Nebraska Statutes 29-440. Domestic assault; weapons; seizure and disposition
(1) Incident to an arrest under section 28-323, a peace officer:
Terms Used In Nebraska Statutes 29-440
- Arrest: Taking physical custody of a person by lawful authority.
- Peace officer: shall include sheriffs, coroners, jailers, marshals, police officers, state highway patrol officers, members of the National Guard on active service by direction of the Governor during periods of emergency, and all other persons with similar authority to make arrests. See Nebraska Statutes 49-801
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
(a) Shall seize all weapons that are alleged to have been involved or threatened to be used; and
(b) May seize any firearm and ammunition in the plain view of the officer or that is discovered pursuant to a search authorized or consented to by the person being searched or in charge of the premises being searched, as necessary for the protection of the officer or any other person.
(2) Weapons seized under this section shall be stored according to the policies and procedures implemented by the seizing law enforcement agency.
(3) Disposition of weapons under this section shall be determined by court order.