Read the full stored bill text
LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1088
Introduced by Raybould, 28.
Read first time January 15, 2026
Committee: Judiciary
A BILL FOR AN ACT relating to firearms; to amend sections 26-101, 26-106,1
26-112, 26-115, 26-116, 26-118, and 26-121, Revised Statutes2
Supplement, 2025; to require persons convicted of misdemeanor crimes3
of domestic violence or subject to domestic abuse protection orders4
to surrender firearms and ammunition as prescribed; to provide a5
penalty; to define terms; to provide duties for courts, the State6
Court Administrator, county attorneys, law enforcement agencies,7
jails, and prisons; to provide requirements and procedures in the8
Protection Orders Act for similar enforcement of foreign domestic9
abuse protection orders; to harmonize provisions; and to repeal the10
original sections. 11
Be it enacted by the people of the State of Nebraska,12
LB1088
2026
LB1088
2026
-1-
Section 1. (1) For purposes of this section: 1
(a) Firearm has the same meaning as in section 28-1201;2
(b) Misdemeanor crime of domestic violence has the same meaning as3
in section 28-1206; 4
(c) Qualified third party means: 5
(i) A county sheriff, police officer, or member of the Nebraska6
State Patrol; 7
(ii) A firearm dealer licensed pursuant to 18 U.S.C. 923; or8
(iii) Any other responsible adult named by a court in an order under9
this section; and 10
(d) Respondent means the person subject to an order under this11
section. 12
(2) A court shall enter an order requiring a person to surrender all13
firearms and ammunition in his or her possession when:14
(a) Issuing a domestic abuse protection order as provided in section15
26-115; 16
(b) Sentencing a defendant to a misdemeanor crime of domestic17
violence as provided in section 10 of this act; 18
(c) Sentencing a defendant for a misdemeanor violation of a domestic19
abuse protection order or foreign domestic abuse protection order as20
provided in section 26-118; or 21
(d) Issuing an order relating to a foreign domestic abuse protection22
order as provided in section 9 of this act. 23
(3) An order under this section shall: 24
(a) Require the respondent, within the deadline required by25
subsection (4) of this section, to: 26
(i) Surrender all firearms or ammunition in the respondent's27
possession in this state to a qualified third party; and28
(ii) Complete the affidavit under subsection (6) of this section and29
deliver it to the sheriff, county attorney, the designee of the sheriff30
or county attorney, or any person named by the court in the order;31
LB1088
2026
LB1088
2026
-2-
(b) Order the respondent not to possess any firearms or ammunition1
for the period of time provided in subsection (5) of this section;2
(c) Notify the respondent that the respondent may be responsible for3
paying any costs of storing such firearms or ammunition;4
(d) Notify the respondent that following the expiration of the5
period of time provided for in subsection (5) of this section, the6
respondent may reclaim possession of such firearms or ammunition, unless7
otherwise prohibited by law from possessing such firearms or ammunition8
at that time; and 9
(e) Notify the respondent of the penalty for violating this section10
or section 28-1206. 11
(4)(a) Except as provided in subdivision (4)(b) of this section, the12
respondent shall surrender all firearms and ammunition in the13
respondent's possession in this state to a qualified third party and14
complete and return the affidavit under subsection (6) of this section15
within forty-eight hours after receipt of the order under subsection (3)16
of this section. 17
(b) For a respondent who is convicted of a misdemeanor crime of18
domestic violence and sentenced to a period of incarceration, the19
deadline in this subsection shall be forty-eight hours after release from20
incarceration, unless an earlier period is agreed to in writing by the21
respondent and the court, in which case a responsible person designated22
by the incarcerated respondent may surrender the respondent's firearms23
and ammunition and complete the affidavit on the respondent's behalf.24
(5) An order issued under this section shall remain in effect:25
(a) For an order arising from any protection order, so long as such26
protection order is in effect, including any renewals; and27
(b) For an order arising from a conviction for a misdemeanor crime28
of domestic violence, for a period of seven years following such29
conviction. 30
(6) The State Court Administrator shall develop a standard affidavit31
LB1088
2026
LB1088
2026
-3-
form for use under this section. The administrator shall develop such1
form in consultation with advocacy groups dedicated to ending sexual and2
domestic violence. The administrator shall make the form available on a3
judicial branch website accessible to the public. 4
(7) Prior to release from incarceration for a misdemeanor crime of5
domestic violence, a county jail or prison shall provide a respondent6
with written notice of his or her obligations under this section.7
(8) Upon issuance of an order under this section, the court shall8
transmit a copy of such order to the sheriff and any other local law9
enforcement agency in the county where the respondent resides and to the10
Federal Bureau of Investigation's National Instant Criminal Background11
Check System. 12
(9) A law enforcement agency that takes possession of firearms or13
ammunition under this section shall: 14
(a) Maintain such firearms and ammunition in a secure location;15
(b) Develop procedures for returning such firearms and ammunition to16
a respondent following expiration of the period described in subsection17
(5) of this section; and 18
(c) Verify that a respondent may lawfully possess any such firearms19
or ammunition before returning them to the respondent.20
(10) A respondent who fails to comply with an order issued under21
this section shall be guilty of a Class I misdemeanor.22
Sec. 2. Section 26-101, Revised Statutes Supplement, 2025, is23
amended to read: 24
26-101 Sections 26-101 to 26-125 and section 9 of this act shall be25
known and may be cited as the Protection Orders Act.26
Sec. 3. Section 26-106, Revised Statutes Supplement, 2025, is27
amended to read: 28
26-106 (1) A petition for a protection order or for an order under29
section 9 of this act shall be filed with the clerk of the district30
court, and the proceeding may be heard by the county court or the31
LB1088
2026
LB1088
2026
-4-
district court as provided in section 25-2740. 1
(2) A petition for a protection order may not be withdrawn except2
upon order of the court. 3
Sec. 4. Section 26-112, Revised Statutes Supplement, 2025, is4
amended to read: 5
26-112 During any hearing on a protection order or under section 96
of this act, the petition and affidavit shall be deemed to have been7
offered into evidence, and they shall be admitted into evidence unless8
specifically excluded by the court. 9
Sec. 5. Section 26-115, Revised Statutes Supplement, 2025, is10
amended to read: 11
26-115 Upon issuance of any domestic abuse protection order, the12
court shall: 13
(1) Cause cause the notice created under section 29-2291 to be14
served upon the respondent notifying the respondent that it may be15
unlawful under federal law for a person who is subject to a domestic16
abuse protection order to possess or receive any firearm or ammunition ;17
and . 18
(2) Issue an order requiring the defendant to surrender all firearms19
and ammunition as required by section 1 of this act.20
Sec. 6. Section 26-116, Revised Statutes Supplement, 2025, is21
amended to read: 22
26-116 (1) Fees to cover costs associated with the filing of a23
petition for a protection order, the filing of a petition under section 924
of this act, or the issuance or service of a protection order seeking25
only the relief provided by the Protection Orders Act shall not be26
charged, except that a court may assess such fees and costs if the court27
finds, by clear and convincing evidence, that the statements contained in28
the petition were false and that the protection order was sought in bad29
faith. 30
(2) At the final hearing, a court may assess costs associated with31
LB1088
2026
LB1088
2026
-5-
the filing of a petition for a protection order or the issuance or1
service of a protection order seeking only the relief provided by the2
Protection Orders Act against the respondent. 3
Sec. 7. Section 26-118, Revised Statutes Supplement, 2025, is4
amended to read: 5
26-118 (1) Any person, except the petitioner, who knowingly violates6
a protection order issued pursuant to the Protection Orders Act, after7
service or notice as described in subsection (4) of section 26-114, or a8
valid foreign protection order recognized pursuant to section 26-123 or9
26-124, shall be guilty of an offense and punished as provided in this10
section. 11
(2)(a) (2) For a violation involving a domestic abuse protection12
order, a sexual assault protection order, a valid foreign domestic abuse13
protection order recognized pursuant to section 26-123, or a valid14
foreign sexual assault protection order recognized pursuant to section15
26-124, a violation of this section is a Class I misdemeanor for a first16
offense and a Class IV felony for any second or subsequent offense.17
(b) When sentencing a defendant for a misdemeanor violation of this18
subsection involving a domestic abuse protection order or a foreign19
domestic abuse protection order, the court shall enter an order requiring20
the defendant to surrender all firearms and ammunition as required by21
section 1 of this act. 22
(3) For a violation of a harassment protection order or a valid23
foreign harassment protection order recognized pursuant to section24
26-124, a violation of this section is a Class II misdemeanor for a first25
offense and a Class I misdemeanor for any second or subsequent offense.26
Sec. 8. Section 26-121, Revised Statutes Supplement, 2025, is27
amended to read: 28
26-121 (1) The clerk of the district court shall make available29
standard petition and affidavit forms for all types of protection orders30
provided by law and petition and affidavit forms for proceedings under31
LB1088
2026
LB1088
2026
-6-
section 9 of this act. Such petitions and affidavit forms shall include1
with instructions for completion to be used by a petitioner.2
(2) Affidavit forms for protection orders shall request all relevant3
information, including, but not limited to: A description of the most4
recent incident that was the basis for the application for a protection5
order and the date or approximate date of the incident and, if there was6
more than one incident, the most severe incident and the date or7
approximate date of such incident. The affidavit form shall permit the8
petitioner to request that any contact information of the petitioner be9
kept confidential. If the petitioner makes such request, such information10
shall not be released and shall only be available for the court's use.11
(3) The State Court Administrator shall adopt and promulgate the12
standard petition and affidavit forms provided for in this section as13
well as the standard temporary ex parte and final protection order forms14
and provide a copy of such forms to all clerks of the district courts in15
this state. These standard forms shall be the only such forms used in16
this state. 17
Sec. 9. (1) For purposes of this section: 18
(a) Foreign domestic abuse protection order means a valid foreign19
domestic abuse protection order recognized pursuant to section 26-123;20
and 21
(b) Foreign respondent means a person subject to a foreign domestic22
abuse protection order. 23
(2) An individual in Nebraska who is protected by a foreign domestic24
abuse protection order, a peace officer, or a county attorney may file a25
petition and affidavit with the clerk of the district court requesting26
the court to enter an order requiring a foreign respondent to surrender27
any firearms or ammunition in the foreign respondent's possession in this28
state. 29
(3) The court shall immediately schedule an evidentiary hearing to30
be held within fourteen days after the filing of the petition, and the31
LB1088
2026
LB1088
2026
-7-
court shall cause notice of the petition to be given to the foreign1
respondent stating that the respondent may show cause why such order2
should not be entered. 3
(4) The court shall grant the petition if the court finds that:4
(a) The foreign respondent is subject to a foreign domestic abuse5
protection order; 6
(b) An individual protected by such order is in Nebraska; and7
(c) The foreign respondent is in Nebraska. 8
(5) If the court grants a petition under this section, the court9
shall: 10
(a) Provide the foreign respondent with the written notice required11
by section 1 of this act; and 12
(b) Issue an order requiring the foreign respondent to surrender all13
firearms and ammunition possessed in Nebraska as required by section 1 of14
this act. 15
Sec. 10. When sentencing a person convicted of a misdemeanor crime16
of domestic violence as defined in section 28-1206, the court shall issue17
an order requiring the defendant to surrender all firearms and ammunition18
as required by section 1 of this act. 19
Sec. 11. Original sections 26-101, 26-106, 26-112, 26-115, 26-116,20
26-118, and 26-121, Revised Statutes Supplement, 2025, are repealed.21
LB1088
2026
LB1088
2026
-8-