Sec. 272-22-010 - DISABILITIES UNDER THE ACT

ยง 272-22-010. DISABILITIES UNDER THE ACT

010.01 A certificate shall be denied pursuant to 18 USC 922 to:

010.01A Felons or persons who have been convicted in any court of a crime punishable by imprisonment for a term exceeding one year.

010.01A(1) "Felony of Crime punishable by imprisonment term for exceeding 1 year " means any Federal, State or foreign offense for which the maximum penalty, whether or not imposed, is a capital punishment or imprisonment in excess of one year. The term shall not include any Federal or State offenses pertaining to antitrust violations, fair trade practices, restraints of trade practices, restraints of trade, or other similar offenses relating to the regulations of business practices, or any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less. What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held. Any conviction which has been expunged or set aside or for which a person has been pardoned or has had civil rights restored, shall not be considered a conviction for purposes of the Act or this part, unless such pardon, expunction, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms, or unless the person is prohibited by the law of the jurisdiction in which the proceedings were held from receiving or possessing any firearms.

010.01B Persons who are fugitives from justice.

010.01B(1) ''Fugitive from Justice" means any person who has fled from any State to avoid prosecution for a crime or to avoid giving testimony in any criminal proceeding.

010.01C Persons who are unlawful users of or addicted to any controlled substance.

010.01C(1) "Unlawful User of or addicted to any controlled substance" means any person who uses a controlled substance and has lost the power of self-control with reference to the use of controlled substance; and any person who is a current user of a controlled substance in a manner other than as prescribed by a licensed physician. Such use is not limited to the use of drugs on a particular day, or within a matter of days or weeks before, but rather that the unlawful use has occurred recently enough to indicate that the individual is actively engaged in such conduct. A person may be an unlawful current user of a controlled substance even though the substance is not being used at the precise time the person seeks to acquire a firearm or receives or possesses a firearm. An inference of current use may be drawn from evidence of a recent use or possession of a controlled substance or a pattern of use or possession that reasonably covers the present time, e.g., a conviction for use or possession of a controlled substance within the past year; multiple arrests for such offenses within the past 5 years if the most recent arrest occurred within the past year; or persons found through a drug test to use a controlled substance unlawfully, provided that the test was administered within the past year. For a current or former member of the Armed Forces, an inference of current use may be drawn from recent disciplinary or other administrative action based on confirmed drug use, e.g., court-martial conviction, nonjudicial punishment, or an administrative discharge based on drug use or drug rehabilitation failure.

010.01D Persons who have been adjudicated as mental defectives or have been committed to any mental institution.

010.01D(1) "Adjudicated as a mental defective" means a determination by a court, board, commission, or other lawful authority that a person, as a result of marked subnormal intelligence, or mental illness, incompetency, condition, or disease:

010.01D(1)(a) Is a danger to himself or to others; or

010.01D(1)(b) Lacks the mental capacity to contract or manage his own affairs. The term shall include a finding of insanity by a court in a criminal case; and those persons found incompetent to stand trial or found not guilty by reason of lack of mental responsibility pursuant to articles 50a and 72b of the Uniform Code of Military Justice, 10 U.S.C. 850 a, 876b.

010.01E Persons who are aliens and are illegally or unlawfully in the United States.

010.01E(1) "Alien" means any person not a citizen or national of the United States, or aliens illegally or unlawfully in the United States. Aliens who are unlawfully in the United States who are not in valid immigrant, nonimmigrant or parole status. The term includes any alien who unlawfully entered the United States without inspection and authorization by an immigration officer and who has not been paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act (INA); who is a nonimmigrant and whose authorized period of stay has expired or who has violated the terms of the nonimmigrant category in which he or she was admitted; paroled under INA section 212(d)(5) whose authorized period of parole has expired or whose parole status has been terminated; or under an order of deportation, exclusion, or removal, or under an order to depart the United States voluntarily, whether or not he or she has left the United States.

010.01F Persons who have been discharged from the armed forces under dishonorable conditions.

010.01F(1) "Dishonorable Discharge" means separation from the U.S. Armed Forces resulting from a dishonorable discharge or dismissal adjudged by a general court-martial. The term does not include any separation from the Armed Forces resulting from any other discharge, e.g., a bad conduct discharge.

010.01G Persons who, having been citizens of the United States, have renounced their U.S. Citizenship.

010.01G(1) "Renounced U.S. Citizenship" means a person has renounced his U.S. citizenship if the person. having been a citizen of the United States, has renounced citizenship either before a diplomatic or consular officer of the United States in a foreign state pursuant to 8 U.S.C. 1481(a)(5); or before an officer designated by the Attorney General when the United States is in a state of war pursuant to 8 U.S.C. 1481(a)(6). The term shall not include any renunciation of citizenship that has been reversed as a result of administrative or judicial appeal.

010.01H Persons who have committed a Misdemeanor Crime of Domestic Violence. Misdemeanor crime of violence means a Federal, State or local offense that:

010.01H(1) Is a misdemeanor under Federal or State law or, in States which do not classify offenses as misdemeanors, is an offense punishable by imprisonment for a term of one year or less, and includes offenses that are punishable only by a fine. (This is true whether or not the State statute specifically defines the offense as a "misdemeanor" or as a "misdemeanor crime of domestic violence." The term includes all such misdemeanor convictions in Indian Courts established pursuant to 25 CFR part 11.);

010.01H(2) Has, as an element, the use or attempted use of physical force (e.g., assault and battery), or the threatened use of a deadly weapon; and

010.01H(3) Was committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, (e.g., the equivalent of a "common law" marriage even if such relationship is not recognized under the law), or a person similarly situated to a spouse, parent, or guardian of the victim (e.g., two persons who are residing at the same location in an intimate relationship with the intent to make that place their home would be similarly situated to a spouse).

010.01H(4) A person shall not be considered to have been convicted of such an offense for purposes of this part unless:

010.01H(4)(a) The person is considered to have been convicted by the jurisdiction in which the proceedings were held.

010.01H(4)(b) The person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and

010.01H(4)(c) In the case of a prosecution for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either 002.08(c)(1) The case was tried by a jury, or 002.08(c)(2) The person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise.

010.01H(5) A person shall not be considered to have been convicted of such an offense for purposes of this part if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the jurisdiction in which the proceedings were held provides for the loss of civil rights upon conviction for such an offense) unless the pardon, expunction, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms, and the person is not otherwise prohibited by the law of the jurisdiction in which the proceeding were held from receiving or possessing any firearms.

010.01I Person who are subject to a domestic restraining order or domestic protection Nebraska order. "Subject to a domestic restraining order" means the person is subject to a court order that:

010.01I(1) Was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate;

010.01I(2) Restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and

010.01I(3) Includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or

010.01I(4) By its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury.

010.02 A certificate shall be denied to those persons who are prohibited from possessing a firearm pursuant to 28-1206, to include those convicted of:

010.02A Misdemeanor Crime of Domestic Violence

010.02A(1) A crime that is classified as a misdemeanor under the laws of the United States or the District of Columbia or the laws of any state, territory, possession, or tribe;

010.02A(2) A crime that has, as an element, the use or attempted use of physical force or the threatened use of a deadly weapon; and

010.02A(3) A crime that that is committed by another against his or her spouse, his or her former spouse, a person with whom he or she has a child in common whether or not they have been married or lived together at any time, or a person with whom he or she is or was involved in a dating relationship as defined in section 28-323; or

010.02B Assault in the third degree under section 28-310, or

010.02C False imprisonment in the second degree under section 28-315, or

010.02D First offense domestic assault in the third degree. or under subsection (1) of section 28-323, or

010.02E Fugitive from justice, for example, the subject of an active felony or misdemeanor warrant, or

010.02F Any attempt or conspiracy to commit one of the offenses listed in B through F above.

010.03 A certificate shall be denied to persons prohibited from purchasing or possessing a handgun by city or village ordinance existing on September 6, 1991.

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