Neb. Rev. Stat. » Chapter 28
Nebraska Revised Statutes

Neb. Rev. Stat. § 28-1203 (2026)

Transportation or possession of machine guns, short rifles, or short shotguns; penalty; exception

✓ current as of July 2026
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(1) Any person or persons who shall transport or possess any machine gun, short rifle, or short shotgun commits a Class IV felony.

(2) The provisions of this section shall not be held to prohibit any act by peace officers, members of the United States armed services, or members of the National Guard of this state, in the lawful discharge of their duties, or persons qualified under the provisions of federal law relating to the short rifle, short shotgun, or machine gun.

Notes of Decisions
Cited in 17 cases (3 in the last 5 years), 1982–2026 · leading case: State v. LaChapelle, 451 N.W.2d 689 (Neb. 1990).
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State v. LaChapelle, 451 N.W.2d 689 (Neb. 1990). · cites it 9× “LaChapelle with possession of a short shotgun in violation of Neb. Rev. Stat. § 28-1203 (1) *459 (Reissue 1989): “Any person or persons who shall transport or possess any machine gun, short rifle, or short shotgun commits a Class IV felony.”
State v. Jasper, 467 N.W.2d 855 (Neb. 1991). · cites it 5× “Jasper appeals his Douglas County jury conviction for possession of a short shotgun, a Class IV felony under Neb. Rev. Stat. § 28-1203 (1) (Reissue 1989).”
Jay Isaac Hollis v. Loretta Lynch, 827 F.3d 436 (5th Cir. 2016). “1 ; Neb. Rev. Stat. § 28-1203 ; Nev. Rev. Stat.”
State v. Frieze, 525 N.W.2d 646 (Neb. Ct. App. 1994). · cites it 3× “Neb. Rev. Stat. § 28-1203 (Reissue 1989).”
State v. Vrtiska, 406 N.W.2d 114 (Neb. 1987). · cites it 2× “Vrtiska appeals his conviction in a jury trial for possession of a short shotgun in violation of Neb. Rev. Stat. § 28-1203 (1) (Reissue 1985).”
State v. Shurter, 468 N.W.2d 628 (Neb. 1991). · cites it 2× “Though the record is silent on this point, Shurter was apparently charged with possession of a short shotgun, in violation of Neb. Rev. Stat. § 28-1203 (1) (Reissue 1989).”
State v. Long, 594 N.W.2d 310 (Neb. Ct. App. 1999). · cites it 2× “2d 855 (1991), the Nebraska Supreme Court stated that this possessory standard is equally applicable to possession of a firearm, specifically to possession of a short shotgun under Neb. Rev. Stat. § 28-1203 (Reissue 1995).”
State v. Botts, 26 Neb. Ct. App. 544 (Neb. Ct. App. 2018). · cites it 2× “§ 28-1212 (Reissue 2016), which provides: The presence in a motor vehicle other than a public vehicle of any firearm or instrument referred to in section 28-1203, 28-1206, 28-1207, or 28-1212.”
State v. Pittman, 556 N.W.2d 276 (Neb. Ct. App. 1996). · cites it 2× “§ 42-924 (Reissue 1993), a Class II misdemeanor, 4 to 5 years’ imprisonment for possession of a short shotgun, in violation of Neb. Rev. Stat. § 28-1203 (1) (Reissue 1995), a Class IV felony; 20 to 25 years’ imprisonment for attempted kidnapping, in violation of §§ 28-313 and…”
State v. Traxler, 315 N.W.2d 440 (Neb. 1982). · cites it 2× “Traxler, was convicted before a jury in the District Court for Cheyenne County of possession of a short shotgun as prohibited by Neb. Rev. Stat. § 28-1203 (1) (Reissue 1979), which states: “Any person or persons who shall transport or possess any machine gun, short rifle, or…”
State v. Steele, 399 N.W.2d 267 (Neb. 1987). · cites it 2× “Appellant, Ronald Steele, was charged by information with possession of a short shotgun in violation of Neb. Rev. Stat. § 28-1203 (Reissue 1985), and with being a felon in possession *477 of a firearm in violation of Neb.”
State v. Ryan, 387 N.W.2d 705 (Neb. 1986). · cites it 4× “Ryan, pled guilty to possessing a machine gun in violation of Neb. Rev. Stat. § 28-1203 (Reissue 1985).”
Show all 17 citing cases →
— Neb. Rev. Stat. § 28-1203(1) — 3 cases
State v. LaChapelle, 451 N.W.2d 689 (Neb. 1990). “LaChapelle with possession of a short shotgun in violation of Neb. Rev. Stat. § 28-1203 (1) *459 (Reissue 1989): “Any person or persons who shall transport or possess any machine gun, short rifle, or short shotgun commits a Class IV felony.”
State v. Jasper, 467 N.W.2d 855 (Neb. 1991). “Jasper appeals his Douglas County jury conviction for possession of a short shotgun, a Class IV felony under Neb. Rev. Stat. § 28-1203 (1) (Reissue 1989).”
State v. Felix (Neb. Ct. App. 2025).
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