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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

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