Nebraska Gun Laws

Following LB 77 (2023), the Nebraska concealed-carry prohibition applies only to a minor or a prohibited person. A minor is defined as anyone under 21, with statutory exceptions for U.S. armed forces members (active or reserve), National Guard, ROTC, and peace officers age 18+. All other adults may carry concealed without a permit.

"A minor or a prohibited person shall not carry a weapon or weapons concealed on or about his or her person, such as a handgun, a knife, brass or iron knuckles, or any other deadly weapon."

Neb. Rev. Stat. § 28-1202 statute

LB 77 amended § 28-1202 to limit the concealed-carry prohibition to minors and prohibited persons, expanded preemption under § 18-1703 (now § 13-330), and amended § 69-2441 (now § 28-1202.01) so prohibited-place restrictions apply to all carriers rather than only permitholders. Approved by Governor Pillen April 25, 2023; took effect September 2, 2023.

"A BILL FOR AN ACT relating to firearms; to amend sections... to prohibit regulation of weapons by cities, villages, and counties; to provide for the carrying of a concealed handgun without a permit."

LB 77 (2023), 108th Nebraska Legislature statute

Subsection (1) expressly confirms that a person other than a minor or a prohibited person may carry a concealed handgun anywhere in Nebraska with or without a permit under the Concealed Handgun Permit Act.

"Except as otherwise provided in this section, a person, other than a minor or a prohibited person, may carry a concealed handgun anywhere in Nebraska, with or without a permit under the Concealed Handgun Permit Act."

Neb. Rev. Stat. § 28-1202.01(1) statute

Nebraska continues to issue an optional Concealed Handgun Permit (CHP). Eligibility requires the applicant to be at least 21, not federally prohibited from possessing a firearm, free of felony convictions or specified misdemeanor convictions in the prior 10 years, mentally competent, not on probation/parole/house arrest/work release, a Nebraska resident for 180 days (with exceptions for military and recognized out-of-state permitholders), and to provide proof of training.

"An applicant must be at least twenty-one years of age. An applicant shall not be prohibited from possession of a firearm by 18 U.S.C. 922 as such section existed on January 1, 2005."

Neb. Rev. Stat. § 69-2433 (Concealed Handgun Permit Act eligibility) statute

A Nebraska Concealed Handgun Permit is valid throughout the state for five years. The new-permit fee is $100; the renewal fee is $50. Renewal applications must be filed no earlier than four months before expiration and no later than 30 business days after expiration.

"A permit to carry a concealed handgun is valid throughout the state for a period of five years after the date of issuance. The fee for issuing a permit is one hundred dollars."

Neb. Rev. Stat. § 69-2436 (permit validity and fees) statute

The Nebraska State Patrol administers the Concealed Handgun Permit Act, requires an approved in-person Handgun Training and Safety Course (no online courses accepted), and the NSP Frequently Asked Questions notes courses are normally 8 to 16 hours and culminate in live-fire qualification.

"Complete an approved handgun training and safety course. The Nebraska State Patrol does not recognize any online training course to satisfy the handgun training and safety course requirement."

Nebraska State Patrol — Concealed Handgun Permit (training requirement) ag

Open carry of a firearm has long been permitless in Nebraska for adults 18+ who are not prohibited persons. State law does not regulate visible carry, and the preemption statute now bars counties, cities, and villages from imposing local open-carry restrictions.

"Notwithstanding the provisions of any home rule charter, counties, cities, and villages shall not have the power to: (a) Regulate the ownership, possession, storage, transportation, sale, or transfer of firearms or other weapons, except as expressly provided by state law."

Neb. Rev. Stat. § 13-330; Neb. Rev. Stat. § 28-1202 statute

An adult who is not prohibited from possessing a handgun may carry a concealed handgun in a motor vehicle or in any vehicle parking area open to the public, including the glove box, center console, or trunk. When the carrier exits the vehicle in a parking area associated with a statutory prohibited place, the handgun must be locked in a glove box, trunk, storage box securely attached to the vehicle, or — for motorcycles — a hardened compartment securely attached.

"A person carrying a concealed handgun in a vehicle or on his or her person while riding in or on a vehicle into or onto any parking area, which is open to the public, used by any location listed in subsection (2) or (3) of this section, does not violate this section if, prior to exiting the vehicle, the handgun is locked inside the glove box, trunk, or other compartment of the vehicle."

Neb. Rev. Stat. § 28-1202.01(6) statute

Even where a person is otherwise restricted (e.g., a minor not federally prohibited), Nebraska's vehicle-storage rule allows transporting a handgun in a motor vehicle if the firearm is unloaded, kept separate from ammunition, and enclosed in a case. Adults who may carry concealed under § 28-1202.01 face no such 'unloaded and cased' requirement.

"Case means (a) a hard-sided or soft-sided box, container, or receptacle intended or designed for the primary purpose of storing or transporting a firearm or (b) the firearm manufacturer's original packaging."

Neb. Rev. Stat. § 28-1202(1) (motor-vehicle exception via case storage) statute

Nebraska has NO general 'guns in trunks' employer-protection statute. The Concealed Handgun Permit Act expressly authorizes employers to prohibit employees from carrying a concealed handgun in vehicles owned by the employer; private employers may also restrict carry in employee-owned vehicles parked on their property under § 28-1202.01(5).

"An employer may prohibit employees or other persons from carrying concealed handguns in vehicles owned by the employer."

Neb. Rev. Stat. § 28-1202.01(7) statute

Nebraska recognizes out-of-state Concealed Handgun Permits only when the issuing state's standards meet or exceed Nebraska's and the holder is NOT a Nebraska resident. Because LB 77 made carry permitless in Nebraska, the reciprocity list functions today primarily to waive the 180-day Nebraska residency requirement for new applicants. The Attorney General publishes the list; 18 jurisdictions (including DC) are fully recognized and roughly 19 more are recognized with conditions (age 21+, specific permit class, or enhanced permit only).

"A valid license or permit to carry a concealed handgun issued by any other state or the District of Columbia shall be recognized as valid in this state under the Concealed Handgun Permit Act if (1) the holder of the license or permit is not a resident of Nebraska and (2) the Attorney General has determined that the standards for issuance... are equal to or greater than the standards imposed by the act."

Neb. Rev. Stat. § 69-2448 / Nebraska State Patrol Reciprocity List ag

Nebraska codifies a castle-style rule inside the duty-to-retreat statute: a person is not obliged to retreat from their dwelling or place of work before using deadly force, unless the person was the initial aggressor or was assaulted at work by someone whose place of work it also is.

"The actor is not obliged to retreat from his dwelling or place of work, unless he was the initial aggressor or is assailed in his place of work by another person whose place of work the actor knows it to be."

Neb. Rev. Stat. § 28-1409(4)(b)(i) statute

Force is justifiable in defense of property when immediately necessary to prevent unlawful entry, trespass, or theft, generally after the actor requests the interferer to desist. Deadly force is limited to preventing dispossession of a dwelling or stopping a violent felony in progress.

"Subject to provisions of this section and section 28-1414, the use of force upon or toward the person of another is justifiable when the actor believes that such force is immediately necessary to prevent or terminate an unlawful entry or other trespass upon land or a trespass against or the unlawful carrying away of tangible movable property."

Neb. Rev. Stat. § 28-1411 statute

Section 28-1414 limits the justification defenses in §§ 28-1409 through 28-1412 (including the defense-of-property rule referenced in § 28-1411): the justification is unavailable when the actor's belief in the unlawfulness of the threat or in the lawfulness of an arrest is mistaken and the mistake stems from ignorance of the criminal law, and is also unavailable in reckless or negligent prosecutions when the actor was reckless or negligent in forming the belief or in injuring innocent persons.

"The justification afforded by sections 28-1409 to 28-1412 is unavailable when: (a) The actor's belief in the unlawfulness of the force or conduct against which he employs protective force or his belief in the lawfulness of an arrest which he endeavors to effect by force is erroneous; and (b) His error is the result of ignorance or mistake as to the provisions of sections 28-1406 to 28-1416, any other provision of the criminal law, or the law governing the legality of an arrest or search."

Neb. Rev. Stat. § 28-1414 statute

Section 28-1406 supplies the definitions used throughout the justification-of-force chapter (§§ 28-1406 to 28-1416), including the meaning of 'unlawful force,' 'deadly force,' 'actor,' 'dwelling,' and 'public officer.' These definitions control how the castle-doctrine, defense-of-property, and duty-to-retreat provisions are applied.

"As used in sections 28-1406 to 28-1416, unless the context otherwise requires:"

Neb. Rev. Stat. § 28-1406 statute

Section 28-1410 authorizes the use of force to protect a third person under the same general framework as self-defense in § 28-1409. The actor must believe intervention is necessary and that the protected person would themselves be justified in using protective force; the dwelling/workplace exception to the duty to retreat carries over.

"Subject to the provisions of this section and of section 28-1414, the use of force upon or toward the person of another is justifiable to protect a third person when:"

Neb. Rev. Stat. § 28-1410 statute

Section 28-1412 governs the use of force in law enforcement — when peace officers and private citizens assisting may use force in effecting an arrest or preventing an escape. Deadly force is limited to felony arrests where the suspect poses a danger of serious bodily harm. This section is one of the justification provisions cross-referenced by § 28-1414's limits.

"Subject to the provisions of this section and of section 28-1414, the use of force upon or toward the person of another is justifiable when the actor is making or assisting in making an arrest"

Neb. Rev. Stat. § 28-1412 statute

Nebraska is NOT a statutory stand-your-ground state. Deadly force in self-defense is not justifiable if the actor 'knows that he can avoid the necessity of using such force with complete safety by retreating.' The duty to retreat does not apply inside the actor's dwelling or place of work.

"The use of deadly force is not justifiable under this section if: ... (b) The actor knows that he can avoid the necessity of using such force with complete safety by retreating or by surrendering possession of a thing to a person asserting a claim of right thereto or by complying with a demand that he abstain from any action which he has no duty to take, except that: (i) The actor is not obliged to retreat from his dwelling or place of work."

Neb. Rev. Stat. § 28-1409(4)(b) statute

Nebraska imposes an affirmative duty to inform. Any time a person carrying a concealed handgun is contacted by a peace officer or emergency services personnel, the person must immediately inform them of the concealed handgun. The duty does not apply when the handgun is unloaded, cased, and being transported to or from a place of lawful possession.

"Whenever a person who is carrying a concealed handgun is contacted by a peace officer or by emergency services personnel, the person shall immediately inform the peace officer or emergency services personnel that the person is carrying a concealed handgun."

Neb. Rev. Stat. § 28-1202.04(2) statute

Concealed carry is prohibited in a long list of locations including police/sheriff/NSP stations; detention facilities, prisons, and jails; courtrooms and buildings containing a courtroom; polling places during a bona fide election; meetings of any governing body of a political subdivision or the Legislature; financial institutions; professional or semiprofessional athletic events; school grounds and buildings; places of worship; hospitals, emergency rooms, and trauma centers; political rallies and fundraisers; and establishments licensed under the Liquor Control Act that derive more than half their income from alcohol sales.

"A person shall not carry a concealed handgun into or onto any: Police, sheriff, or Nebraska State Patrol station or office; detention facility, prison, or jail; courtroom or building which contains a courtroom; polling place during a bona fide election; meeting of the governing body of a county, public school district, municipality, or other political subdivision; meeting of the Legislature or a committee of the Legislature; financial institution; professional or semiprofessional athletic event; building, grounds, vehicle, or sponsored activity or athletic event of any school...; place of worship; hospital, emergency room, or trauma center; political rally or fundraiser; establishment having a license issued under the Nebraska Liquor Control Act that derives over one-half of its total income from the sale of alcoholic liquor."

Neb. Rev. Stat. § 28-1202.01(3) statute

Possessing a firearm in a school, on school grounds, in a school-owned vehicle, or at a school-sponsored activity or athletic event is a Class IV felony, subject to narrow exceptions including law enforcement, authorized school security, hunter-education courses, supervised instruction, and firearms stored in a private vehicle that are unloaded and enclosed in a case or locked rack while operated by a nonstudent adult.

"Any person who possesses a firearm in a school, on school grounds, in a school-owned vehicle, or at a school-sponsored activity or athletic event is guilty of the offense of unlawful possession of a firearm at a school."

Neb. Rev. Stat. § 28-1204.04 statute

Private property and business owners may prohibit concealed carry on their premises. A carrier does not violate the statute unless the property has posted conspicuous notice that carrying is prohibited, or management has personally directed the carrier to leave or remove the firearm.

"If a person, persons, entity, or entities in control of the place or premises or an employer in control of the place or premises prohibits the carrying of a concealed handgun into or onto the place or premises and such place or premises are open to the public, a person does not violate this section unless the person... has posted conspicuous notice that carrying a concealed handgun is prohibited."

Neb. Rev. Stat. § 28-1202.01(5) (posted property) statute

A person not otherwise prohibited may not carry a concealed handgun while consuming alcohol, or while there is any previously consumed alcohol or controlled substance in the person's blood, urine, or breath, unless the controlled substance was lawfully obtained and taken in therapeutically prescribed amounts. A first violation is a Class III misdemeanor; second and subsequent offenses are Class I misdemeanors.

"A person not otherwise prohibited by state law from possessing or carrying a concealed handgun shall not carry a concealed handgun while such person: (a) Is consuming alcohol; or (b) Has remaining in such person's blood, urine, or breath any previously consumed alcohol or any controlled substance."

Neb. Rev. Stat. § 28-1202.02 (consuming alcohol) statute

Nebraska requires a handgun purchase certificate (or qualifying exception) for any sale, lease, rental, gift, or transfer of a handgun, including most private transfers between non-licensed individuals. Certificates are issued by the chief of police or sheriff of the buyer's residence after a state and federal records check; the applicant must be 21+ and not federally prohibited. Holders of a Nebraska CHP, valid federally licensed dealers (running NICS), antique handguns, immediate family members, and peace officers are exempted from the certificate requirement.

"An applicant shall receive a certificate if he or she is twenty-one years of age or older and is not prohibited from purchasing or possessing a handgun by 18 U.S.C. 922."

Neb. Rev. Stat. § 69-2403 / § 69-2404 (handgun purchase certificate) statute

The handgun purchase certificate is not required when the transfer is from a federally licensed dealer (who already runs NICS), is between immediate family members (spouse, sibling, parent, child, aunt, uncle, niece, nephew, grandparent), is to a holder of a valid Nebraska CHP, involves an antique handgun, or is a temporary transfer within the transferor's sight or at an established shooting facility.

"No person shall purchase, lease, rent, or receive transfer of a handgun until he or she has obtained a certificate. The certificate requirement does not apply to a licensed firearms dealer... an antique handgun... a transfer to or from a peace officer... or a transferee who holds a valid permit to carry a concealed handgun."

Neb. Rev. Stat. § 69-2403 (exceptions) statute

Federal law requires that handguns be purchased from a federally licensed dealer (FFL) only by buyers 21 or older; long guns from an FFL may be sold to buyers 18 or older. Nebraska imposes no additional state purchase age beyond federal law for long guns and requires a state-issued handgun purchase certificate (also age 21+) for in-state private handgun transfers.

"A licensee may not sell a handgun to anyone under the age of 21. A licensee may not sell a long gun to anyone under the age of 18."

18 U.S.C. § 922(b)(1) (federal) / Neb. Rev. Stat. § 28-1204 atf

Any person under 18 who possesses a handgun commits unlawful possession of a handgun, a Class I misdemeanor, subject to narrow exceptions for military, National Guard, ROTC, and supervised training/hunting under a qualified adult.

"Any person under the age of eighteen years who possesses a handgun commits the offense of unlawful possession of a handgun."

Neb. Rev. Stat. § 28-1204 statute

Nebraska does not require firearm registration. LB 77 (2023) extended the preemption statute to bar counties, cities, and villages from requiring registration of firearms or other weapons. Omaha's prior handgun registration ordinance was rendered null and void.

"Notwithstanding the provisions of any home rule charter, counties, cities, and villages shall not have the power to... Require registration of firearms or other weapons."

Neb. Rev. Stat. § 13-330(2)(b) statute

Nebraska has not enacted an extreme risk protection order (red flag) law. Proposed ERPO bills have been introduced in recent sessions (e.g., LB 681 in 2023) but none has been enacted. The Concealed Handgun Permit Act and § 28-1206 govern firearm prohibitions based on convictions and adjudications, but provide no civil pre-conviction ERPO mechanism.

"Possession of a deadly weapon by a prohibited person."

Nebraska Legislature — no enacted ERPO statute statute

Nebraska has no state assault-weapon ban. The preemption statute reserves firearm regulation to the Legislature and bars counties, cities, and villages from adopting one. (Litigation in Douglas County is ongoing over a 2023 Omaha 'ghost gun' and bump-stock ordinance asserted to be preempted.)

"The Legislature finds and declares that the regulation of the ownership, possession, storage, transportation, sale, and transfer of firearms and other weapons is a matter of statewide concern."

Neb. Rev. Stat. § 13-330 statute

Nebraska imposes no magazine-capacity limit, and the preemption statute bars local governments from imposing one.

"Any county, city, or village ordinance, permit, or regulation in violation of subsection (2) of this section is declared to be null and void."

Neb. Rev. Stat. § 13-330 (preemption); no capacity statute statute

Possession or transport of a machine gun, short rifle (barrel under 16 inches or overall length under 26 inches), or short shotgun (barrel under 18 inches or overall length under 26 inches) is a Class IV felony. The statute expressly exempts peace officers, the armed services, the Nebraska National Guard, and persons qualified under federal law (i.e., a properly registered NFA item). Suppressors are NOT on this state prohibited list — they are regulated only under federal NFA.

"Any person or persons who shall transport or possess any machine gun, short rifle, or short shotgun commits a Class IV felony. The provisions of this section shall not apply to: (1) Members of the military forces of the United States, the National Guard, Air National Guard, or State Militia... and (4) Persons qualified under the provisions of federal law relating to the short rifle, short shotgun, or machine gun."

Neb. Rev. Stat. § 28-1203 statute

Suppressors, short-barreled rifles, short-barreled shotguns, and machine guns are regulated under the federal National Firearms Act and require ATF registration before possession.

"The National Firearms Act (NFA) imposes a statutory excise tax on the manufacture and transfer of certain firearms and mandates the registration of those firearms."

26 U.S.C. ch. 53 (National Firearms Act) / ATF atf

Nebraska expressly preempts the field of firearm regulation. Counties, cities, and villages — including home-rule cities — lack authority to regulate the ownership, possession, storage, transportation, sale, or transfer of firearms or to require registration. Conflicting local ordinances are declared null and void. This expanded preemption was added by LB 77 in 2023.

"Notwithstanding the provisions of any home rule charter, counties, cities, and villages shall not have the power to: (a) Regulate the ownership, possession, storage, transportation, sale, or transfer of firearms or other weapons, except as expressly provided by state law; or (b) Require registration of firearms or other weapons. Any county, city, or village ordinance, permit, or regulation in violation of subsection (2) of this section is declared to be null and void."

Neb. Rev. Stat. § 13-330 statute

LB 77 made three major changes: (1) amended § 28-1202 so the concealed-weapon offense applies only to minors and prohibited persons, establishing permitless concealed carry for eligible adults; (2) amended § 18-1703 (now § 13-330) to broaden state preemption to all firearm regulation, voiding existing local ordinances including Omaha's handgun registration requirement; (3) amended § 69-2441 (now § 28-1202.01) so the prohibited-place restrictions apply to all carriers, not just permitholders. Approved by Governor Pillen April 25, 2023; effective September 2, 2023.

"A BILL FOR AN ACT relating to firearms; to amend sections... to prohibit regulation of weapons by cities, villages, and counties; to provide for the carrying of a concealed handgun without a permit; to change provisions relating to other concealed weapons."

LB 77 (2023), 108th Nebraska Legislature statute

LB 77 amended § 28-1202 so the concealed-weapon offense applies only to minors and prohibited persons, allowing non-prohibited adults to carry a concealed handgun anywhere in Nebraska that is not a statutory prohibited place. Adults 21+ qualify; those 18-20 qualify only with active-duty, reserve, National Guard, ROTC, or peace-officer status.

LB 77 (2023), Approved April 25, 2023

LB 77 also amended § 18-1703 (renumbered § 13-330) to declare firearm and weapon regulation a matter of statewide concern and bar counties, cities, and villages — including home-rule cities — from regulating ownership, possession, storage, transportation, sale, or transfer of firearms, or requiring registration. Omaha's previous handgun registration ordinance was rendered null and void.

LB 77 (2023), § 1 (amending § 18-1703)

LB 77 § 9 amended § 69-2441 (renumbered § 28-1202.01) so that the long list of prohibited locations — schools, courthouses, polling places, places of worship, hospitals, financial institutions, alcohol-licensed establishments deriving over half their income from alcohol — applies to every person carrying a concealed handgun, not just CHP holders.

LB 77 (2023), § 9 (amending § 69-2441; renumbered § 28-1202.01)