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Can you summarize NERS 28-1107?
CRIMES AND PUNISHMENTS > Possession of a gambling device; penalty; affirmative defense.
Short Summary
This legal document pertains to the offense of possession of a gambling device in Nebraska. It applies to any person who manufactures, sells, transports, places, possesses, or conducts or negotiates any transaction affecting or designed to affect ownership, custody, or use of any gambling device, knowing that it shall be used in the advancement of unlawful gambling activity. The document provides an affirmative defense for the owner or operator of a retail establishment who is not a manufacturer, distributor, or seller of mechanical amusement devices, if the device bears an unexpired mechanical amusement device decal as required by the Mechanical Amusement Device Tax Act. However, this defense can be overcome if the owner or operator had actual knowledge that operation of the device constituted unlawful gambling activity on the premises. Possession of a gambling device is classified as a Class II misdemeanor and is subject to penalties.
Whom does it apply to?
Any person who manufactures, sells, transports, places, possesses, or conducts or negotiates any transaction affecting or designed to affect ownership, custody, or use of any gambling device
What does it govern?
Possession of a gambling device
What are exemptions?
The owner or operator of a retail establishment who is not a manufacturer, distributor, or seller of mechanical amusement devices shall have an affirmative defense to possession of a gambling device if the device bears an unexpired mechanical amusement device decal as required by the Mechanical Amusement Device Tax Act. However, this defense may be overcome if the owner or operator had actual knowledge that operation of the device constituted unlawful gambling activity at any time such device was operated on the premises of the retail establishment.
What are the Penalties?
Possession of a gambling device is a Class II misdemeanor.
Jurisdiction
Nebraska