Criminal Justice (Firearms)

LB 1088 (Nebraska, 2026) requires individuals convicted of misdemeanor domestic violence crimes or subject to domestic abuse protection orders to surrender all firearms and ammunition within 48 hours. This applies to people ordered to comply by a court during sentencing for domestic violence, when issuing a protection order, or for violating such orders. The law mandates surrender to a law enforcement officer or designated person, with firearms stored securely and returned after the order period (up to 7 years for convictions). Violating this requirement is a Class I misdemeanor, and courts must notify individuals of their obligations and federal firearm restrictions.

This bill creates two key provisions to enhance firearm safety around minors in Nebraska. First, it establishes a civil cause of action against parents, guardians, or spouses who knowingly allow a child under 14 to possess a handgun or ammunition, making them strictly liable for all damages if the minor causes injury. Second, it creates a new criminal offense for leaving a loaded firearm in an unsecured location accessible to a minor. The bill amends existing statutes to define "child" (under 14) and "handgun," and clarifies that these provisions apply to handguns only - not other firearms. It directly affects adults responsible for minors' safety, imposing legal consequences for negligent firearm access.

Nebraska's LB 395 would have changed rules for juveniles (under age 25) previously found guilty of certain felonies or domestic violence misdemeanors, who are currently banned from possessing firearms. It created a process allowing these individuals to petition a court for exemption from the firearm ban once they turn 19 (to juvenile court) or 25 (to district court), considering their behavior and future crime risk. The bill also clarified that sealing a juvenile's criminal record (through court order) does not remove the firearm ban, and the sealed record would still indicate the underlying offense. However, the bill was amended into another measure (LB530) on June 6, 2025, and did not become law.

Nebraska's LB 539 would eliminate the requirement for most individuals to obtain a certificate before purchasing a handgun, removing a key provision from current law. The bill preserves exceptions for licensed dealers, antique firearms, law enforcement, family transfers, and permit holders, but removes the certificate mandate for all other handgun purchases. It also modifies background check procedures by restricting the information shared with the National Instant Criminal Background Check System to only disqualifying factors, while keeping requirements for mental health and disability reporting. The bill is currently pending in the Judiciary Committee and has not yet become law.