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1995 Nebraska Attorney General Reports and Opinions 1 (1995)

handle is hein.sag/sagne0025 and id is 1 raw text is: STATE OF NEBRASKA (of e of the AttLrneig Genwerl 2115 STATE CAPITOL BUILDING LINCOLN, NEBRASKA 68509-8920 (402) 471-2682 TDD (402) 471-2682 CAPITOL FAX (402) 471-3297 1235 K ST. FAX (402) 471-4725 )ON STENBERG L. STEVEN GRASZ ATTORNEY GENERAL SAM GRIMMINGER DEPUTY ATTORNEYS GENERAL OFF IC IA L JAN 4 1995 DEPT. OF JUSTICE DATE: January 3, 1995 * S\j3CT:. Hand gun possession by former felon REQUESTED. BY: Paul M. Wood, Red Willow County Attorney WRITTEN BY: Don Stenberg, Attorney General William L. Howland, Assistant Attorney General ..I'onl. have written to our office asking for an opinion regarding t*e qbe.tions which you have posed in connection with an individual who has been convicted of a felony and sentenced to probation. The ..specific questions that you pose were as follows: (1) Can a person who has- been convicted of a felony, sentenced to probation, and having successfully completed probation and then fully-discharged, purchase, lease, rent, or receive transfer of a hand gun? (2) If such person is in possession of-a hand gun,.is he a felon in possession and subject to criminal liability? .1ii your letter you provide a factual scenario with regard to a-prtciular-.individual and we need to point out that- obviously our . Qfffi e is not:able to provide opinions for private individuals and 'we ard unable to make any evaluation as to any proceedings that may *Ihave..occurred which are referenced in your letter requesting the lopini~t~n, 'As you know, our office is only authorized to consult with zd advise county attorneys in matters of criminal law and revenLue pursuant to Neb. Rev. Stat. S 84-205(2)d Obviously, we are in no position to evaluate the legal proceedings that you refer to and . in at want this opinion to be construed as providing advice to a private individual. )avid K. Ater.;. .rn- James A. Elworth Marilyn B. Hutchinson Marie C. Pawol John R. Thompson . Jay Bartel Lynne R. Fritz Kimberly A. Klein Kenneth W. Payne Barry Wald .Kirk Brown Royce N. Harper Joseph P. Loudon Alan E. Pedersen Terri M. Weeks )avid T. Bydalek Lauren Lee Hill Charles E. Lowe Paul N. Potadle Alfonza Whitaker .aurje Smith Carp Jay C. Hinsley Lisa D. Martin-Price James D. Smith Melanie J. Whittamore-Mantzlos tlores N. Coe-Barbee Amy Hollenbeck Lynn A. Melson James H. Spears Linda L. Willard ale A. Comer William L. Howland Fredrick F. Neld Mark D. Starr Printed with say ink on recycled paper