28-1212.03. Stolen firearm; prohibited acts; violation; penalty.
193 words·~1 min read·
/ne/chapter-28/28-1212-03A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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.
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).