28-1204.05. Unlawful possession of a firearm by a prohibited juvenile offender; penalty; exceptions; reinstatement of right to possess firearm; procedure; court; considerations; order; how construed.

489 words·~2 min read·/ne/chapter-28/28-1204-05

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Except as provided in subsections

(3)and

(4)of this section, a person under the age of twenty-five years who knowingly possesses a firearm commits the offense of possession of a firearm by a prohibited juvenile offender if he or she has previously been adjudicated an offender in juvenile court for an act which would constitute a felony or an act which would constitute a misdemeanor crime of domestic violence. This subsection includes an adjudication for which a juvenile record has been sealed upon termination of probation.

(2)Possession of a firearm by a prohibited juvenile offender is a Class IV felony for a first offense and a Class IIIA felony for a second or subsequent offense.

(3)Subsection

(1)of this section does not apply to the possession of firearms by members of the armed forces of the United States, active or reserve, National Guard of this state, or Reserve Officers' Training Corps or peace officers or other duly authorized law enforcement officers when on duty or training.

(4)(a) Prior to reaching the age of twenty-five years, a person subject to the prohibition of subsection

(1)of this section may file a petition for exemption from such prohibition and thereby have his or her right to possess a firearm reinstated. A petitioner who is younger than nineteen years of age shall petition the juvenile court in which he or she was adjudicated for the underlying offense. A petitioner who is nineteen years of age or older shall petition the district court in the county in which he or she resides.

(b)In determining whether to grant a petition filed under subdivision (4)(a) of this section, the court shall consider:

(i)The behavior of the person after the underlying adjudication;

(ii)The likelihood that the person will engage in further criminal activity; and

(iii)Any other information the court considers relevant.

(c)The court may grant a petition filed under subdivision (4)(a) of this section and issue an order exempting the person from the prohibition of subsection

(1)of this section when in the opinion of the court the order will be in the best interests of the person and consistent with the public welfare.

(5)The fact that a person subject to the prohibition under subsection

(1)of this section has reached the age of twenty-five or that a court has granted a petition under subdivision (4)(a) of this section shall not be construed to mean that such adjudication has been set aside. Nothing in this section shall be construed to authorize the setting aside of such an adjudication or conviction except as otherwise provided by law.

(6)For purposes of this section, misdemeanor crime of domestic violence has the same meaning as in section 28-1206 .

The prohibition on possessing firearms in this section is not punishment imposed for a prior juvenile adjudication. In re Interest of Zoie H., 304 Neb. 868, 937 N.W.2d 801 (2020).