English
EspañolIf the abuser has been convicted of a crime, can they have or buy a gun?
Nebraska state law makes it illegal for a person to have or buy a gun if they:
- have been convicted of a felony;
- are on probation pursuant to a deferred judgment for a felony, including as part of a veteran justice program;
- have been convicted of a misdemeanor crime of domestic violence within the past seven years;
- are a fugitive from justice, which means any person fleeing to avoid prosecution;1 or
- are younger than 25 and were found to be an “offender” in juvenile court for a crime that would count as a felony or a domestic violence misdemeanor if they were an adult. This is true even if their juvenile record was sealed.2
Note: There are some exceptions to the juvenile offender rule, including if the person has a firearm while in the military or if the person petitions to restore their right to have a firearm.2
Also, federal laws, which apply to all states, may restrict an abuser’s right to have a gun. Go to Federal Gun Laws to get more information.
1 Neb. Rev. Stat. § 28-1206(1)
2 Neb. Rev. Stat. § 28-1204.05(1)-(4)
How can I find out if the abuser has been convicted of a crime?
Criminal 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?
