Category Archives: Law Changes

Convicted felons and weapons

MADISON COUNTY SHERIFF'S DEPARTMENT Posted on by

The Madison County Sheriff’s Department gets asked every fall about weapons laws and how they relate to hunting for someone who is a convicted felon.

The answer is clear, sort of.

A convicted felon cannot possess “a firearm, a knife, or brass or iron knuckles” according to Nebraska statute 28-1206 Possession of a deadly weapon by a prohibited person.

The same statute contains an exception for archery equipment. Felons can possess archery equipment for “lawful purposes” and a knife “purposes of butchering, dressing, or otherwise processing or harvesting game, fish, or furs.”

The follow up question is almost always “Can I hunt with a black powder rifle (muzzle loader)?”

That answer is “No” too, unfortunately.

The confusion comes from some slight differences in state and federal law because federal law does not recognize some older-style muzzle loading guns as firearms. But Nebraska law, as set in State v. Tharp, 22 Neb. App. 454, 854 N.W.2d 651 (2014) noted that Nebraska law 28–1201(1) states that a firearm is “any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive or frame or receiver of any such weapon.”  The court held that the black powder or muzzle loading guns in that case were “designed or had the ability to expel a projectile by the action of the explosive black gunpowder.”

The short answer is no, felons cannot possess or hunt with black powder or muzzle loading firearms.

The only remedy for this situation is a pardon by the Governor which restores gun rights. Simply setting aside the conviction by a court order is not sufficient, according to the Nebraska Attorney General.

Operating All-terrain or utility vehicles on roads

MADISON COUNTY SHERIFF'S DEPARTMENT Posted on by

The Sheriff’s Department periodically receives questions about the operation of all-terrain vehicles (four wheelers) and utility vehicles (gators and the like) on roads and highways. There are various laws that deal with their operation which are listed below. In case of serious injuries, wrongful death cases Miami law firm can help.

All-terrain and utility vehicles may be operated on any road outside of a city, village, or unincorporated village (unless a city or village ordinance allows) under the following conditions:

  • Only between the hours of sunrise and sunset
  • The operator must have a valid class O operator’s license or farm permit
  • The vehicle must be covered by liability insurance for operating it on a road
  • The vehicle cannot travel in excess of 35 mph on a road.
  • The vehicle must have headlight and taillight turned on
  • The vehicle must have a bicycle safety flag attached to the rear of the vehicle extending five feet above ground.
  • These vehicles cannot be operated on a controlled access highway with more than two marked traffic lanes. This includes Highway 81 as it has four marked lanes.
  • These types of vehicles can cross Highway 81 at an intersection after stopping and yielding to oncoming traffic with its headlight and taillight on.

(Source Nebraska statute 60-6,356)

Other applicable laws:

60-6,355 All-terrain vehicle, defined; utility-type vehicle, defined.
60-6,356 All-terrain vehicle; utility-type vehicle; operation; restrictions; city or village ordinance; county board resolution.
60-6,357 All-terrain vehicle; utility-type vehicle; lights required; when.
60-6,358 All-terrain vehicle; utility-type vehicle; equipment required.
60-6,359 Modification of all-terrain vehicle or utility-type vehicle; prohibited.
60-6,360 All-terrain vehicle; utility-type vehicle; competitive events; exemptions.
60-6,361 All-terrain vehicle; utility-type vehicle; accident; report required.
60-6,362 Violations; penalty.