28-1204.04 Unlawful possession of a firearm at a school; penalty; exceptions; confiscation of certain firearms; disposition. - Nebraska Statutes

28-1204.04. Unlawful possessionof a firearm at a school; penalty; exceptions; confiscationof certain firearms; disposition.(1) Any personwho possesses a firearm in a school, on school grounds, in a school-ownedvehicle, or at a school-sponsored activity or athletic event is guiltyof the offense of unlawful possession of a firearm ata school. Unlawful possessionof a firearm at a school is a Class IV felony. This subsection shall not apply to(a) the issuance of firearms to or possession by members of the armed forcesof the United States, active or reserve, National Guard of this state, orReserve Officers Training Corps or peace officers or other duly authorizedlaw enforcement officers when on duty or training, (b) firearms which maylawfully be possessed by the person receiving instruction, for instructionunder the immediate supervision of an adult instructor, (c)firearms which may lawfully be possessed by a member of a college or universityrifle team, within the scope of such person's duties as a member of the team,(d) firearms which may lawfully be possessed by a person employed by a collegeor university in this state as part of an agriculture or a natural resourcesprogram of such college or university, within the scope of such person's employment,(e) firearms contained within a private vehicle operated by anonstudent adult which are not loaded and (i) are encased or (ii) are in alocked firearm rack that is on a motor vehicle, or (f) a handgun carried as a concealed handgun by a validholder of a permit issued under the Concealed Handgun Permit Act in a vehicleor on his or her person while riding in or on a vehicle into or onto any parkingarea, which is open to the public and used by a school if, prior to exitingthe vehicle, the handgun is locked inside the glove box, trunk, or other compartmentof the vehicle, a storage box securely attached to the vehicle, or, if thevehicle is a motorcycle, a hardened compartment securely attached to the motorcyclewhile the vehicle is in or on such parking area, except as prohibited by federallaw. For purposes of this subsection, encased means enclosedin a case that is expressly made for the purpose of containing a firearm andthat is completely zipped, snapped, buckled, tied, or otherwise fastened withno part of the firearm exposed.(2) Any firearm possessed in violation of subsection (1) ofthis section shall be confiscated without warrant by a peaceofficer or may be confiscated without warrant by school administrative orteaching personnel. Any firearm confiscated by school administrative or teachingpersonnel shall be delivered to a peace officer as soon as practicable.(3) Any firearm confiscated by or given to a peace officerpursuant to subsection (2) of this section shall be declared a common nuisanceand shall be held by the peace officer prior to his or her delivery of thefirearm to the property division of the law enforcement agency which employsthe peace officer. The property division of such law enforcement agency shallhold such firearm for as long as the firearm is needed as evidence. Afterthe firearm is no longer needed as evidence, itshall be destroyed in such manner as the court may direct.(4) Whenever a firearm is confiscated and held pursuant tothis section or section 28-1204.02, the peace officer who received such firearmshall cause to be filed within ten days after the confiscation a petitionfor destruction of such firearm. The petition shall be filed in the districtcourt of the county in which the confiscation is made. The petition shalldescribe the firearm held, state the name of the owner, if known, allege theessential elements of the violation which caused the confiscation, and concludewith a prayer for disposition and destruction in such manner as the courtmay direct. At any time after the confiscation of the firearm and prior tocourt disposition, the owner of the firearm seized may petition the districtcourt of the county in which the confiscation was made for possession of thefirearm. The court shall release the firearm to such owner only if the claimof ownership can reasonably be shown to be true and either (a) the owner ofthe firearm can show that the firearm was taken from his or her property orplace of business unlawfully or without the knowledge and consent of the ownerand that such property or place of business is different from that of theperson from whom the firearm was confiscated or (b) the owner of the firearmis acquitted of the charge of unlawful possession of a handgun inviolation of section 28-1204, unlawful transfer of a firearm to a juvenile,or unlawful possession of a firearm at a school. Nofirearm having significant antique value or historical significance as determinedby the Nebraska State Historical Society shall be destroyed. If a firearmhas significant antique value or historical significance, it shall be soldat auction and the proceeds shallbe remitted to the State Treasurer for distribution in accordance with ArticleVII, section 5, of the Constitution of Nebraska. SourceLaws 1994, LB 988, § 6; Laws 2002, LB 82, § 8; Laws 2009, LB63, § 13; Laws 2009, LB430, § 8. Cross ReferencesConcealed Handgun Permit Act, see section 69-2427.