Nebraska has no law requiring the removal or surrender of firearms when a person becomes prohibited from possessing them due to domestic abuse.
Firearm Prohibitions for Domestic Violence Misdemeanants
Although federal law permanently prohibits individuals convicted of domestic violence misdemeanors from possessing firearms, Nebraska only prohibits a person who has been convicted within the past seven years of a misdemeanor crime of domestic violence from possessing a firearm.1 Nebraska law defines a misdemeanor crime of domestic violence to include certain crimes against current and former dating partners.2
Firearm Prohibitions for Protective Order Defendants
Unlike federal law, Nebraska does not generally prohibit a person subject to domestic violence protective order from possessing firearms, unless he or she is knowingly violating the order.3 Nebraska law authorizes, but does not require, a court that is issuing a domestic violence protective order to prohibit the respondent from purchasing or possessing firearms.4
Notice to Domestic Violence Offenders of Federal Firearm Prohibitions
Nebraska law requires that, when sentencing a person convicted of a misdemeanor crime of domestic violence as defined by federal law, the court must provide written or oral notification to the defendant that it may be a violation of federal law for the individual to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition, or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.5 The state court administrator’s office is explicitly required to create a standard notification that provides this information and to provide a copy of such notification to all judges in the state.6 The law also requires a court issuing a protective order to serve this notice to the respondent on the state court administrator’s form.7
Removal of Firearms from the Scene of a Domestic Violence Incident
In Nebraska, during an arrest for domestic assault, law enforcement must seize those firearms alleged to have been involved or threatened to be used at the scene of a domestic violence incident.8 Law enforcement may also remove firearms and ammunition in plain view as necessary to protect the officer or any other person.9 In addition, law enforcement may remove firearms and ammunition discovered during a consensual search, if necessary to protect the officer or any other person.10 Nebraska law states that the disposition of firearms seized at a domestic violence scene must be determined by court order.11
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- Neb. Rev. Stat. § 28-1206(1)(b).
- Neb. Rev. Stat. §§ 28-1206(5), 28-323(8).
- In addition to domestic violence protective orders, Nebraska law prohibits a person from possessing firearms or ammunition if they knowingly violate a harassment protection order or sexual assault protection order. Neb. Rev. Stat. § 28-1206(1)(a)(iii).
- Neb. Rev. Stat. § 42-924(1)(g).
- Neb. Rev. Stat. § 29-2291.
- Neb. Rev. Stat. §§ 29-2291, 42-925.
- Neb. Rev. Stat. § 29-440(1)(a).
- Neb. Rev. Stat. § 29-440(1)(b).
- Neb. Rev. Stat. § 29-440(3).