{"data":{"id":"us-ne/neb.-rev.-stat.-28-1205","jurisdiction":"us-ne","citation":"Neb. Rev. Stat. § 28-1205","heading":"Neb. Rev. Stat. § 28-1205","body":"(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.\n\n(b) Use of a deadly weapon, other than a firearm, to commit a felony is a Class II felony.\n\n(c) Use of a deadly weapon, which is a firearm, to commit a felony is a Class IC felony.\n\n(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.\n\n(b) Possession of a deadly weapon, other than a firearm, during the commission of a felony is a Class III felony.\n\n(c) Possession of a deadly weapon, which is a firearm, during the commission of a felony is a Class II felony.\n\n(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.\n\n(b) A violation of this subsection is a:\n\n(i) Class I misdemeanor for a first or second offense; and\n\n(ii) A Class IV felony for any third or subsequent offense.\n\n(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.\n\n(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.\n\n(6) For purposes of this section:\n\n(a) Dangerous misdemeanor means a misdemeanor violation of any of the following offenses:\n\n(i) Stalking under section 28-311.03 ;\n\n(ii) Knowing violation of any protection order issued under the Protection Orders Act;\n\n(iii) Domestic assault under section 28-323 ;\n\n(iv) Assault of an unborn child in the third degree under section 28-399 ;\n\n(v) Theft by shoplifting under section 28-511.01 ;\n\n(vi) Unauthorized use of a propelled vehicle under section 28-516 ;\n\n(vii) Criminal mischief under section 28-519 if such violation arises from an incident involving the commission of a misdemeanor crime of domestic violence;\n\n(viii) Impersonating a police officer under section 28-610 ;\n\n(ix) Resisting arrest under section 28-904 ;\n\n(x) Operating a motor vehicle or vessel to avoid arrest under section 28-905 ;\n\n(xi) Obstructing a peace officer under section 28-906 ; or\n\n(xii) Any attempt under section 28-201 to commit an offense described in subdivisions (6)(a)(i) through (xi) of this section;\n\n(b) Destructive device has the same meaning as in section 28-1213 ;\n\n(c) Misdemeanor crime of domestic violence has the same meaning as in section 28-1206 ; and\nle or vessel to avoid arrest under section 28-905 ;\n\n(xi) Obstructing a peace officer under section 28-906 ; or\n\n(xii) Any attempt under section 28-201 to commit an offense described in subdivisions (6)(a)(i) through (xi) of this section;\n\n(b) Destructive device has the same meaning as in section 28-1213 ;\n\n(c) Misdemeanor crime of domestic violence has the same meaning as in section 28-1206 ; and\n\n(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.","path":["NE Code","Chapter 28"],"source_url":"https://nebraskalegislature.gov/laws/statutes.php?statute=28-1205","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:21Z","sha256":"cc860a0a50f1746fa595b865a2b7eff5df60d5019f405b4c59ca62387d212e42","source_id":"us-ne","stale":false,"prev":"us-ne/neb.-rev.-stat.-28-1204.05","next":"us-ne/neb.-rev.-stat.-28-1206"},"notice":"GroundRules: Original legal text. Not legal advice."}