Stolen Firearms Target of Bill
Lincoln – Prosecutors would have increased authority to pursue people for receiving stolen firearms under a Nebraska legislative bill advanced from general file Jan. 15.
Currently, a person must have actual knowledge or belief a gun is stolen to be convicted of crimes related to receiving a stolen firearm. LB 582, sponsored by Gordon Sen. Tom Brewer, would change the standard so that a person who should have known or had reasonable cause to believe that a firearm was stolen could be prosecuted.
The trade and trafficking of stolen firearms is a statewide issue that needs to be addressed, Brewer said.
“This does not increase the penalty for having a stolen gun. ... It does not create a new crime,” he said. “What it does do is allow for the due process guaranteed by the Constitution for a jury or judge to decide if a stolen gun in the defendant’s possession (should be) a Class IIA felony.”
A person found to be in possession of a firearm that is believed to be stolen would be guilty of a Class IIA felony, which carries up to 20 years imprisonment.
– Nebraska Unicameral Information Office
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