Neb. Rev. Stat. » Chapter 28

Neb. Rev. Stat. § 28-1212.04

Discharge of firearm in certain cities and counties; prohibited acts; penalty

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Any person, within the territorial boundaries of any city of the first class or county containing a city of the metropolitan class or primary class, who unlawfully, knowingly, and intentionally or recklessly discharges a firearm, while in any motor vehicle or in the proximity of any motor vehicle that such person has just exited, at or in the general direction of any person, dwelling, building, structure, occupied motor vehicle, occupied aircraft, inhabited motor home as defined in section 71-4603, or inhabited camper unit as defined in section 60-1801, is guilty of a Class IC felony.

Notes of Decisions
Cited in 18 cases (5 in the last 5 years), 2014–2023 · leading case: State v. Ross
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State v. Ross (2017) neb · cites it 27× “Ross was convicted of three counts, including violation of Neb. Rev. Stat. § 28-1212.04 (Supp. 2009).”
Sanders v. Frakes (2016) neb · cites it 6× “The district court dismissed his peti- tion, in which Sanders argued that Neb. Rev. Stat. § 28-1212.04 (Reissue 2016) was facially unconstitutional.”
State v. Sanders (2014) neb · cites it 20× “Sanders had been convicted of discharging a firearm at a dwelling while in or near a motor vehicle, in violation of Neb. Rev. Stat. § 28-1212.04 (Cum. Supp. 2012), and using a firearm to commit a felony.”
State v. Chairez (2019) neb · cites it 2× “Chairez was originally charged with possession of a firearm by a prohibited person under § 28-1206(3), discharge of a firearm near a vehicle under Neb. Rev. Stat. § 28-1212.04 (Reissue 2016), attempted first degree assault under §§ 28-201 and 28-308, and use of a firearm to…”
State v. Johnson (2022) nebctapp · cites it 13× “Any per- son committing the felony of discharging a firearm in a city of the first class pursuant to Neb. Rev. Stat. § 28-1212.04 (Reissue 2016) shall be subjected to cumulative punishments in a single proceeding for both the offense of discharging a firearm and the offense of…”
State v. Washington (2018) neb · cites it 4× “**423 The Court of Appeals also found that all but two of Washington's ineffective assistance of counsel claims were without merit, except for Washington's claim that counsel failed to preserve a constitutional challenge to Neb. Rev. Stat. § 28-1212.04 (Reissue 2016) and that…”
State v. Hickey (2019) nebctapp · cites it 3× “Hickey assigns, restated, that the district court erred in (1) admitting the driver’s statements into evidence in violation of the Confrontation Clause, (2) admitting the driver’s state- ments into evidence under an exception to the hearsay rule, (3) denying Hickey’s proffered…”
State v. Washington (2018) neb · cites it 4× “Washington’s motion for rehearing to the Court of Appeals and petition for further review to this court were both denied.”
State v. Campbell (2019) nebctapp · cites it 5× “5 are incomplete statements of the relevant statute, Neb. Rev. Stat. § 28-1212.04 (Reissue 2016), as both omit the term “recklessly” from their language.”
State v. Campbell (2016) nebctapp · cites it 3× “Campbell was also charged with one count of Discharging a Firearm While In or In Proximity of any Motor Vehicle at any Person or Occupied Motor Vehicle, pursuant to Neb. Rev. Stat. § 28-1212.04 (Cum. Supp. 2014).”
State v. Erpelding (2018) nebctapp · cites it 2× “In both cases, the Nebraska Supreme Court held that trial counsel did not perform in a deficient manner by failing to raise a constitutional challenge -6- to Neb. Rev. Stat. § 28-1212.04 (Reissue 2016).”
State v. Chairez (2019) neb · cites it 2× “Chairez was originally charged with possession of a fire- arm by a prohibited person under § 28-1206(3), discharge of a firearm near a vehicle under Neb. Rev. Stat. § 28-1212.04 (Reissue 2016), attempted first degree assault under §§ 28-201 and 28-308, and use of a firearm to…”
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