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Pursuant to Article I, § 1 of the Nebraska Constitution:
All persons are by nature free and independent, and have certain
inherent and inalienable rights; among these are life, liberty, the
pursuit of happiness, and the right to keep and bear arms for
security or defense of self, family, home, and others, and for
lawful common defense, hunting, recreational use, and all other
lawful purposes, and such rights shall not be denied or infringed by
the state or any subdivision thereof.
In State v. Comeau, 448 N.W.2d 595 (Neb. 1989), the Supreme Court of Nebraska rejected an art. I, § 1 challenge to Neb. Rev. Stat. §§ 28-1207 (prohibiting possession of a firearm with altered identification marks) and 28-1206 (prohibiting possession of a deadly weapon by a felon). The court held that the "right to keep and bear arms" is not absolute and the state may adopt reasonable regulations concerning firearms. Comeau, 448 N.W.2d at 597, 600.
The Supreme Court of Nebraska rejected another art. I, § 1 challenge to section 28-1206 in State v. Mowell, 672 N.W.2d 389 (Neb. 2003). The Mowell defendant argued that section 28-1206 violated his art. I, § 1 "right to defend himself." The court cited its previous decisions when finding the statute to be a "reasonable, and constitutional, restriction on the right to bear arms." Mowell, 672 N.W.2d at 401.
See also State v. LaChapelle, 451 N.W.2d 689, 691 (Neb. 1990) (rejecting an art. I, § 1 challenge to section 28-1203(1) (prohibiting possession of a machine gun, short rifle or short shotgun) holding that the section "is a valid exercise of the State’s police power in reasonable regulation of certain firearms"); State v. Harrington, 461 N.W.2d 752 (Neb. 1990), overruled on other grounds by State v. Woodfork, 478 N.W.2d 248 (Neb. 1991) (rejecting an art. I, § 1 challenge to section 28-1206); and State v. Blank, 474 N.W.2d 689 (Neb. 1991) (also rejecting an art. I, § 1 challenge to section 28-1206).
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A series of statutes grant explicit authority to local jurisdictions to regulate firearms in certain ways:
Cities of 300,000 or more inhabitants may "punish and prevent the carrying of concealed weapons and the discharge of firearms… within the city." Neb. Rev. Stat. § 14-102(6); Cities with between 100,000 and 300,000 inhabitants may "prevent use of firearms…and prohibit carrying of concealed weapons..." Section 15-255; Cities with between 5,000 and 100,000 inhabitants may "regulate, punish, and prevent the discharge of firearms…in the streets, lots, grounds, and alleys or about or in the vicinity of any buildings...[and] regulate, prevent, and punish the carrying of concealed weapons." Section 16-227; and Cities with between 800 and 5,000 inhabitants may "regulate, punish, and prevent the discharge of firearms...in the streets, lots, grounds, alleys or about or in the vicinity of any buildings [and] regulate, prevent and punish the carrying of concealed weapons." Section 17-556.
Section 69-2401 provides that "[t]he state has a valid interest in the regulation of the purchase, lease, rental, and transfer of handguns." Sections 69-2401 through 69-2425 require the transferee of a handgun to either undergo a background check or obtain a handgun certificate before the transfer. However, section 69-2425 provides that "[a]ny city or village ordinance existing on September 6, 1991 [the date the legislation became effective], shall not be preempted by sections 69-2401 to 69-2425."
There are no cases addressing preemption of local firearms regulation by the state. However the general rule in Nebraska is that state law preempts a local law in three instances: 1) when the state explicitly conveys its intention that a law preempts local laws on the same subject; 2) when the state’s intention to preempt local law is implied by a comprehensive scheme of legislation on a particular subject; also known as "field preemption" and 3) where the local law is inconsistent with state law. State v. Furnas County Farms, 667 N.W.2d 512, 522-23 (Neb. 2003). See generally State v. Belitz, 278 N.W.2d 769 (Neb. 1979); Bali Hai’, Inc. v. Nebraska Liquor Control Commission, 236 N.W.2d 614 (Neb. 1975); and State v. Salisbury, 579 N.W.2d 570 (Neb. Ct. App. 1998).
The Nebraska Attorney General was asked whether state law superseded Omaha ordinances restricting the sale of handguns to persons who have obtained written permits from, and requiring registration of such weapons with, the local chief of police. Op. Att’y Gen. 92079 (1992), 1992 Neb. AG LEXIS 69. The Attorney General reasoned that there was no conflict between the Nebraska handgun registration laws and the Omaha ordinances that would make their concurrent application impossible, and therefore the ordinances were authorized by section 14-102.01. Section 14-102.01 authorizes cites with over 300,000 inhabitants to make ordinances:
[N]ot inconsistent with the general laws of the state, as may be necessary or expedient, in addition to the special powers otherwise granted by law, for maintaining the peace, good government, and welfare of the city and for preserving order, securing persons or property from violence, danger, and destruction, for protecting public and private property, for promoting the public health, safety, convenience, comfort, morals, and general interests, and welfare of the inhabitants of the city.
Similar provisions exist governing cities with less than 300,000 inhabitants. (For cities with between 100,000 and 300,000 inhabitants, see section 15-263; for cities with between 5,000 and 100,000 inhabitants, see section 16-246; and for cities with between 800 and 5,000 inhabitants, see section 17-505.)
Please see the Preemption section of the Master List of Firearms Policies for a general discussion of this issue, as well as the Federal Preemption section of the Federal Law Summary page.
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For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel. |
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No relevant statutes currently exist.
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Federal law generally requires that licensed firearms dealers
conduct a background check on all prospective firearms
purchasers to ensure that such persons are not prohibited from
buying or possessing a firearm. This background check
requirement and the National Instant Criminal Background Check
System (“NICS”) were enacted through the Brady Handgun
Violence Prevention Act, pursuant to Public Law 103-159, and
codified at
18 U.S.C. § 921 et seq. Federal law defines a number of classes of
prohibited purchasers (including felons, fugitives, persons
adjudicated as “mental defectives” or those committed to
mental institutions), and leaves to the states the power to
determine additional classes. (For a complete list of
federally prohibited purchasers, click
here.)
Under the Brady Act, states have the option of serving as a
“state point of contact” and conducting their own background
checks using NICS and state informational records and
databases, or having the checks performed by the FBI using
only NICS. Federal law does not require private sellers
(persons other than firearms dealers) to conduct background
checks on prospective purchasers.
In Nebraska, all transfers of long guns by licensed dealers are processed directly though the FBI, which enforces the federal purchaser prohibitions referenced above. Nebraska serves as a point of contact for handgun transfers. Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, Midyear 2004 (August 2005). Neb. Rev. Stat. § 69-2411.
To purchase a handgun in Nebraska from a federally licensed dealer, a person other than a federally licensed dealer must either obtain a handgun certificate or undergo a background check conducted by the Nebraska State Patrol ("NSP"). Section 69-2410. To obtain a handgun certificate, an applicant must be twenty-one years of age or older and eligible to purchase or possess a handgun under 18 U.S.C. § 922. Section 69-2404. The Nebraska State Patrol uses NICS and other databases (including those of the Nebraska Department of Health and Human Services and the criminal history records of the Nebraska State Patrol) to verify that prospective purchasers are not prohibited from possessing a handgun. Sections 69-2402(2), 69-2409.01 and 69-2411.
A handgun certificate authorizes the holder to acquire any number of handguns during the period that the certificate is valid. Section 69-2407. The certificate is valid for three years. Id. However, if the chief of police or sheriff who issued the certificate determines that the applicant has become disqualified for the certificate, he or she may immediately revoke the certificate. Id.
Nebraska has incorporated a federal prohibition as a state offense. Pursuant to section 28-1206, no person may possess a firearm if he or she is a felon or a fugitive from justice. Section 28-1206.
Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d). Handgun purchase certificate holders (but not concealed weapons permit holders) in Nebraska are exempt from background checks under the Brady Act according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the federal Brady Act. Please note that ATF’s exempt status determination is subject to change without notice. For further information, see the Nebraska Licensing of Gun Purchasers/Owners section.
With certain limited exceptions, persons wishing to obtain handguns through private sellers (non-firearms dealers) must obtain the above-referenced handgun certificate. Section 69-2403. Transfers of rifles and shotguns by private sellers are not subject to background checks, although federal and state purchaser prohibitions still apply. See the Nebraska Private/Secondary Sales section.
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No relevant statutes currently exist.
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Open Carrying/Exposed Firearms
Nebraska Revised Statutes § 28-1204.04(1) prohibits the possession of a firearm in a school, on school grounds, in a school-owned vehicle, or at a school-sponsored activity or athletic event. This section does not apply to any:
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Member of the armed forces or duly authorized law enforcement when on duty or in training;
Person receiving instruction under the immediate supervision of an adult instructor; and Non-student adult operating a private vehicle containing an unloaded firearm that is encased or in a locked firearms rack on the motor vehicle. "Encased" means enclosed in a case expressly made for containing a firearm when the case is completely fastened with no part of the firearm exposed.
Id.
Nebraska generally prohibits any person from carrying firearms within the boundaries of a state game refuge (section 37-708), or the State Wild Game Preserve (section 37-712).
Transportation of Firearms
Nebraska Revised Statutes § 37-522 prohibits carrying a loaded shotgun in or on any vehicle on any highway.
Section 60-6,342 prohibits carrying or possessing a shotgun or rimfire rifle while operating or riding on a snowmobile unless such firearm is unloaded and enclosed in a carrying case. Section 60-6,344 prohibits the owner of a snowmobile from permitting the operation of the snowmobile for purposes of carrying a shotgun or rifle thereon unless such shotgun or rifle is unloaded and encased.
Concealed Weapons Licensing Requirements
Nebraska is a "shall issue" state, meaning that the Nebraska State Patrol must issue a concealed weapons permit if the applicant meets certain qualifications. Neb. Rev. Stat. § 69-2430(3) (effective January 1, 2007). Pursuant to section 69-2433 (effective January 1, 2007), an applicant for a permit to carry a concealed handgun must:
Be at least 21 years of age; Not be prohibited from purchasing or possessing a handgun by 18 U.S.C. § 922, as such section existed on January 1, 2005; Possess sufficient powers of eyesight, as demonstrated by a current Nebraska motor vehicle operator's license or a current optometrist's or ophthalmologist's statement; Not have pled guilty or no contest to, or not have been convicted of a felony or a crime of violence; Not have been found in the previous ten years to be a mentally ill and dangerous person and not be currently adjudged mentally incompetent; Have been a Nebraska resident for at least 180 days; Have not violated any law relating to firearms, unlawful use of a weapon, or controlled substances in the preceding ten years; Not be on parole, probation, house arrest, or work release; Be a citizen of the United States; and Provide "proof of training." "Proof of training" means an original or certified copy of a document certifying that the applicant successfully completed an approved handgun training and safety course within the previous three years, or is a member of the armed forces and has had similar handgun training within that time. Section 69-2429 (effective January 1, 2007). The minimum requirements for approval of a handgun training and safety course are set forth in section 69-2432 (effective January 1, 2007).
The applicant is subject to a check of his or her criminal history record information maintained by the Federal Bureau of Investigation through the Nebraska State Patrol. Section 69-2431 (effective January 1, 2007).
The fee for the permit is $100. Section 69-2436(1) (effective January 1, 2007).
It is a Class I misdemeanor to carry a concealed weapon in Nebraska unless the person is a holder of a valid concealed weapons permit and the concealed weapon is a handgun. Section 28-1202 (effective January 1, 2007). It is an affirmative defense to a prosecution of a violation under section 28-1202 (effective January 1, 2007) that the defendant was engaged in any lawful business, calling, or employment at the time he or she was carrying the weapon(s), if the circumstances justified a "prudent person" in carrying the weapon(s) for the defense of his or her person, property, or family. Id.
Additional application and background check requirements, as well as permit suspension and disqualification information, are detailed under sections 69-2430, 69-2431, 69-2435 through 69-2437 and 69-2439.
Disclosure or Use of Information
Nebraska does not allow personal application or permit information of concealed weapons permit holders to be made public. The Nebraska State Patrol maintains a listing of all applicants and permit holders and any pertinent information regarding such applicants and permit holders. Section 69-2444 (effective January 1, 2007). The information is available upon request to all law enforcement agencies, but is confidential and is not considered a public record. Id.
Any time the discharge of a handgun carried by a permit holder results in injury to a person or damage to property, the permit holder must make a report of such incident to the Nebraska State Patrol. Section 69-2442 (effective January 1, 2007). This information is maintained as part of the listing required by section 69-2444 (effective January 1, 2007). Id.
Information about the status of a permit to carry a concealed handgun and
the dates of issuance and expiration of such permit are also included within
records of the Department of Motor Vehicles. Section
69-2447 (effective January 1, 2007).
Duration & Renewal
A permit to carry a concealed handgun is valid for five years. Section 69-2436 (effective January 1, 2007). The Nebraska State Patrol must renew a permit for five years, subject to continuing compliance with the qualifications for the permit. Id. The renewal fee is $50 and renewal may be applied for up to four months before expiration of the permit. Id. A permit holder is subject to having his or her permit revoked if he or she does not continue to meet the qualifications for the permit. Sections 69-2435, 69-2439 (effective January 1, 2007).
Location Limits
Pursuant to Section 69-2441 (effective January 1, 2007), a holder of a permit to carry a concealed handgun may carry a concealed handgun anywhere in Nebraska except:
A police, sheriff, or Nebraska State Patrol station or office; A detention facility, prison, or jail; A courtroom or building which contains a courtroom; A polling place during a bona fide election; A meeting of the governing body of a county, public school district, municipality, or other political subdivision; A meeting of the Legislature or a committee of the Legislature; A financial institution, except that a financial institution may authorize its security personnel to carry concealed handguns on duty; A professional, semiprofessional, or collegiate athletic event; A school, school grounds, a school-owned vehicle, or a school-sponsored activity or athletic event; A place of worship; An emergency room or trauma center; A political rally or fundraiser; An establishment having a license issued under the Nebraska Liquor Control Act that derives over one-half of its total income from the sale of alcoholic liquor; A place where the possession or carrying of a firearm is prohibited by state or federal law; A place or premises where the person(s), entity, entities or employer in control has prohibited permit holders from carrying concealed handguns; or Any other place or premises where handguns are prohibited by law, rule or regulation.
If a person, entity or employer in control of property prohibits the carrying of concealed weapons on the property, a permit holder does not violate section 69-2441 (effective January 1, 2007) unless the person(s), entity, entities or employer in control of the property has posted a conspicuous notice or has made a request that the permit holder remove the concealed handgun from the place or premises. Id. However, a permit holder may carry a concealed handgun that is not removed from a vehicle onto property even if the person(s), entity, or employer in control has prohibited carrying concealed weapons. Id. An employer may prohibit permit holders from carrying concealed weapons in vehicles owned by the employer. Id.
Nebraska Revised Statutes § 28-1204.04(1) prohibits the possession of a firearm in a school, on school grounds, in a school-owned vehicle, or at a school-sponsored activity or athletic event. This section does not apply to:
Members of the armed forces or duly authorized law enforcement when on duty or in training; Firearms which may be lawfully possessed by the person receiving instruction, for instruction under the immediate supervision of an adult instructor; and Unloaded firearms contained within a private vehicle operated by a non-student adult, if the firearms are encased or in a locked firearms rack on the motor vehicle. "Encased" means enclosed in a case expressly made for containing a firearm when the case is completely fastened with no part of the firearm exposed.
Id.
It is generally unlawful to carry firearms within the boundaries of a state game refuge, section 37-708, or the State Wild Game Preserve, section 37-712.
Reciprocity
There are no relevant provisions.
Brady Exemption
In Nebraska, handgun certificate holders, but not concealed weapons permit holders, are exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act. Please note that ATF’s exempt status determination for a given state is subject to change without notice. For further information, see the Nebraska Licensing of Gun Purchasers / Owners section.
Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d).
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Pursuant to Nebraska Revised Statutes § 69-2426(1), firearms dealers must distribute to all firearms purchasers information developed by the Department of Health and Human Services regarding "the dangers of leaving loaded firearms unattended around children."
Section 28-1204.01 prohibits any person from knowingly and intentionally transferring or attempting to transfer the possession of a firearm to a juvenile, defined by section 28-1201(3) as a person under the age of eighteen. However, this section does not apply to the transfer of a long gun:
From a person related to the juvenile within the second degree of consanguinity or affinity if express permission has been obtained from the juvenile’s parent or guardian; For a legitimate and lawful sporting purpose; or To a juvenile who is under direct adult supervision in an appropriate educational program.
State administrative regulations require licensed family child care providers to ensure that firearms are kept in locked storage and unloaded, with ammunition stored separately. 391 Neb. Admin. Code § 6-007.07. Licensed child care centers must ensure that firearms are kept in locked cabinets. 391 Neb. Admin. Code § 8-020.06. License-exempt family child care homes must keep firearms inaccessible to children. 392 Neb. Admin. Code § 5-003(23). Licensed foster homes must ensure that all firearms are deactivated and locked or stored in a locked cabinet or area separate from ammunition. 474 Neb. Admin. Code § 6-003.35G.
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Nebraska does not license firearms dealers. Pursuant to the Brady Act, federally licensed firearms dealers must conduct background checks on prospective purchasers each time the dealer transfers a firearm. See the Nebraska Background Checks section.
Pursuant to Nebraska Revised Statutes § 69-2410, handgun transfers by licensed dealers to non-federally licensed transferees require either that the dealer:
- Inspect a valid handgun certificate (which confirms the buyer is at least 21 years of age and has undergone a Nebraska State Police (NSP) background check; see Nebraska Background Checks and Licensing of Purchasers/Owners sections) and a photo identification; or
- Inspect photo identification from the potential buyer, obtain a consent form, and process a background check through the NSP instant check system.
Any licensed dealer who knowingly and intentionally sells or delivers a handgun in violation of these requirements is guilty of a Class IV felony. Section 69-2421.
Section 69-2426(1) requires dealers to distribute
purchaser information developed by the Department of Health and
Human Services regarding “the dangers of leaving loaded
firearms unattended around children."
Under section 28-1204.01(1), it is a Class IV felony for any person to knowingly and intentionally transfer, or attempt to transfer, a firearm to a juvenile (defined as any person under 18 years of age in § 28-1201). However, pursuant to section 28-1204.01(2), it is not unlawful to transfer a long gun to a juvenile:
- Who is related to the transferor within the
second degree of consanguinity or affinity if the transfer of
physical possession does not occur until the juvenile's parent
or guardian grants express permission;
- Who is under direct adult supervision in an
appropriate educational program; or
- For a legitimate and lawful sporting purpose.
A person who knowingly sells or possesses a “firearm from
which the manufacturer’s identification mark or serial number
has been removed, defaced, altered or destroyed” commits a
Class IV felony. Section 28-1208.
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No relevant statutes currently exist.
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Nebraska Revised Statutes § 69-2417 provides:
Compliance with sections 69-2410 to 69-2423 [requiring a licensed dealer to either perform a background check or inspect the transferee’s handgun certificate before the transfer of a handgun] is a defense by...the licensee transferring a handgun in any cause of action under the laws of this state for liability for damages arising from the importation or manufacture, or the subsequent sale or transfer, of any handgun which has been shipped or transported in interstate or foreign commerce to any person who has been convicted in any court of any crime punishable be a term of more than one year.
For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.
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Nebraska does not specifically regulate junk guns or unsafe firearms. However, according to research conducted by the Center to Prevent Handgun Violence (now Brady Center to Prevent Gun Violence), Nebraska’s Attorney General may have the authority to regulate junk guns, as well as promulgate other firearms safety standards, pursuant to Nebraska Revised Statutes § 87-303.03(1). For details, view the Center's report, "Targeting Safety."
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No relevant statutes currently exist.
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Nebraska Revised Statutes §§ 69-2409 and 69-2410 allow a handgun transfer from a federally licensed importer, manufacturer, or dealer to occur only if the transferee either presents the dealer with a handgun certificate, or completes a consent form and passes a criminal background check.
Pursuant to section 69-2403, a transferee may also receive a handgun without a handgun certificate or background check if:
The
transferee is a licensed firearms dealer under federal law; The handgun is an antique; The transferee is authorized
to do so on behalf of a law enforcement agency; The transfer is temporary and
the transferee remains: (a) in the line of sight of the
transferor; or (b) within the premises of an established
shooting facility; or The transfer is between a
person and his or her spouse, sibling, parent, child, aunt,
uncle, niece, nephew, or grandparent.
To obtain a handgun certificate, an applicant must apply to the
local chief of police or sheriff. Section
69-2404. The application includes the applicant's full name,
social security number, address, date of birth, and country of
citizenship. Id. If the applicant is not a United States
citizen, the application shall include the applicant’s place of
birth, and his or her alien or admission number. Id. The
permit application will be granted if the applicant is 21 years
of age or older and is not prohibited from purchasing or possessing
a handgun under federal, state or local law. Id., section
69-2405.
A handgun certificate authorizes the holder to acquire any number of handguns during the period that the certificate is valid. Section 69-2407. The certificate becomes invalid three years after its effective date. Id. The chief of police or sheriff who issued the certificate may revoke it if he or she determines that the applicant has become disqualified for the certificate under section 69-2404. Id.
A Nebraska handgun purchase certificate qualifies as exempt from the requirements of the Brady Act. Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d). Consult the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart outlining those permits that qualify as alternatives to the Brady Act. Please note that ATF’s exempt status determination is subject to change without notice. For further information, see the Nebraska Background Checks section.
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No relevant statutes currently exist.
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Nebraska prohibits any person under 18 years of age from possessing a handgun. Neb. Rev. Stat. § 28-1204. The provisions of this section do not apply to the issuance of handguns to military personnel when on duty or training, or the temporary loan of handguns for instruction under the immediate supervision of a parent or guardian or adult instructor. Id.
A person must be at least 21 years of age to receive a handgun purchase certificate. Section 69-2404. Section 69-2403 provides that a handgun purchase certificate is necessary to purchase, lease, rent, or receive transfer of a handgun from an unlicensed person. See the Nebraska Licensing of Gun Purchasers/Owners section.
There is no minimum age to possess rifles and shotguns in Nebraska.
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No relevant statutes currently exist.
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No relevant statutes currently exist.
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Persons wishing to obtain handguns through private sellers (non-firearms dealers) must obtain a handgun certificate, and are therefore subject to a background check. Neb. Rev. Stat. § 69-2404; see the Nebraska Background Checks and Licensing of Gun Purchasers/Owners sections. However, pursuant to section 69-2403, a transferee is not required to obtain a handgun certificate if:
The transferee is a licensed firearms dealer under federal
law; The handgun is an antique; The transferee is authorized
to do so on behalf of a law enforcement agency; The transfer is temporary and
the transferee remains: (a) in the line of sight of the
transferor; or (b) within the premises of an established
shooting facility; or The transfer is between a
person and his or her spouse, sibling, parent, child, aunt,
uncle, niece, nephew, or grandparent.
Transfers of rifles and shotguns by private sellers are not subject to background checks in Nebraska, although federal and state purchaser prohibitions still apply.
Under section 28-1204.01(1), it is a Class IV felony to knowingly and intentionally transfer, or attempt to transfer, a firearm to a juvenile (defined as any person under 18 years of age in section 28-1201). However, pursuant to section 28-1204.01(2), it is not unlawful to transfer a long gun to a juvenile:
Who is related to the transferor within the
second degree of consanguinity or affinity if the transfer of
physical possession does not occur until the juvenile's parent
or guardian grants express permission; Who is under direct adult supervision in an
appropriate educational program; or For a legitimate and lawful sporting purpose.
A person who knowingly sells or possesses a "firearm from which the manufacturer’s identification mark or serial number has been removed, defaced, altered or destroyed" commits a Class IV felony. Section 28-1208.
Section
28-1211 expressly authorizes Nebraska residents not otherwise precluded
by applicable laws to purchase, sell, trade, convey, deliver, or transport
rifles, shotguns, ammunition, reloading components or firearm accessories
in Nebraska and states contiguous to Nebraska.
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Nebraska Revised Statutes Annotated § 69-2412(1) states that any records which are created by the Nebraska State Patrol to conduct the criminal history record check pertaining to a potential buyer or transferee who is not prohibited from receipt or transfer of a handgun by reason of state or federal law shall be confidential and may not be disclosed to any person. The Nebraska State Patrol shall destroy any such records as soon as possible after communicating the unique approval number, and in any event, such records shall be destroyed within 48 hours after the date of receipt of the licensee's request. Id. The Nebraska State Patrol shall only maintain a log of dates of requests for criminal history record checks and unique approval numbers corresponding to such dates for not to exceed one year. Section 69-2412(2). Section 69-2412(3) states that these provisions shall not “be construed to allow the state to maintain records containing the names of licensees who receive unique approval numbers or to maintain records of handgun transactions, including the names or other identification of licensees and potential buyers or transferees including persons not otherwise prohibited by law from the receipt or possession of handguns.”
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No relevant statutes currently exist.
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