Use of a deadly weapon to commit a felony; possession of a deadly weapon during the commission of a felony; carrying a firearm or destructive device during the commission of a dangerous misdemeanor; penalty; separate and distinct offense; proof of possession.
Neb. Rev. Stat. § 28-1205
in effect28-1205. Use of a deadly weapon to commit a felony; possession of a deadly weapon during the commission of a felony; carrying a firearm or destructive device during the commission of a dangerous misdemeanor; penalty; separate and distinct offense; proof of possession.
(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) Knowing violation of any protection order issued under the Protection Orders Act;
(ii) Domestic assault under section 28-323;
(iii) Assault of an unborn child in the third degree under section 28-399;
(iv) Theft by shoplifting under section 28-511.01;
(v) Unauthorized use of a propelled vehicle under section 28-516;
(vi) Criminal mischief under section 28-519 if such violation arises from an incident involving the commission of a misdemeanor crime of domestic violence;
(vii) Resisting arrest under section 28-904;
(viii) Operating a motor vehicle or vessel to avoid arrest under section 28-905;
(ix) Obstructing a peace officer under section 28-906; or
(x) Any attempt under section 28-201 to commit an offense described in subdivisions (6)(a)(i) through (ix) 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.
Laws 1977, LB 38, § 237; Laws 1995, LB 371, § 8; Laws 2009, LB63, § 14; Laws 2023, LB77, § 13; Laws 2025, LB80, § 34; Laws 2026, LB935, § 21; Laws 2026, LB965, § 20. Note: The Revisor of Statutes has pursuant to section 49-769 correlated LB935, section 21, with LB965, section 20, to reflect all amendments. Note: Changes made by LB935 became operative July 18, 2026. Changes made by LB965 became operative October 1, 2026.
Source: Nebraska Legislature (nebraskalegislature.gov)URL: https://nebraskalegislature.gov/laws/statutes.php?statute=28-1205Fetched: 10/20/2026