Nebraska Revised Statutes

Neb. Rev. Stat. § 28-1228 (2026)

Presence of explosive material or destructive device in vehicle; prima facie evidence; exception

✓ current as of July 2026

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The presence in a vehicle other than a public conveyance of any explosive material or destructive device shall be prima facie evidence that it is in the possession of all persons occupying such vehicle at the time such explosive material or destructive device is found, except that: (1) If such explosive material or destructive device is found upon the person of one of the occupants therein; or (2) if such explosive material or destructive device is found in a vehicle operated for hire by a driver in the due, lawful, and proper pursuit of his trade, then such presumption shall not apply to the driver. The presumption shall not apply to the occupants of a vehicle being operated in compliance with the requirements of section 28-1225, if explosive material but no destructive device is found therein.

Notes of Decisions

Cited in 1 case, 2001–2001 · leading case: Rivas v. United States, 783 A.2d 125 (D.C. 2001).

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Rivas v. United States, 783 A.2d 125 (D.C. 2001). · cites it 2× “) (machine gun in room, boat or vehicle); Neb.Rev. Stat. Ann. § 28-1228 & § 28-1212 (Mitchie, LEXIS through 2000 legislation) (explosive materials and firearms in other than public conveyances); N.”

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