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

Neb. Rev. Stat. § 28-1207 (2026)

Possession of a defaced firearm; penalty

✓ current as of July 2026
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(1) Any person who knowingly possesses, receives, sells, or leases, other than by delivery to law enforcement officials, any firearm from which the manufacturer's identification mark or serial number has been removed, defaced, altered, or destroyed, commits the offense of possession of a defaced firearm.

(2) Possession of a defaced firearm is a Class III felony.

Notes of Decisions
Cited in 23 cases (1 in the last 5 years), 1933–2022 · leading case: State v. Shiffbauer, 251 N.W.2d 359 (Neb. 1977).
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State v. Shiffbauer, 251 N.W.2d 359 (Neb. 1977). · cites it 4× “That offense, as described in section 28-1207, R.R.S.1943, requires the intent to cheat or defraud.”
State v. Easter, 118 N.W.2d 515 (Neb. 1962). · cites it 10× “The defendant understood he was charged under section 28-1207, R. R. S. 1943. Before the preliminary hearing in county court, the defendant filed a motion to abate and strike each specification of the complaint because it did not charge a crime under section 28-1207, R.”
Beyl v. State, 85 N.W.2d 653 (Neb. 1957). · cites it 4× “373 , which dealt with a prosecution under what is now section 28-1207, R. R. S. 1943. In that opinion, quoting from 25 C.”
State v. Hauck, 209 N.W.2d 580 (Neb. 1973). · cites it 4× “If the defendant had been successful in carrying out and completing the transaction as intended, he would have been guilty of obtaining property by false pretenses in violation of section 28-1207, R.R.S.1943. The statutes dealing with the two crimes of larceny, and obtaining…”
State v. Comeau, 448 N.W.2d 595 (Neb. 1989). · cites it 2× “The defendant filed a “demurrer” which alleged that the information failed to state a crime because Neb. Rev. Stat. § 28-1207 (Reissue 1985), under which the defendant was being prosecuted, was now unconstitutional.”
State v. LaChapelle, 451 N.W.2d 689 (Neb. 1990). · cites it 2× “§ 28-1206 (Reissue 1989), which prohibits a felon’s possession of a firearm with a barrel less than 18 inches in length, and Neb. Rev. Stat. § 28-1207 (Reissue 1989), which prohibits possession of a firearm with the manufacturer’s identification marks or serial numbers removed,…”
State v. French, 291 N.W.2d 248 (Neb. 1980). · cites it 3× “This was a felony offense under the provisions of Neb. Rev. Stat. § 28-1207 (Reissue 1975), the statute then in effect, and, upon conviction, if the value of the property involved was $35 or more, the statute provided for a term of imprisonment in the Nebraska Penal and…”
State v. Swanson, 140 N.W.2d 618 (Neb. 1966). · cites it 5× “Both sections 28-1207 and 28-1216, R. R. S. 1943, plainly provide that so- far as receipt of the avails of the false pretense or representation by the wrongdoer is a necessary element of the particular crimes mentioned, obtaining either money or credit is sufficient.”
Pettijohn v. State, 27 N.W.2d 380 (Neb. 1947). · cites it 6× “Section 28-1207, R. S. 1943, enumerates the different acts that constitute a criminal offense under its provisions and provides in part: “(1) Whoever by false pretense or pretenses shall obtain from any other person, * * * any money, goods, merchandise, credit or effects…”
Goldman v. State, 260 N.W. 373 (Neb. 1935). · cites it 2× “Goldman, defendant, was prosecuted in the district court for, Douglas county on a charge of obtaining $700 from Lilly Green by false pretenses, in violation of section 28-1207, Comp. St. 1929. The jury returned a verdict of guilty, and he was sentenced to a term of four years in…”
Brennan v. State, 299 N.W. 525 (Neb. 1941). · cites it 2× “The defendant was charged with a violation of section 28-1207, Comp. St. 1929, which is as follows: “Whoever by false pretense or pretenses shall obtain from any other person, corporation, association, or partnership, any money, goods, merchandise, credit or effects whatsoever…”
Dwoskin v. State, 74 N.W.2d 847 (Neb. 1956). · cites it 2× “The charge was brought under section 28-1207, R. R. S. 1943. So far as material here, the statute provides: “Whoever (1) by false pretense or pretenses, or by a promissory representation as to some future action to be taken by the person making the representation where made with…”
Show all 23 citing cases →
— Neb. Rev. Stat. § 28-1207(1) — 1 case
State v. Knight (Neb. Ct. App. 2020).
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