§ 28-1204 — Unlawful possession of a handgun; exceptions; penalty

Nebraska § 28-1204

• Jurisdiction: Nebraska
• Ch. 28: Crimes and Punishments

Text

(1) Any person under the age of eighteen years who possesses
a handgun commits the offense of unlawful possession
of a handgun.
(2) This section does not apply to the issuance of handguns to members of the armed forces of the
United States, active or reserve, National Guard of this state, or Reserve
Officers Training Corps, when on duty or training, or to the temporary loan
of handguns for instruction under the immediate
supervision of a parent or guardian or adult instructor.
(3) Unlawful possession of a handgun is
a Class I misdemeanor.

Legislative History

Source: Laws 1977, LB 38, § 236; Laws 1978, LB 748, § 18; Laws 2009, LB63, § 11. Annotations: When a person is charged with violation of this section, the State need not prove that a revolver or gun is operable in order to establish that it is a "firearm". The test is whether evidence of possession of a revolver or gun of prohibited description, which is in apparently good condition and has the characteristics and appearance commonly understood to be those of the firearm it purports to be, is prima facie evidence sufficient to go to the trier of fact in a prosecution for being a person under the age of 18 in possession of a pistol, revolver, or any other form of short-barreled hand firearm. In re Interest of Cory P., 7 Neb. App. 397, 584 N.W.2d 820 (1998).