Nebraska § 28-1203 - Transportation or possession of machine guns, short rifles, or short shotguns; penalty; exception.
Full text of Nebraska Revised Statutes of Nebraska § 28-1203 — Transportation or possession of machine guns, short rifles, or short shotguns; penalty; exception., with citation guidance and answers to common questions.
§ 28-1203. Transportation or possession of machine guns, short rifles, or short shotguns; penalty; exception.
(1) Any person or persons who shall transport or possess any machine gun, short rifle, or short shotgun commits a Class IV felony.
(2) The provisions of this section shall not be held to prohibit any act by peace officers, members of the United States armed services, or members of the National Guard of this state, in the lawful discharge of their duties, or persons qualified under the provisions of federal law relating to the short rifle, short shotgun, or machine gun.
Under subsection (1) of this section, the possessory standard for controlled substances (i.e., a defendant possesses a controlled substance when the defendant knows of the nature or character of the substance and its presence and has dominion or control over the substance) is equally applicable to possession of a firearm. State v. Jasper, 237 Neb. 754, 467 N.W.2d 855 (1991).
Subsection (1) of this section is not vitiated by the "Right to Bear Arms" amendment of 1988, is a valid exercise of the State's police power in reasonable regulation of certain firearms, and does not contravene Neb. Const. art. I, sec. 1. State v. LaChapelle, 234 Neb. 458, 451 N.W.2d 689 (1990).
The requirement of "possession" for purposes of subsection (1) of this section may be satisfied by actual or constructive possession of any of the items named in subsection (1). State v. Frieze, 3 Neb. App. 263, 525 N.W.2d 646 (1994).
Source: official Nebraska text · Last verified 2026-08-27
Frequently Asked Questions About Nebraska § 28-1203
What does Revised Statutes of Nebraska § 28-1203 cover?
Section 28-1203 ("Transportation or possession of machine guns, short rifles, or short shotguns; penalty; exception.") is part of the Revised Statutes of Nebraska, the codified statutory law of Nebraska. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Nebraska § 28-1203?
A common citation format is "Revised Statutes of Nebraska § 28-1203" (Nebraska). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Nebraska law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Nebraska official source linked on this page or consult a licensed Nebraska attorney.
How does Nebraska § 28-1203 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Nebraska can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Nebraska.