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

Neb. Rev. Stat. § 28-1212.02 (2026)

Unlawful discharge of firearm; penalty

✓ current as of July 2026
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Any person who unlawfully and intentionally discharges a firearm at an inhabited dwelling house, occupied building, occupied motor vehicle, occupied aircraft, inhabited motor home as defined in section 71-4603, or inhabited camper unit as defined in section 60-1801 shall be guilty of a Class ID felony.

Notes of Decisions
Cited in 18 cases (10 in the last 5 years), 1997–2026 · leading case: State v. Dap, 315 Neb. 466 (Neb. 2023).
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State v. Dap, 315 Neb. 466 (Neb. 2023). · cites it 6× “” Law enforcement located a spent shell casing near where Fugate saw Dap standing.”
State v. Wofford, 298 Neb. 412 (Neb. 2017). · cites it 2× “Wofford was convicted of unlawful discharge of a firearm at an occupied motor vehicle, which is a Class ID felony under Neb. Rev. Stat. § 28-1212.02 (Reissue 2016).”
State v. Wells, 300 Neb. 296 (Neb. 2018). · cites it 2× “02 (Reissue 2016), which provides that a person is guilty of the offense if the person "unlawfully and intentionally discharges a firearm at[, inter alia,] an inhabited dwelling house, occupied building, [or] occupied motor vehicle.”
State v. McBride, 567 N.W.2d 136 (Neb. 1997). · cites it 5× “§§ 28-201 and 28-308 (Reissue 1995); with discharge of a firearm, a Class III felony, in violation of Neb. Rev. Stat. § 28-1212.02 (Reissue 1995); and with use of a firearm to commit a felony, a Class II felony, in violation of Neb.”
State v. Morton, 29 Neb. Ct. App. 624 (Neb. Ct. App. 2021). · cites it 3× “Neb. Rev. Stat. § 28-1212.02 (Reissue 2016) states, in pertinent part, that a person is guilty of unlawful discharge of a firearm if he or she “unlawfully and intentionally discharges a firearm at an inhabited dwelling house” and that such a person shall be guilty of a Class ID…”
State v. Esai P., 28 Neb. Ct. App. 226 (Neb. Ct. App. 2020). · cites it 2× “226 2016), a Class IC felony (counts 4, 5, 6, 8); and discharging a firearm at an inhabited house, occupied building, or occupied vehicle pursuant to Neb. Rev. Stat. § 28-1212.02 (Reissue 2016), a Class ID felony (count 7).”
State v. Morton, 966 N.W.2d 57 (Neb. 2021). “355 doubt for the crimes the defendant is convicted of, whether an alternative crime fits those facts “best” is a matter of prosecutorial discretion and not a reason to question the trial court’s sentence on the crimes found to have been committed. Prosecutorial discretion is an…”
State v. Sutton, 319 Neb. 581 (Neb. 2025). · cites it 2× “2024); (2) discharging a fire- arm at an inhabited house, occupied building, or occupied motor vehicle, a Class ID felony, in violation of Neb. Rev. Stat. § 28-1212.02 (Reissue 2016); and (3) two counts of use of a firearm to commit a felony, both Class IC felonies, in violation…”
State v. Johnson, 979 N.W.2d 123 (Neb. Ct. App. 2022). · cites it 4× “The Nebraska Supreme Court held that the Double Jeopardy Clause did not bar cumulative punishments for unlawful discharge of a firearm under Neb. Rev. Stat. § 28-1212.02 (Reissue 1995) and use of a firearm to commit a felony under § 28-1205 (Reissue 1995).”
State v. Ramsay, 598 N.W.2d 51 (Neb. 1999). · cites it 2× “§ 28-206 (Reissue 1995), which provides that “[a] person who aids, abets, procures, or causes another to commit any offense may be prosecuted and punished as if he were the principal offender.”
State v. Wofford, 298 Neb. 412 (Neb. 2017). · cites it 2× “Wofford was convicted of unlawful discharge of a firearm at an occupied motor vehicle, which is a Class ID felony under Neb. Rev. Stat. § 28-1212.02 (Reissue 2016).”
State v. Wilson, 320 Neb. 728 (Neb. 2026). · cites it 2× “§ 28-1205 (1)(a) and (c) (Reissue 2016); one count of discharg- ing a firearm at an inhabited house, an occupied building, or an occupied motor vehicle, see Neb. Rev. Stat. § 28-1212.02 (Reissue 2016); and two counts of terroristic threats, see Neb.”
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