Verified Firearm Specifications

NE1043 — traditional

Common law castle doctrine. Common law castle doctrine was solidified in the United States throughout the 19th century. “By the beginning of the twentieth century it was well accepted in the United States that a man attacked in his own home had no duty to retreat before using deadly force, so long as he reasonably believed it necessary to save his own life.” Indeed, by the 1920s, sources note that the castle...

NE1045 — required

Citation: Neb.Rev.St. § 29-440(1)

(1) Incident to an arrest under section 28-323, a peace officer: (a) Shall seize all weapons that are alleged to have been involved or threatened to be used; and (b) May seize any firearm and ammunition in the plain view of the officer or that is discovered pursuant to a search authorized or consented to by the person being searched or in charge of the premises being searched, as necessary for the protection of the...

NE1057 — assault weapons ban - Federal

Citation: Pub. L. 103-322 Sec. 110102

This subtitle may be cited as the “Public Safety and Recreational Firearms Use Protection Act”. SEC. 110102. RESTRICTION ON MANUFACTURE, TRANSFER, AND POSSESSION OF CERTAIN SEMIAUTOMATIC ASSAULT WEAPONS.

NE1059 — ban on high capacity magazines - federal

Citation: Pub. L. 103-322 Sec. 110103

SEC. 110103. BAN OF LARGE CAPACITY AMMUNITION FEEDING DEVICES. << 18 USCA § 922 >> (a) PROHIBITION.-Section 922 of title 18, United States Code, as amended by section 110102(a), is amended by adding at the end the following new subsection: “(w)(1) Except as provided in paragraph (2), it shall be unlawful for a person to transfer or possess a large capacity ammunition feeding device.

NE1048 — public and private : CCW not allowed

Citation: Neb.Rev.St. § 28-1204.04

(1) Any person who possesses a firearm in a school, on school grounds, in a school-owned vehicle, or at a school-sponsored activity or athletic event is guilty of the offense of unlawful possession of a firearm at a school...(h) a handgun carried as a concealed handgun by a valid holder of a permit issued under the Concealed Handgun Permit Act in a vehicle or on his or her person while riding in or on a vehicle into...

NE1047 — public and private : possession prohibited

Citation: Neb.Rev.St. §§ 28-1201

28-1201: (8) School means a public, private, denominational, or parochial elementary, vocational, or secondary school, a private postsecondary career school as defined in section 85-1603, a community college, a public or private college, a junior college, or a university

NE1049 — public and private : possession prohibited

Citation: Neb.Rev.St. §§ 28-1201

28-1201: (8) School means a public, private, denominational, or parochial elementary, vocational, or secondary school, a private postsecondary career school as defined in section 85-1603, a community college, a public or private college, a junior college, or a university; 1204.04 (1) Any person who possesses a firearm in a school, on school grounds, in a school-owned vehicle, or at a school-sponsored activity or...

NE1051 — limited

Citation: Neb.Rev.St. § 18-1703

Cities and villages shall not have the power to regulate the ownership, possession, or transportation of a concealed handgun, as such ownership, possession, or transportation is authorized under the Concealed Handgun Permit Act, except as expressly provided by state law, and shall not have the power to require registration of a concealed handgun owned, possessed, or transported by a permitholder under the act.

NE1013 — purchase and sale

Citation: Neb. Rev. Stat. § 28-1204.01

(1) Any person who knowingly and intentionally does or attempts to sell, provide, loan, deliver, or in any other way transfer the possession of a firearm to a juvenile commits the offense of unlawful transfer of a firearm to a juvenile. The county attorney shall have a copy of the petition served upon the owner of the firearm, if known, in person or by registered or certified mail at his or her last-known address.

NE1025 — purchase and sale

Citation: Neb. Rev. Stat. § 28-1204.01

(1) Any person who knowingly and intentionally does or attempts to sell, provide, loan, deliver, or in any other way transfer the possession of a firearm to a juvenile commits the offense of unlawful transfer of a firearm to a juvenile. The county attorney shall have a copy of the petition served upon the owner of the firearm, if known, in person or by registered or certified mail at his or her last-known address.

NE1060 — minimum age purchase - federal

Citation: 18 U.S.C. § 922(b)(1)

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver-- (1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee...

NE1061 — minimum age purchase - federal

Citation: 32 U.S.C. § 922(x)(1),(5)

(x)(1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile-- (A) a handgun; or (B) ammunition that is suitable for use only in a handgun. (5) For purposes of this subsection, the term “juvenile” means a person who is less than 18 years of age.

NE1062 — minimum age possession - federal

Citation: 43 U.S.C. § 922(b)(1)(c)(1)

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver-- (1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee...

NE1012 — purchase and sale

Citation: Neb. Rev. Stat. § 69-2404

An applicant shall receive a certificate if he or she is twenty-one years of age or older and is not prohibited from purchasing or possessing a handgun by 18 U.S.C. 922.

NE1010 — youth possession

Citation: Neb. Rev. Stat. § 28-1204

(1) Any person under the age of eighteen years who possesses a handgun commits the offense of unlawful possession of a handgun.

NE1027 — maximum waiting period

Citation: Neb. Rev. Stat. § 69-2405

The chief of police or sheriff shall be permitted up to three days in which to conduct an investigation to determine whether the applicant is prohibited by law from purchasing or possessing a handgun. If the certificate or denial is mailed to the applicant, it shall be mailed to the applicant's address by first-class mail within the three-day period.

NE1009 — maximum waiting period

Citation: Neb. Rev. Stat. § 69-2405

2405. Upon the receipt of an application for a certificate, the chief of police or sheriff shall issue a certificate or deny a certificate and furnish the applicant the specific reasons for the denial in writing. The chief of police or sheriff shall be permitted up to two days in which to conduct an investigation to determine whether the applicant is prohibited by law from purchasing or possessing a handgun.

NE1020 — required

Citation: Neb. Rev. Stat. Ann. §§ 69-2403, 69-2404, 2407

69-2403 Except as provided in this section and section 69-2409 , a person shall not purchase, lease, rent, or receive transfer of a handgun until he or she has obtained a certificate in accordance with section 69-2404. 69-2404 Any person desiring to purchase, lease, rent, or receive transfer of a handgun shall apply with the chief of police or sheriff of the applicant's place of residence for a certificate.

NE1029 — dvro ex parte : expanded

Citation: Neb. Rev. Stat. §§ 42-924(1)(g), 42-925; recodified to §§ 26-103, 109

§ 42-924(1)(g) Any victim of domestic abuse may file a petition and affidavit for a protection order as provided in subsections (2) and (3) of this section.

NE1054 — Waiting Periods: De facto (permit required)

Citation: Neb. Rev. Stat. Ann. §§ 69-2403, 69-2404, 2407

69-2403 Except as provided in this section and section 69-2409 , a person shall not purchase, lease, rent, or receive transfer of a handgun until he or she has obtained a certificate in accordance with section 69-2404. 69-2404 Any person desiring to purchase, lease, rent, or receive transfer of a handgun shall apply with the chief of police or sheriff of the applicant's place of residence for a certificate.

NV1001 — private sales : point of sale

Citation: Nev. Rev. Stat. Ann. § 202. Sec 5.

Except as otherwise provided in section 6 of this act, an unlicensed person shall not sell or transfer a firearm to another unlicensed person unless a licensed dealer first conducts a background check on the buyer or transferee in compliance with this section.

NV1019 — private sales : point of sale

Citation: Nev. Rev. Stat. Ann. § 202.254

An unlicensed person shall not sell or transfer a firearm to another unlicensed person unless a licensed dealer first conducts a background check on the buyer or transferee in compliance with this section.

NV1058 — private sales : point of sale

Citation: Nev. Rev. Stat. Ann. § 202.254

1. Except as otherwise provided in NRS 202.2541, an unlicensed person shall not sell or transfer a firearm to another unlicensed person unless a licensed dealer first conducts a background check on the buyer or transferee in compliance with this section. 2.

NV1057 — private sales : point of sale

Citation: Nev. Rev. Stat. Ann. § 202.254

1. A private person who wishes to transfer a firearm to another person may, before transferring the firearm, request that the Central Repository for Nevada Records of Criminal History perform a background check on the person who wishes to acquire the firearm. 2.

NV1035 — sales from dealer : federal

Citation: 18 U.S.C.A. § 922(t)(1)

Beginning on the date that is 30 days after the Attorney General notifies licensees under section 103(d) of the Brady Handgun Violence Prevention Act that the national instant criminal background check system is established, a licensed importer, licensed manufacturer, or licensed dealer shall not transfer a firearm to any other person who is not licensed under this chapter, unless- (A) before the completion of the...

NV1056 — private sales : point of sale

Citation: Nev. Rev. Stat. Ann. § 202.254

1. A private person who wishes to transfer a firearm to another person may, before transferring the firearm, request that the Central Repository for Nevada Records of Criminal History perform a background check on the person who wishes to acquire the firearm. 2.

NV1034 — sales from dealer : federal

Citation: 18 U.S.C.A. § 922(t)

Beginning on the date that is 90 days after the date of enactment of this subsection and ending on the day before the date that is 60 months after such date of enactment, it shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer a handgun to an individual who is not licensed under section 923, unless- (A) after the most recent proposal of such transfer by...

NV1005 — shall issue

Citation: Nev. Rev. Stat. Ann. § 202.366

1. Upon receipt by a sheriff of an application for a permit, including an application for the renewal of a permit pursuant to NRS 202.3677, the sheriff shall conduct an investigation of the applicant to determine if the applicant is eligible for a permit.

NV1004 — may issue

Citation: Nev. Rev. Stat. Ann. § 202.350.4

The sheriff of any county may, upon written application by a resident of that county showing the reason or the purpose for which a concealed weapon is to be carried, issue a permit authorizing the applicant to carry in this state the concealed weapon described in the permit, except that no permit may be granted to any person to carry a switchblade knife.

NV1007 — stand your ground

Citation: Nev. Rev. Stat. Ann. § 200.120(2)

A person is not required to retreat before using deadly force as provided in subsection 1 if the person: (a) Is not the original aggressor; (b) Has a right to be present at the location where deadly force is used; and (c) Is not actively engaged in conduct in furtherance of criminal activity at the time deadly force is used.

NV1006 — traditional

Citation: Nev. Rev. Stat. Ann. § 200.120(2) (1911)

Justifiable homicide is the killing of a human being in necessary self-defense, or in defense of habitation, property or person, against one who manifestly intends, or endeavors, by violence or surprise, to commit a felony, or against any person or persons who manifestly intend and endeavor, in a violent, riotous, tumultuous or surreptitious manner, to enter the habitation of another for the purpose of assaulting or...

NV1040 — traditional

Common law castle doctrine. Common law castle doctrine was solidified in the United States throughout the 19th century. “By the beginning of the twentieth century it was well accepted in the United States that a man attacked in his own home had no duty to retreat before using deadly force, so long as he reasonably believed it necessary to save his own life.” Indeed, by the 1920s, sources note that the castle...

NV1009 — negligent storage

Citation: Nev. Rev. Stat. Ann. § 202.300

1. A minor under the age of 14 years shall not handle or have in his possession or under his control, except while accompanied by or under the immediate charge of an adult person, any firearm of any kind for hunting or target practice or for other purposes. 2.

NV1059 — authorized

Citation: Nev. Rev. Stat. §§ 33.031

1. A court may include in an extended order issued pursuant to NRS 33.030: (a) A requirement that the adverse party surrender, sell or transfer any firearm in the adverse party's possession or under the adverse party's custody or control in the manner set forth in NRS 33.033; and (b) A statement that, unless the provisions of subsection 3 apply, the adverse party is prohibited from possessing or having under the...

NV1060 — assault weapons ban - Federal

Citation: Pub. L. 103-322 Sec. 110102

This subtitle may be cited as the “Public Safety and Recreational Firearms Use Protection Act”. SEC. 110102. RESTRICTION ON MANUFACTURE, TRANSFER, AND POSSESSION OF CERTAIN SEMIAUTOMATIC ASSAULT WEAPONS.

NV1062 — ban on high capacity magazines - federal

Citation: Pub. L. 103-322 Sec. 110103

SEC. 110103. BAN OF LARGE CAPACITY AMMUNITION FEEDING DEVICES. << 18 USCA § 922 >> (a) PROHIBITION.-Section 922 of title 18, United States Code, as amended by section 110102(a), is amended by adding at the end the following new subsection: “(w)(1) Except as provided in paragraph (2), it shall be unlawful for a person to transfer or possess a large capacity ammunition feeding device.