2021 Nebraska Revised Statutes
Chapter 28 - Crimes and Punishments
28-1212.03 - Stolen firearm; prohibited acts; violation; penalty.
28-1212.03. Stolen firearm; prohibited acts; violation; penalty.
(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.
Source
- Laws 1991, LB 477, § 1;
- Laws 2009, LB63, § 19;
- Laws 2015, LB605, § 53;
- Laws 2020, LB582, § 1.
Annotations
The absence of an intent to restore a firearm to the owner is a material element of possession of a stolen firearm and must be instructed to the jury. State v. Mann, 302 Neb. 804, 925 N.W.2d 324 (2019).
The use of the term "deprive" in a separate definition within the jury instructions does not instruct the jury that the absence of an intent to restore the property was a material element of the crime. State v. Mann, 302 Neb. 804, 925 N.W.2d 324 (2019).
