Citation(s) from the literature library

Giffords Law Center to Prevent Gun Violence. 2023 ‘Domestic Violence & Firearms in Nebraska.’ Who Can Have a Gun. San Francisco, CA: Giffords Law Center to Prevent Gun Violence. 21 September

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Domestic Violence and Firearms in Nebraska

Nebraska has no law requiring the removal or surrender of firearms when a domestic abuser becomes prohibited from possessing them.

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. However, unlike federal law, Nebraska law defines a misdemeanor crime of domestic violence to include certain crimes between persons involved in a dating relationship.

Firearm Prohibitions for Protective Order Defendants

Unlike federal law, Nebraska does not generally prohibit an individual subject to a domestic violence protective order from possessing firearms or ammunition, unless he or she is knowingly violating the order. However, a law enacted in Nebraska in 2012 authorizes, but does not require, a court that is issuing a domestic violence protective order to prohibit the abuser from purchasing or possessing firearms.

Notice to Abusers 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. 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. The law also requires a court issuing a protective order to serve this notice to the abuser on the state court administrator's form.

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. In addition, law enforcement may remove firearms and ammunition discovered during a consensual search, if necessary to protect the officer or any other person. Nebraska law states that the disposition of firearms seized at a domestic violence scene must be determined by court order…

[Editor's note: The Giffords Law Center to Prevent Gun Violence regularly updates its webpages with new data as US gun regulation evolves state by state. For the most up-to-date information on US gun laws, please refer to the Giffords URL below]

ID: Q7033

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