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Know the Laws: Nebraska

UPDATED August 17, 2016

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WomensLaw.org strongly recommends that you get in touch with a domestic violence advocate in your community for more information on gun laws in your area.  To find an advocate at a local program, please visit the NE State and Local Programs page under the Where to Find Help tab at the top of this page.

Guns and Criminal Convictions

back to topIf the abuser has been convicted of a crime, can s/he keep or buy a gun?

No. Under federal law, if the abuser has been convicted of a felony or a domestic violence misdemeanor, s/he cannot have or buy a gun. * If you're not sure if the abuser has been convicted of a domestic violence misdemeanor, see What crimes are considered domestic violence misdemeanors?

In addition, Nebraska state law makes it illegal for a person to have or buy a gun if s/he has been convicted of a felony or is a fugitive from justice (any person fleeing to avoid prosecution).**   Also, in order to get a concealed weapons permit in Nebraska, the applicant must:

  • not have been convicted of a felony under the laws of Nebraska or any other state;
  • within the past 10 years, not have been convicted of a misdemeanor crime of violence under the laws of Nebraska or any other state;
  • within the past 10 years, not have had a conviction of any Nebraska law relating to firearms, unlawful use of a weapon, or controlled substances (drugs) or of any similar laws of another state; and
  • not be on parole, probation, house arrest, or work release.***
* 18 USC § 922(g)(9)
** NE R.S. § 28-1206(1)
*** NE R.S. § 69-2433(4),(5),(8),(9)

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back to topIf a law enforcement officer or other government employee is convicted of a domestic violence misdemeanor, can s/he have or buy a gun?

No.  Law enforcement officers and other government officials who have been convicted of a domestic violence misdemeanor or felony cannot have or buy guns for any purpose, including their official duties, according to federal law. *

* 18 USC § 925(a)(1)

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back to topHow can I find out if the abuser has been convicted of a domestic violence misdemeanor or a felony?

Domestic violence misdemeanor and felony records are open to the public but they are not always easy to access.  If you know the exact courthouse where your abuser may have been convicted, you can go to the courthouse and ask the clerk of court for access to those records.

Domestic violence misdemeanor and felony records are also kept in the National Instant Criminal Background Check System (NICS). However, no one other than law enforcement officials and licensed firearm sellers are allowed to search the NICS. Your local police department may be willing to search NICS for you if you ask, but they are not required to do so.

To read more about the NICS, please see the question, What will happen if the abuser tries to purchase a gun?

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