in any federal, state, or tribal court of a misdemeanor crime
				of domestic violence as set out in
				18
				U.S.C. §
											922(g)(9). A
				misdemeanor crime of domestic violence means a conviction pursuant to
				18
				U.S.C. §
											921(a)(33).
007.01J Persons subject to a court order that
				restrains them from harassing, stalking, or threatening an intimate partner, as
				defined by
				18
				U.S.C. §
											921(a)(32), or
				a child of such intimate partner, or from engaging in other conduct that would
				place the partner or child in reasonable fear of bodily injury pursuant to
				18
				U.S.C. §
											922(g)(8).
				This firearm disability only applies to a court order that:
(1) was issued after a hearing of which such
				person received actual notice, and at which such person had the opportunity to
				participate; and
(2) includes a
				finding that such person represents a credible threat to the physical safety of
				such intimate partner or child; or
(3) by its terms explicitly prohibits the
				use, attempted use or threatened us of physical force against such intimate
				partner or child that would reasonably be expected to cause bodily
				injury.
007.01K Persons
				who are under indictment or information in any court of a crime punishable by
				imprisonment for a term exceeding one year, as prohibited by
				18
				U.S.C. §
											922(n), or any
				state offense classified by the laws of the state as misdemeanor and punishable
				by imprisonment for a term exceeding two years. "Indictment" is defined by
				27 C.F.R. §
											478.11.
007.01L Persons who are prohibited by Neb.
				Rev. Stat. §
										28-1206
				or Neb. Rev. Stat. §
										28-1204.05
				from possessing a firearm.
007.01M
				Persons prohibited from purchasing or possessing a handgun by city or village
				ordinance.