Citation(s) from the GunPolicy.org literature library
Giffords Law Center to Prevent Gun Violence. 2021 ‘State Right to Bear Arms in Nebraska.’ Other Laws & Policies. San Francisco, CA: Giffords Law Center to Prevent Gun Violence. 21 September
State Right to Bear Arms in Nebraska
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, the Supreme Court of Nebraska rejected an article 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.
The Supreme Court of Nebraska rejected another article I, § 1 challenge to section 28-1206 in State v. Mowell. The defendant argued that section 28-1206 violated his article 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."…
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