Nebraska § 28-1212.02 - Unlawful discharge of firearm; penalty.
Full text of Nebraska Revised Statutes of Nebraska § 28-1212.02 — Unlawful discharge of firearm; penalty., with citation guidance and answers to common questions.
§ 28-1212.02. Unlawful discharge of firearm; penalty.
Any person who unlawfully and intentionally discharges a firearm at an inhabited dwelling house, occupied building, occupied motor vehicle, occupied aircraft, inhabited motor home as defined in section 71-4603, or inhabited camper unit as defined in section 60-1801 shall be guilty of a Class ID felony.
Sufficient evidence supported the defendant's conviction of unlawful discharge of a firearm where circumstantial evidence showed that the defendant fired a gun at an occupant inside an apartment but missed. State v. Dap, 315 Neb. 466, 997 N.W.2d 363 (2023).
Attempted first degree assault is not a lesser-included offense of unlawful discharge of a firearm, and unlawful discharge of a firearm is not a lesser-included offense of attempted first degree assault. State v. McBride, 252 Neb. 866, 567 N.W.2d 136 (1997).
Prosecution for both unlawful discharge of a firearm under this section and possession of a deadly weapon by a felon under section 28-1206 does not violate the Double Jeopardy Clause. State v. McBride, 252 Neb. 866, 567 N.W.2d 136 (1997).
Prosecution for both unlawful discharge of a firearm under this section and use of a deadly weapon to commit a felony under section 28-1205 in a single proceeding does not violate the Double Jeopardy Clause. State v. McBride, 252 Neb. 866, 567 N.W.2d 136 (1997).
Source: official Nebraska text · Last verified 2026-08-27
Frequently Asked Questions About Nebraska § 28-1212.02
What does Revised Statutes of Nebraska § 28-1212.02 cover?
Section 28-1212.02 ("Unlawful discharge of firearm; penalty.") 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 § 28-1212.02?
A common citation format is "Revised Statutes of Nebraska § 28-1212.02" (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 § 28-1212.02 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.