Section 272-22-007 - PERSONS WITH FIREARM DISABILITIES007.01 A certificate application will be denied if federal, state, or local laws prohibits the applicant from purchasing or possessing a handgun. The following subsections of Section 07 are a nonexclusive list of firearm disabilities that prevent persons from purchasing or possessing handguns. 007.01A Persons convicted of a crime classified as a felony or a crime punishable by imprisonment for a term exceeding one year, whether or not imposed, per 18 U.S.C. § 922(g)(1).007.01B Persons convicted of a misdemeanor punishable by imprisonment for a term exceeding two years, whether or not imposed, per 18 U.S.C. § 922(g)(1).007.01C Persons who are fugitives from justice, pursuant to 18 U.S.C. § 922(g)(2), as defined by 18 U.S.C. § 921(15), or Neb. Rev. Stat. § 28-1206, as defined by Neb. Rev. Stat. § 28-1201.007.01D Persons who are unlawful users of or addicted to any controlled substance pursuant to 18 U.S.C. § 922(g)(3). "Unlawful user of or addicted to any controlled substance" is defined in 27 C.F.R. § 478.11.007.01E Persons who have been adjudicated as mental defectives or have been committed to any mental institution, as described in 18 U.S.C. § 922(g)(4). "Adjudicated as a mental defective", "committed to a mental institution", and "mental institution" are defined by 27 C.F.R. § 478.11.007.01F Persons who are aliens and are illegally or unlawfully in the United States, as defined by 18 U.S.C. § 922(g)(5). "Alien" and "alien illegally or unlawfully in the United States" are defined in 27 C.F.R. § 478.11.007.01G Persons who have been discharged from the U.S. Armed Forces under a dishonorable discharge conditions, pursuant to 18 U.S.C. § 922(g)(6). This does not include a "bad conduct" discharge or "other than honorable" discharge from the U.S. Armed Forces.007.01H Persons who, having been citizens of the United States, have renounced their U.S. Citizenship, as set out in 18 U.S.C. § 922(g)(7). All renounced citizenship information is provided by the Department of State and is found in the NICS Indices.007.01I Persons convicted in any federal, state, or tribal court of a misdemeanor crime of domestic violence as set out in 18 U.S.C. § 922(g)(9). A misdemeanor crime of domestic violence means a conviction pursuant to 18 U.S.C. § 921(a)(33).007.01J Persons subject to a court order that restrains them from harassing, stalking, or threatening an intimate partner, as defined by 18 U.S.C. § 921(a)(32), or a child of such intimate partner, or from engaging in other conduct that would place the partner or child in reasonable fear of bodily injury pursuant to 18 U.S.C. § 922(g)(8). This firearm disability only applies to a court order that: (1) was issued after a hearing of which such person received actual notice, and at which such person had the opportunity to participate; and(2) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or(3) by its terms explicitly prohibits the use, attempted use or threatened us of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury.007.01K Persons who are under indictment or information in any court of a crime punishable by imprisonment for a term exceeding one year, as prohibited by 18 U.S.C. § 922(n), or any state offense classified by the laws of the state as misdemeanor and punishable by imprisonment for a term exceeding two years. "Indictment" is defined by 27 C.F.R. § 478.11.007.01L Persons who are prohibited by Neb. Rev. Stat. § 28-1206 or Neb. Rev. Stat. § 28-1204.05 from possessing a firearm.007.01M Persons prohibited from purchasing or possessing a handgun by city or village ordinance.07.02 A certificate will not be denied to a person who has been granted lawful relief from a firearm disability. 272 Neb. Admin. Code, ch. 22, § 007
Amended effective 3/21/2022