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

Neb. Rev. Stat. § 28-1212.03 (2026)

Stolen firearm; prohibited acts; violation; penalty

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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(1) Any person who possesses, receives, retains, or disposes of a stolen firearm knowing that it has been or believing that it has been stolen shall be guilty of a Class IIA felony unless the firearm is possessed, received, retained, or disposed of with intent to restore it to the owner.

(2) Any person who possesses, receives, retains, or disposes of a stolen firearm when such person should have known, or had reasonable cause to believe, that such firearm has been stolen shall be guilty of a Class IIA felony unless the firearm is possessed, received, retained, or disposed of with intent to restore it to the owner.

Notes of Decisions
Cited in 20 cases (8 in the last 5 years), 2014–2025 · leading case: State v. Mann, 925 N.W.2d 324 (Neb. 2019).
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State v. Mann, 925 N.W.2d 324 (Neb. 2019). · cites it 18× “Mann appeals from a conviction and sentence, pursuant to jury verdict, for possession of a stolen firearm in violation of Neb. Rev. Stat. § 28-1212.03 (Reissue 2016).”
State v. Warlick, 956 N.W.2d 269 (Neb. 2021). · cites it 5× “Pretrial Hearings Warlick was first advised of his right to counsel, including his potential right to appointed counsel, on August 29, 2018, in county court. The matter was bound over to district court, - 662 - Nebraska Supreme Court Advance Sheets 308 Nebraska Reports STATE v.”
State v. Sievers, 911 N.W.2d 607 (Neb. 2018). · cites it 2× “See Neb. Rev. Stat. § 28-1212.03 (Reissue 2016).”
State v. Tyson, 876 N.W.2d 13 (Neb. Ct. App. 2016). · cites it 2× “2014), and one count of posses- sion of a stolen firearm, a Class III felony, in violation of Neb. Rev. Stat. § 28-1212.03 (Cum. Supp. 2014).”
State v. Warlick, 308 Neb. 656 (Neb. 2021). · cites it 5× “Pretrial Hearings Warlick was first advised of his right to counsel, including his potential right to appointed counsel, on August 29, 2018, in county court. The matter was bound over to district court, - 662 - Nebraska Supreme Court Advance Sheets 308 Nebraska Reports STATE v.”
State v. Mann, 302 Neb. 804 (Neb. 2019). · cites it 20× “03 (Reissue 2016), the absence of an intent to restore a firearm to the owner is a material element of the crime of possession of a stolen firearm.”
State v. Mann, 302 Neb. 804 (Neb. 2019). · cites it 20× “03 (Reissue 2016), the absence of an intent to restore a firearm to the owner is a material element of the crime of possession of a stolen firearm.”
State v. Janousek, No. A-17-875, A-17-876, 2018 WL 3752165 (Neb. Ct. App. Aug. 7, 2018). · cites it 3× “BACKGROUND On July 12, 2016, the State filed an information in the firearm case, charging Janousek with possession of a stolen firearm in violation of Neb. Rev. Stat. § 28-1212.03 (Reissue 2016), a Class IIA felony, and possession of a firearm by a prohibited person in violation…”
State v. Tyson, No. A-15-054 (Neb. Ct. App. Feb. 23, 2016). · cites it 2× “The parties stipulated to several items: (1) that Tyson’s DNA was taken from Tyson’s person and from the gun found at the scene and that the DNA results indicated the presence of human DNA but did not result in scientifically reliable proof that it was Tyson’s DNA, (2) that…”
State v. Thunder, No. A-15-891 (Neb. Ct. App. Mar. 7, 2017). · cites it 2× “Thunder was subsequently charged with one count of possessing a stolen firearm in violation of Neb. Rev. Stat. § 28-1212.03 (Cum. Supp. 2012), a Class III felony, and one count of possession of a firearm by a prohibited person in violation of Neb.”
State v. Heiser, No. A-16-1226, A-16-1227, A-16-1228 (Neb. Ct. App. Aug. 22, 2017). · cites it 2× “§ 28-1206 (Reissue 2016), a Class ID felony, and possession of a stolen firearm in violation of Neb. Rev. Stat. § 28-1212.03 (Reissue 2016), a Class IIA felony.”
State v. Sievers, 300 Neb. 26 (Neb. 2018). · cites it 2× “The officers learned from the informant, whose reliability has not been called into question,35 and whose information was only 5 days old at the time, that between 6 and 10 ounces of methamphet- amine were at the residence.”
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