Neb. Rev. Stat. § 28-1205: Neb. Rev. Stat. § 28-1205

(1)(a) Any person who uses a firearm, a knife, brass or iron knuckles, or any other deadly weapon to commit any felony which may be prosecuted in a court of this state commits the offense of use of a deadly weapon to commit a felony.

(b) Use of a deadly weapon, other than a firearm, to commit a felony is a Class II felony.

(c) Use of a deadly weapon, which is a firearm, to commit a felony is a Class IC felony.

(2)(a) Any person who possesses a firearm, a knife, brass or iron knuckles, or a destructive device during the commission of any felony which may be prosecuted in a court of this state commits the offense of possession of a deadly weapon during the commission of a felony.

(b) Possession of a deadly weapon, other than a firearm, during the commission of a felony is a Class III felony.

(c) Possession of a deadly weapon, which is a firearm, during the commission of a felony is a Class II felony.

(3)(a) Any person who carries a firearm or a destructive device during the commission of a dangerous misdemeanor commits the offense of carrying a firearm or destructive device during the commission of a dangerous misdemeanor.

(b) A violation of this subsection is a:

(i) Class I misdemeanor for a first or second offense; and

(ii) A Class IV felony for any third or subsequent offense.

(4) A violation of this section shall be treated as a separate and distinct offense from the underlying crimes being committed, and a sentence imposed under this section shall be consecutive to any other sentence imposed.

(5) Possession of a deadly weapon may be proved through evidence demonstrating either actual or constructive possession of a firearm, a knife, brass or iron knuckles, or a destructive device during, immediately prior to, or immediately after the commission of a felony.

(6) For purposes of this section:

(a) Dangerous misdemeanor means a misdemeanor violation of any of the following offenses:

(i) Stalking under section 28-311.03 ;

(ii) Knowing violation of any protection order issued under the Protection Orders Act;

(iii) Domestic assault under section 28-323 ;

(iv) Assault of an unborn child in the third degree under section 28-399 ;

(v) Theft by shoplifting under section 28-511.01 ;

(vi) Unauthorized use of a propelled vehicle under section 28-516 ;

(vii) Criminal mischief under section 28-519 if such violation arises from an incident involving the commission of a misdemeanor crime of domestic violence;

(viii) Impersonating a police officer under section 28-610 ;

(ix) Resisting arrest under section 28-904 ;

(x) Operating a motor vehicle or vessel to avoid arrest under section 28-905 ;

(xi) Obstructing a peace officer under section 28-906 ; or

(xii) Any attempt under section 28-201 to commit an offense described in subdivisions (6)(a)(i) through (xi) of this section;

(b) Destructive device has the same meaning as in section 28-1213 ;

(c) Misdemeanor crime of domestic violence has the same meaning as in section 28-1206 ; and

le or vessel to avoid arrest under section 28-905 ;

(xi) Obstructing a peace officer under section 28-906 ; or

(xii) Any attempt under section 28-201 to commit an offense described in subdivisions (6)(a)(i) through (xi) of this section;

(b) Destructive device has the same meaning as in section 28-1213 ;

(c) Misdemeanor crime of domestic violence has the same meaning as in section 28-1206 ; and

(d) Use of a deadly weapon includes the discharge, employment, or visible display of any part of a firearm, a knife, brass or iron knuckles, any other deadly weapon, or a destructive device during, immediately prior to, or immediately after the commission of a felony or communication to another indicating the presence of a firearm, a knife, brass or iron knuckles, any other deadly weapon, or a destructive device during, immediately prior to, or immediately after the commission of a felony, regardless of whether such firearm, knife, brass or iron knuckles, deadly weapon, or destructive device was discharged, actively employed, or displayed.