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LEGISLATURE OF NEBRASKA
ONE HUNDRED NINTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 957

Introduced by Cavanaugh, J., 9.
Read first time January 12, 2026
Committee: Judiciary
A BILL FOR AN ACT relating to firearms; to amend section 28-1204.02,1
Reissue Revised Statutes of Nebraska, sections 28-1201 and 28-1351,2
Revised Statutes Cumulative Supplement, 2024, and section 28-101,3
Revised Statutes Supplement, 2025; to provide a cause of action4
against certain adults for allowing a minor to possess a handgun; to5
provide for an offense of leaving a loaded firearm in an unsecured6
location accessible to a minor; to define terms; to harmonize7
provisions; and to repeal the original sections.8
Be it enacted by the people of the State of Nebraska,9
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Section 1. (1) For purposes of this section: 1
(a) Child means an individual under fourteen years of age; and2
(b) Handgun has the same meaning as in section 28-1201.3
(2) A parent or guardian of a child, or a spouse of such a parent or4
guardian, who knowingly allows a child to possess a handgun or handgun5
ammunition, except as permitted in subsection (2) of section 28-1204,6
shall be strictly liable to an injured party for all damages resulting7
from the use or possession of such handgun or ammunition.8
Sec. 2. Section 28-101, Revised Statutes Supplement, 2025, is9
amended to read: 10
28-101 Sections 28-101 to 28-1357, 28-1601 to 28-1603, and 28-170111
and section 5 of this act shall be known and may be cited as the Nebraska12
Criminal Code. 13
Sec. 3. Section 28-1201, Revised Statutes Cumulative Supplement,14
2024, is amended to read: 15
28-1201 For purposes of sections 28-1201 to 28-1212.04 and section 516
of this act, unless the context otherwise requires:17
(1) Case means (a) a hard-sided or soft-sided box, container, or18
receptacle intended or designed for the primary purpose of storing or19
transporting a firearm or (b) the firearm manufacturer's original20
packaging; 21
(2) Concealed handgun means a handgun that is entirely obscured from22
view. If any part of the handgun is capable of being seen or observed by23
another person, it is not a concealed handgun; 24
(3) Firearm means any weapon which is designed to or may readily be25
converted to expel any projectile by the action of an explosive or frame26
or receiver of any such weapon; 27
(4) Fugitive from justice means any person who has fled or is28
fleeing from any peace officer to avoid prosecution or incarceration for29
a felony; 30
(5) Handgun means any firearm with a barrel less than sixteen inches31
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in length or any firearm designed to be held and fired by the use of a1
single hand; 2
(6) Home school means a school which: (a) Elects pursuant to section3
79-1601 not to meet accreditation or approval requirements; and (b) is4
located in a personal residence; 5
(7) Juvenile means any person under the age of eighteen years;6
(8) Knife means: 7
(a) Any dagger, dirk, knife, or stiletto with a blade over three and8
one-half inches in length and which, in the manner it is used or intended9
to be used, is capable of producing death or serious bodily injury; or10
(b) Any other dangerous instrument which is capable of inflicting11
cutting, stabbing, or tearing wounds and which, in the manner it is used12
or intended to be used, is capable of producing death or serious bodily13
injury; 14
(9) Knuckles and brass or iron knuckles means any instrument that15
consists of finger rings or guards made of a hard substance and that is16
designed, made, or adapted for the purpose of inflicting serious bodily17
injury or death by striking a person with a fist enclosed in the18
knuckles; 19
(10) Machine gun means any firearm, whatever its size and usual20
designation, that shoots automatically more than one shot, without manual21
reloading, by a single function of the trigger; 22
(11)(a) Minor means a person who is under twenty-one years of age.23
(b) Minor does not include a person who is eighteen years of age or24
older if the person is (i) a member of the armed forces of the United25
States, active or reserve, National Guard of this state, or Reserve26
Officers' Training Corps or (ii) a peace officer or other duly authorized27
law enforcement officer; 28
(12)(a) Prohibited person means: 29
(i) A person prohibited from possessing a firearm or ammunition by30
state law, including, but not limited to, section 28-1206; or31
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(ii) A person prohibited from possessing a firearm or ammunition by1
18 U.S.C. 922(d) or (g), as such section existed on January 1, 2023.2
(b) This definition does not apply to the use of the term prohibited3
person in section 28-1206; 4
(13) Qualified law enforcement officer and qualified retired law5
enforcement officer have the same meanings as in 18 U.S.C. 926B and 926C,6
respectively, as such sections existed on January 1, 2023;7
(14)(a) School means a public, private, denominational, or parochial8
elementary, vocational, or secondary school, a private postsecondary9
career school as defined in section 85-1603, a community college, a10
public or private college, a junior college, or a university.11
(b) School does not include a home school; 12
(15) Short rifle means a rifle having a barrel less than sixteen13
inches long or an overall length of less than twenty-six inches; and14
(16) Short shotgun means a shotgun having a barrel or barrels less15
than eighteen inches long or an overall length of less than twenty-six16
inches. 17
Sec. 4. Section 28-1204.02, Reissue Revised Statutes of Nebraska, is18
amended to read: 19
28-1204.02 Any firearm in the possession of a person in violation of20
section 28-1204 or 28-1204.01 or section 5 of this act shall be21
confiscated by a peace officer or other authorized law enforcement22
officer. Such firearm shall be held by the agency employing such officer23
until it no longer is required as evidence. 24
Sec. 5. (1) A person commits an offense if: 25
(a) Such person stores or leaves a loaded firearm which is not (i)26
secured by a trigger lock mechanism, (ii) placed in a securely locked box27
or container, or (iii) placed in some other location which a reasonable28
person would believe to be secure from a minor under the age of fourteen29
years; 30
(b) Such person knows or has reason to believe that a minor under31
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the age of fourteen years is likely to gain access to the firearm without1
the permission of the minor's parent or guardian; 2
(c) The minor gains access to the firearm without the consent of the3
minor's parent or guardian; and 4
(d) The minor exhibits the firearm in a public place or uses the5
firearm to cause bodily injury or death to a person.6
(2) This section does not apply if: 7
(a) The minor obtains the firearm as a result of an unlawful entry8
by any person; or 9
(b) If the minor's possession or use of the firearm is justified10
under sections 28-1406 to 28-1416. 11
(3) A violation of this subsection is a Class I misdemeanor.12
Sec. 6. Section 28-1351, Revised Statutes Cumulative Supplement,13
2024, is amended to read: 14
28-1351 (1) A person commits the offense of unlawful membership15
recruitment into an organization or association when he or she knowingly16
and intentionally coerces, intimidates, threatens, or inflicts bodily17
harm upon another person in order to entice that other person to join or18
prevent that other person from leaving any organization, group,19
enterprise, or association whose members, individually or collectively,20
engage in or have engaged in any of the following criminal acts for the21
benefit of, at the direction of, or on behalf of the organization, group,22
enterprise, or association or any of its members: 23
(a) Robbery under section 28-324; 24
(b) Arson in the first, second, or third degree under section25
28-502, 28-503, or 28-504, respectively; 26
(c) Burglary under section 28-507; 27
(d) Murder in the first degree, murder in the second degree, or28
manslaughter under section 28-303, 28-304, or 28-305, respectively;29
(e) Violations of the Uniform Controlled Substances Act that involve30
possession with intent to deliver, distribution, delivery, or manufacture31
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of a controlled substance; 1
(f) Unlawful use, possession, or discharge of a firearm or other2
deadly weapon under sections 28-1201 to 28-1212.04 and section 5 of this3
act; 4
(g) Assault in the first degree or assault in the second degree5
under section 28-308 or 28-309, respectively; 6
(h) Assault on an officer, an emergency responder, a state7
correctional employee, a Department of Health and Human Services8
employee, or a health care professional in the first, second, or third9
degree under section 28-929, 28-930, or 28-931, respectively, or assault10
on an officer, an emergency responder, a state correctional employee, a11
Department of Health and Human Services employee, or a health care12
professional using a motor vehicle under section 28-931.01;13
(i) Theft by unlawful taking or disposition under section 28-511;14
(j) Theft by receiving stolen property under section 28-517;15
(k) Theft by deception under section 28-512; 16
(l) Theft by extortion under section 28-513; 17
(m) Kidnapping under section 28-313; 18
(n) Any forgery offense under sections 28-602 to 28-605;19
(o) Criminal impersonation under section 28-638;20
(p) Tampering with a publicly exhibited contest under section21
28-614; 22
(q) Unauthorized use of a financial transaction device or criminal23
possession of a financial transaction device under section 28-620 or24
28-621, respectively; 25
(r) Pandering under section 28-802; 26
(s) Bribery, bribery of a witness, or bribery of a juror under27
section 28-917, 28-918, or 28-920, respectively; 28
(t) Tampering with a witness or an informant or jury tampering under29
section 28-919; 30
(u) Unauthorized application of graffiti under section 28-524;31
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(v) Dogfighting, cockfighting, bearbaiting, or pitting an animal1
against another under section 28-1005; or 2
(w) Promoting gambling in the first degree under section 28-1102.3
(2) Unlawful membership recruitment into an organization or4
association is a Class IV felony. 5
Sec. 7. Original section 28-1204.02, Reissue Revised Statutes of6
Nebraska, sections 28-1201 and 28-1351, Revised Statutes Cumulative7
Supplement, 2024, and section 28-101, Revised Statutes Supplement, 2025,8
are repealed. 9
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