(1) A person commits the offense of possession of a deadly weapon by a prohibited person if he or she:
(a) Possesses a firearm, a knife, or brass or iron knuckles and he or she:
(i) Has previously been convicted of a felony;
(ii) Is a fugitive from justice;
(iii) Is the subject of a current and valid protection order issued under the Protection Orders Act or a current and valid foreign protection order recognized under section 26-123 or 26-124 and is knowingly violating such order; or
(iv) Is on probation pursuant to a deferred judgment for a felony under section 29-2292 or 29-4803; or
(b) Possesses a firearm or brass or iron knuckles and he or she has been convicted within the past seven years of a misdemeanor crime of domestic violence.
(2) The felony conviction may have been had in any court in the United States, the several states, territories, or possessions, or the District of Columbia.
(3)(a) Possession of a deadly weapon which is not a firearm by a prohibited person is a Class III felony.
(b) Possession of a deadly weapon which is a firearm by a prohibited person is a Class ID felony for a first offense and a Class IB felony for a second or subsequent offense.
(4) Subdivision (1)(a)(i) of this section shall not prohibit:
(a) Possession of archery equipment for lawful purposes; or
(b) If in possession of a recreational license, possession of a knife for purposes of butchering, dressing, or otherwise processing or harvesting game, fish, or furs.
(5)(a) For purposes of this section, misdemeanor crime of domestic violence means a crime that:
(i) Is classified as a misdemeanor under the laws of the United States or the District of Columbia or the laws of any state, territory, possession, or tribe;
(ii) Has, as an element, the use or attempted use of physical force or the threatened use of a deadly weapon; and
(iii) Is committed by another against his or her spouse, his or her former spouse, a person with whom he or she has a child in common whether or not they have been married or lived together at any time, or a person with whom he or she is or was involved in a dating relationship as defined in section 28-323.
(b) For purposes of this section, misdemeanor crime of domestic violence also includes the following offenses, if committed by a person against his or her spouse, his or her former spouse, a person with whom he or she is or was involved in a dating relationship as defined in section 28-323, or a person with whom he or she has a child in common whether or not they have been married or lived together at any time:
(i) Assault in the third degree under section 28-310;
(ii) False imprisonment in the second degree under section 28-315;
(iii) First offense domestic assault in the third degree under subsection (1) of section 28-323; or
(iv) Any attempt or conspiracy to commit any of such offenses.
(c) A person shall not be considered to have been convicted of a misdemeanor crime of domestic violence unless:
(i) The person was represented by counsel in the case or knowingly and intelligently waived the right to counsel in the case; and
(ii) In the case of a prosecution for a misdemeanor crime of domestic violence for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either:
(A) The case was tried to a jury; or
(B) The person knowingly and intelligently waived the right to have the case tried to a jury.
(6) In addition, for purposes of this section:
(a) Archery equipment means:
(i) A longbow, recurve bow, compound bow, or nonelectric crossbow that is drawn or cocked with human power and released by human power; and
(ii) Target or hunting arrows, including arrows with broad, fixed, or removable heads or that contain multiple sharp cutting edges; and
(b) Recreational license means a state-issued license, certificate, registration, permit, tag, sticker, or other similar document or identifier evidencing permission to hunt, fish, or trap for furs in the State of Nebraska.
Notes of Decisions
Cited in
196
cases (
74 in the last 5 years), 1981–2026 · leading case:
State v. Portsche
State v. Portsche (2000)
neb · cites it 31×
“NATURE OF CASE Tod Portsche, appellee, was charged in the district court for Lancaster County with being a felon in possession of a firearm in violation of Neb. Rev. Stat. § 28-1206 (Reissue 1998).”
State v. Peters (2001)
neb · cites it 21×
“Peters appeals his conviction of being a felon in possession of a firearm under Neb. Rev. Stat. § 28-1206 (Reissue 1995).”
State v. Mueller (2018)
neb · cites it 5×
“Mueller recognizes that the instruction given by the district court was consistent with the statutory definition of possession of a deadly weapon by a prohibited person set forth in Neb. Rev. Stat. § 28-1206 (Reissue 2016), which was in effect in 2015, the time the offense…”
State v. Hernandez (2018)
neb · cites it 4×
“2 See Neb. Rev. Stat. § 28-1205 (1)(c) (Reissue 2016).”
State v. Vann (2020)
neb · cites it 11×
“The statutory definition of possession of a deadly weapon by a prohibited person in effect at the time of the offense is set forth in Neb. Rev. Stat. § 28-1206 (Reissue 2016).”
State v. Gozzola (2007)
neb · cites it 14×
“Gozzola’s motion to quash that portion of an information which charged him with being a felon in possession of a deadly weapon in violation of Neb. Rev. Stat. § 28-1206 (1) (Reissue 1995).”
State v. Valentine (2019)
nebctapp · cites it 37×
“On appeal, he challenges the district court’s failure to suppress evidence seized during a traffic stop of his vehicle and the district court’s interpretation of Neb. Rev. Stat. § 28-1206 (Supp. 2017), which delineates the elements of the offense of possession of a deadly weapon…”
State v. Mowell (2003)
neb · cites it 10×
“Choice of Evils Defense Mowell was found guilty of being a felon in possession of a firearm in violation of Neb. Rev. Stat. § 28-1206 (Reissue 1995).”
State v. Ramirez (2008)
neb · cites it 18×
“1 See Neb. Rev. Stat. § 28-1205 (Reissue 1995).”
State v. Chairez (2019)
neb · cites it 3×
“NATURE OF CASE Pursuant to a plea agreement with the State, the defendant entered no contest pleas and was subsequently convicted of possession of a firearm by a prohibited person, a Class ID felony, in violation of Neb. Rev. Stat. § 28-1206 (3) (Supp. 2017); attempted first…”
State v. Warlick (2021)
neb · cites it 8×
“§§ 77-4302 and 77-4309 (Reissue 2018); (4) possession of a firearm during the com- mission of a felony, in violation of Neb. Rev. Stat. § 28-1205 (Reissue 2016); (5) possession of a deadly weapon by a pro- hibited person, in violation of Neb.”
State v. Botts (2018)
neb · cites it 2×
“FACTUAL BACKGROUND Botts was charged with possession of a deadly weapon by a prohibited person under Neb. Rev. Stat. § 28-1206 (Reissue 2016).”
— Neb. Rev. Stat. § 28-1206(1) — 22 cases
State v. Gozzola (2007)
neb
“Gozzola’s motion to quash that portion of an information which charged him with being a felon in possession of a deadly weapon in violation of Neb. Rev. Stat. § 28-1206 (1) (Reissue 1995).”
State v. Portsche (2000)
neb
“NATURE OF CASE Tod Portsche, appellee, was charged in the district court for Lancaster County with being a felon in possession of a firearm in violation of Neb. Rev. Stat. § 28-1206 (Reissue 1998).”
— Neb. Rev. Stat. § 28-1206(1)(a) — 11 cases
— Neb. Rev. Stat. § 28-1206(1)(a)(i) — 3 cases
State v. Warlick (2021)
neb
“§§ 77-4302 and 77-4309 (Reissue 2018); (4) possession of a firearm during the com- mission of a felony, in violation of Neb. Rev. Stat. § 28-1205 (Reissue 2016); (5) possession of a deadly weapon by a pro- hibited person, in violation of Neb.”
— Neb. Rev. Stat. § 28-1206(1)(b) — 1 case
— Neb. Rev. Stat. § 28-1206(1)(i) — 1 case
— Neb. Rev. Stat. § 28-1206(2) — 1 case
— Neb. Rev. Stat. § 28-1206(2)(b) — 1 case
— Neb. Rev. Stat. § 28-1206(3) — 3 cases
State v. Chairez (2019)
neb
“NATURE OF CASE Pursuant to a plea agreement with the State, the defendant entered no contest pleas and was subsequently convicted of possession of a firearm by a prohibited person, a Class ID felony, in violation of Neb. Rev. Stat. § 28-1206 (3) (Supp. 2017); attempted first…”
— Neb. Rev. Stat. § 28-1206(3)(a) — 1 case
— Neb. Rev. Stat. § 28-1206(3)(b) — 15 cases
State v. Mueller (2018)
neb
“Mueller recognizes that the instruction given by the district court was consistent with the statutory definition of possession of a deadly weapon by a prohibited person set forth in Neb. Rev. Stat. § 28-1206 (Reissue 2016), which was in effect in 2015, the time the offense…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.