Nebraska Statutes
§ 28-1212 — Presence of firearm in motor vehicle; prima facie evidence
Nebraska·Ch. 28 Crimes and Punishments
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.
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Related
State v. Sundling
538 N.W.2d 749 (Nebraska Supreme Court, 1995)
State v. Jasper
467 N.W.2d 855 (Nebraska Supreme Court, 1991)
State v. Frieze
525 N.W.2d 646 (Nebraska Court of Appeals, 1994)
State v. Blackson
487 N.W.2d 580 (Nebraska Court of Appeals, 1992)
State v. Ellis
345 N.W.2d 323 (Nebraska Supreme Court, 1984)
State v. Suhr
300 N.W.2d 25 (Nebraska Supreme Court, 1980)
State v. Warlick
308 Neb. 656 (Nebraska Supreme Court, 2021)
State v. Kock
300 N.W.2d 824 (Nebraska Supreme Court, 1981)
State v. Stalder
438 N.W.2d 498 (Nebraska Supreme Court, 1989)
State v. Samuels
991 N.W.2d 900 (Nebraska Court of Appeals, 2023)
State v. Sundling
531 N.W.2d 7 (Nebraska Court of Appeals, 1995)
State v. Botts
26 Neb. Ct. App. 544 (Nebraska Court of Appeals, 2018)
State v. Cook
(Nebraska Court of Appeals, 2017)
State v. Cornell
(Nebraska Court of Appeals, 2022)
State v. Falcon
33 Neb. Ct. App. 331 (Nebraska Court of Appeals, 2025)
State v. Sack
24 Neb. Ct. App. 721 (Nebraska Court of Appeals, 2017)
State v. Senn
(Nebraska Court of Appeals, 2016)
Legislative History
Source: Laws 1977, LB 38, § 244; Laws 1991, LB 477, § 3.
Annotations: Although "prima facie evidence" is found in this section, the content of a statute within the criminal code is not necessarily and always proper information for a jury. State v. Jasper, 237 Neb. 754, 467 N.W.2d 855 (1991).
Nearby Sections
15
§ 28-1001
Repealed. Laws 1990, LB 50, § 13§ 28-1002
Repealed. Laws 1990, LB 50, § 13§ 28-1003
Transferred to section28-1010§ 28-1004
Terms, defined§ 28-1007
Sections, how
construed§ 28-1008
Terms, defined§ 28-1009.02
Repealed. Laws 2010, LB 865, § 17§ 28-1009.03
Repealed. Laws 2010, LB 865, § 17§ 28-101
Code, how cited§ 28-1010
Indecency with
an animal; penalty