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

Neb. Rev. Stat. § 28-1212 (2026)

Presence of firearm in motor vehicle; prima facie evidence

✓ current as of July 2026
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The presence in a motor vehicle other than a public vehicle of any firearm or instrument referred to in section 28-1203, 28-1206, 28-1207, or 28-1212.03 shall be prima facie evidence that it is in the possession of and is carried by all persons occupying such motor vehicle at the time such firearm or instrument is found, except that this section shall not be applicable if such firearm or instrument is found upon the person of one of the occupants therein.

Notes of Decisions
Cited in 29 cases (6 in the last 5 years), 1938–2026 · leading case: State v. Warlick, 308 Neb. 656 (Neb. 2021).
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State v. Warlick, 308 Neb. 656 (Neb. 2021). · cites it 6× “80 In addition to this evidence, we find Neb. Rev. Stat. § 28-1212 (Reissue 2016) applicable to these weapons convictions.”
State v. Jasper, 467 N.W.2d 855 (Neb. 1991). · cites it 6× “” Neb. Rev. Stat. § 28-1212 (Reissue 1989) states: The presence in a motor vehicle other than a public vehicle of any firearm .”
State v. Suhr, 300 N.W.2d 25 (Neb. 1980). · cites it 9× “Further, on June 16, 1976, a complaint was filed in the county court of Lancaster County, Nebraska, at docket 166, page 969, charging the defendant with a misdemeanor offense of writing a no-account check, pursuant to Neb. Rev. Stat. § 28-1212 (Reissue 1975) (repealed 1977).”
Taylor v. State, 66 N.W.2d 514 (Neb. 1954). · cites it 20× “1943, that Johnie Taylor, hereinafter called defendant, willfully, unlawfully, and feloniously, with intent to defraud, did on June 20, 1953, make, draw, utter, issue, and deliver a certain described bank check for $10 drawn upon the Hastings National Bank, then well knowing…”
State v. Botts, 26 Neb. Ct. App. 544 (Neb. Ct. App. 2018). · cites it 12× “The instruction was based on Neb. Rev. Stat. § 28-1212 (Reissue 2016), which provides: The presence in a motor vehicle other than a public vehicle of any firearm or instrument referred to in section 28-1203, 28-1206, 28-1207, or 28-1212.”
State v. Sundling, 538 N.W.2d 749 (Neb. 1995). · cites it 4× “On appeal, the defendant assigned that the trial court erred when it held that his 1976 misdemeanor conviction “of writing a no-account check, pursuant to Neb. Rev. Stat. § 28-1212 (Reissue 1975) (repealed 1977),” qualified as a conviction for the purpose of enhancing his…”
State v. Stalder, 438 N.W.2d 498 (Neb. 1989). · cites it 7× “This instruction sets out Neb. Rev. Stat. § 28-1212 (Reissue 1985), which provides: “The presence in a motor vehicle other than a public vehicle of any firearm .”
State v. Kock, 300 N.W.2d 824 (Neb. 1981). · cites it 5× “433 (1938), we had occasion to examine Neb. Rev. Stat. § 28-1212 (Reissue 1975), the forerunner of the present statute under question.”
Haines v. State, 281 N.W. 860 (Neb. 1938). · cites it 8× “Plaintiff in error, hereinafter designated as defendant, was proceeded against under section 28-1212, Comp. St. 1929, governing the issuance of an insufficient-funds check.”
State v. Samuels, 991 N.W.2d 900 (Neb. Ct. App. 2023). · cites it 3× “Pursuant to Neb. Rev. Stat. § 28-1212 (Reissue 2016): The presence in a motor vehicle other than a public vehicle of any firearm or instrument referred to in sec- tion 28-1203, 28-1206, 28-1207, or 28-1212.”
State v. Frieze, 525 N.W.2d 646 (Neb. Ct. App. 1994). · cites it 2× “See, also, Neb. Rev. Stat. § 28-1212 (Cum. Supp. 1994).”
State v. Blackson, 487 N.W.2d 580 (Neb. Ct. App. 1992). · cites it 2× “” By instructing the jury on the presumption of Neb. Rev. Stat. § 28-1212 (Reissue 1989) that all individuals in a motor vehicle are in possession of or are carrying any firearm found in that vehicle, the trial court in effect directed a verdict against the appellant.”
Show all 29 citing cases →
— Neb. Rev. Stat. § 28-1212(2) — 1 case
State v. Ellis, 345 N.W.2d 323 (Neb. 1984).
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