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LB 1088

Require persons convicted of misdemeanor crimes of domestic violence or subject to domestic abuse protection orders to surrender firearms for a period of time

109th Legislature (2025-2026) Introduced by John Cavanaugh and 1 co-sponsor

Nebraska bill requires temporary firearm surrender for misdemeanor domestic violence convicts and those under domestic abuse protection orders to reduce lethality in intimate partner situations.

Notice of hearing for February 06, 2026
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Bill Summary · LB 1088

Legislative bill overview

LB 1088 would require individuals convicted of misdemeanor domestic violence offenses or subject to domestic abuse protection orders in Nebraska to temporarily surrender their firearms. The bill establishes a mechanism for removing guns from situations involving domestic abuse while allowing for potential restoration of firearm rights after a specified period.

Why is this important

Domestic violence situations have elevated risks of lethal outcomes when firearms are present—research consistently shows access to guns increases lethality in intimate partner violence cases. This bill attempts to balance public safety concerns in domestic abuse situations with Second Amendment considerations by using temporary rather than permanent restrictions.

Potential points of contention

  • Second Amendment concerns: Gun rights advocates may argue that firearm restrictions for misdemeanor convictions raise constitutional questions, particularly regarding due process and proportionality
  • Enforcement and implementation: Questions exist about how firearms would be located, secured, and returned; who bears custody costs; and what happens if individuals refuse to comply
  • Scope of "domestic abuse protection orders": Civil protective orders don't require criminal conviction, raising concerns about restrictions based on allegations rather than proven guilt, potentially affecting defendants' rights
  • Restoration procedures: The bill's specifics on how and when rights are restored, appeal processes, and documentation requirements will significantly impact its practical application

Compiled from official sources — confirm details with the bill’s official record.

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