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

Neb. Rev. Stat. § 28-1220 (2026)

Possession of a destructive device; penalty; permit or license for explosive materials; no defense

✓ current as of July 2026
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(1) Any person who has in his possession a destructive device, as defined in subdivision (7) of section 28-1213, commits the offense of possession of a destructive device.

(2) A permit or license issued under any state or federal law to possess, own, use, distribute, sell, manufacture, store, or handle in any manner explosive materials shall not be a defense to the crime of possession of a destructive device as defined in this section.

(3) Possession of a destructive device is a Class IV felony.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1994–2022 · leading case: State v. Spurgin, 623 N.W.2d 644 (Neb. 2001).
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State v. Spurgin, 623 N.W.2d 644 (Neb. 2001). · cites it 7× “Neb. Rev. Stat. § 28-1220 (Reissue 1995) states: “(1) Any person who has in his possession a destructive device, as defined in subdivision (7) of section 28-1213, commits the offense of possession of a destructive device.”
State v. Anthony P., 698 N.W.2d 457 (Neb. Ct. App. 2005). · cites it 3× “2004) in violation of Neb. Rev. Stat. § 28-1220 (1) (Reissue 1995), a Class IV felony.”
State v. Walton, 523 N.W.2d 699 (Neb. 1994). · cites it 3× “Walton was charged with possession of a destructive device under Neb. Rev. Stat. § 28-1220 (1) (Reissue 1989), a Class IV felony.”
State v. Hauser (Neb. Ct. App. 2022). · cites it 2× “2020); and possession of a destructive device in violation of Neb. Rev. Stat. § 28-1220 (Reissue 2016).”
— Neb. Rev. Stat. § 28-1220(1) — 1 case
State v. Walton, 523 N.W.2d 699 (Neb. 1994). “Walton was charged with possession of a destructive device under Neb. Rev. Stat. § 28-1220 (1) (Reissue 1989), a Class IV felony.”
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