Nebraska

Nebraska Permit Eligibility

An applicant shall:

1. Be at least twenty-one years of age
2. Not be prohibited from purchasing or possessing a handgun
3. Possess the same powers of eyesight as required for a Class O operator's license
4. Not have been convicted of a felony
5. Not have been convicted of a misdemeanor crime of violence within the last ten years
6. Not have been found in the previous ten years to be a mentally ill and dangerous person under the Nebraska Mental Health Commitment Act or a similar law of another jurisdiction or not be currently adjudged mentally incompetent;
7. Have been a resident of this state for at least one hundred eighty days (See Neb. Rev. Stat. §§ 69-2433 (7) for residency requirements)
8. Not have had a conviction of any law of this state relating to firearms, unlawful use of a weapon, or controlled substances or of any similar laws of another jurisdiction within the ten years preceding the date of application.
9. Not be on parole, probation, house arrest, or work release; and
10. Provide proof of training.

Neb. Rev. Stat. §§ 69-2433

Nebraska Training Requirements

The minimum safety and training requirements for a Handgun Training and Safety Course include, but are not limited to:

• Knowledge of ways to avoid a criminal attack and to defuse or control a violent confrontation;
• Knowledge of operation and safe handling of a handgun;
• Knowledge of and safe handling of handgun ammunition;
• Knowledge of proper storage practices for handguns and ammunition, including storage practices which would reduce the possibility of accidental injury to a child;
• Safe handgun shooting fundamentals;
• Knowledge of federal, state, and local laws pertaining to the purchase, ownership, transportation, and possession of handguns; and
• Knowledge of federal, state, and local laws pertaining to the use of a handgun including, but not limited to, use of a handgun for self-defense and laws relating to justifiable homicide and the various degrees of assault.

272 Neb. Admin. Code, ch. 21, § 024.03

Nebraska Training Requirements - Shooting Competency

• Applicants will demonstrate competency in handling and shooting a handgun with respect to the minimum safety and training requirements:
• Students will complete practical exercises which include practice shooting on the range. These exercises will include but are not limited to the following: drawing and firing drills, precision shooting drills, and decision making (shoot/don't shoot) drills. The number of rounds to be fired in practice by each student will be determined by the instructor.
• The Patrol will set the qualification course for the demonstration of competency. The course will be 30 rounds with varying distances. The target used will be the FBI "Q" target. A score of 70 percent is the minimum to demonstrate competency. Participants in the Handgun Training and Safety Course will be allowed three attempts to demonstrate competency.
• Applicants will take a written test consisting of a minimum of 30 questions. The Patrol will provide the test questions. A score of 70 percent is the minimum passing score.

272 Neb. Admin. Code, ch. 21, § 024.04

NE Permit Application Process

Any person wishing to apply for a concealed handgun permit must present themselves in person at a Nebraska State Patrol Troop Area Headquarters and submit the following at time of application:

• Completed, signed and notarized application form
• Proof of training - Original or certified copy of Certificate of Completion of a Handgun Training and
• Safety Course approved by the Nebraska State Patrol
• Proof of vision - only needed if presenting a state issued ID card
• Proof of identification - Current NE driver's license, NE state issued ID or current military ID
• Proof of citizenship - Certified state issued birth certificate, naturalization papers, certificate of citizenship from immigration authorities or a current or expired US passport
  Please note: If the name listed on the application does not match the name on the proof of citizenship provided, legal documentation showing name change (such as a marriage certificate, divorce decree or court order) may be required.
• Proof of address - (the address on the application must match the provided documentation) Current NE driver's license or NE state issued ID, active military duty station orders, or one of the following items: utility bill, bank statement, valid Nebraska vehicle registration, Nebraska voter registration card, pay stub or earnings statement, mortgage or lease agreement or tax documents issued at least 180 days prior to application date
• Applicable Fee - $100.00, Cash, Check, E-Check, Credit or Debit Card
• Fingerprints and Photographs taken at the time of application submittal

Neb. Rev. Stat. §§ 69-2430

NE Permit Renewal Process

• 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.
• The Nebraska State Patrol shall renew a permitholder's permit to carry a concealed handgun for a renewal period of five years, subject to continuing compliance with the requirements of section 69-2433, except as provided in subsection (2) of section 69-2443. The renewal fee is fifty dollars, and renewal may be applied for no earlier than four months before expiration of the permit and no later than thirty business days after the date of expiration of the permit. At least four months before expiration of a permit to carry a concealed handgun, the Nebraska State Patrol shall send to the permitholder by United States mail or electronically notice of expiration of the permit.
• The applicant shall submit the fee with the application to the Nebraska State Patrol. The fee shall be remitted to the State Treasurer for credit to the Nebraska State Patrol Cash Fund.

Neb. Rev. Stat. §§ 69-2436

Nebraska is a permitless-carry state.

Nebraska has a preemption law, which means only the state may make or change firearm regulations.

The law:

1. 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.
2. Notwithstanding the provisions of any home rule charter, counties, cities, and villages shall not have the power to:
   1. Regulate the ownership, possession, storage, transportation, sale, or transfer of firearms or other weapons, except as expressly provided by state law; or
   2. Require registration of firearms or other weapons.
3. 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

Nebraska Firearm Transfers

Legislative findings and declarations
The Legislature hereby finds and declares that the state has a valid interest in the regulation of the purchase, lease, rental, and transfer of handguns and that requiring a certificate prior to the purchase, lease, rental, or transfer of a handgun serves a valid public purpose.

Neb. Rev. Stat. §§ 69-2401

Nebraska Firearm Transfers Cont.

Terms defined

1. Antique handgun or pistol means any handgun or pistol, including those with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before 1898 and any replica of such a handgun or pistol if such replica (a) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition or (b) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade;
2. Criminal history record check includes a check of the criminal history records of the Nebraska State Patrol and a check of the Federal Bureau of Investigation's National Instant Criminal Background Check System;
3. Firearm-related disability means a person is not permitted to (a) purchase, possess, ship, transport, or receive a firearm under either state or federal law, (b) obtain a certificate to purchase, lease, rent, or receive transfer of a handgun under section 69-2404, or (c) obtain a permit to carry a concealed handgun under the Concealed Handgun Permit Act; and
4. Handgun means any firearm with a barrel less than sixteen inches in length or any firearm designed to be held and fired by the use of a single hand.

Neb. Rev. Stat. §§ 69-2402

Nebraska Firearm Transfers Cont.

1. Except as provided in this section and section 69-2409, a person shall not purchase, lease, rent, or receive transfer of a handgun until he or she has obtained a certificate in accordance with section 69-2404. Except as provided in this section and section 69-2409, a person shall not sell, lease, rent, or transfer a handgun to a person who has not obtained a certificate.
2. The certificate shall not be required if:
   1. The person acquiring the handgun is a licensed firearms dealer under federal law;
   2. The handgun is an antique handgun;
   3. The person acquiring the handgun is authorized to do so on behalf of a law enforcement agency;
   4. The transfer is a temporary transfer of a handgun and the transferee remains (i) in the line of sight of the transferor or (ii) within the premises of an established shooting facility;
   5. The transfer is between a person and his or her spouse, sibling, parent, child, aunt, uncle, niece, nephew, or grandparent;
   6. The person acquiring the handgun is a holder of a valid permit under the Concealed Handgun Permit Act; or
   7. The person acquiring the handgun is a peace officer as defined in section 69-2429.

Neb. Rev. Stat. §§ 69-2403

Certificates, Applications, and Fees

Any person desiring to purchase, lease, rent, or receive transfer of a handgun shall apply with the chief of police or sheriff of the applicant's place of residence for a certificate. The application may be made in person or by mail. The application form and certificate shall be made on forms approved by the Superintendent of Law Enforcement and Public Safety. The application shall include the applicant's full name, address, date of birth, and country of citizenship. If the applicant is not a United States citizen, the application shall include the applicant's place of birth and his or her alien or admission number. If the application is made in person, the applicant shall also present a current Nebraska motor vehicle operator's license, state identification card, or military identification card, or tribal enrollment card as defined in section 28-1202.03. If the application is made by mail, the application form shall describe the license or card used for identification and be notarized by a notary public who has verified the identification of the applicant through such a license or card. 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. A fee of five dollars shall be charged for each application for a certificate to cover the cost of a criminal history record check.

Neb. Rev. Stat. §§ 69-2404

Issuance of Certificates

Application; chief of police or sheriff; duties; immunity
Upon the receipt of an application for a certificate, the chief of police or sheriff shall issue a certificate or deny a certificate and furnish the applicant the specific reasons for the denial in writing. The chief of police or sheriff shall be permitted up to three days in which to conduct an investigation to determine whether the applicant is prohibited by law from purchasing or possessing a handgun. If the certificate or denial is mailed to the applicant, it shall be mailed to the applicant's address by first-class mail within the three-day period. If it is determined that the purchase or possession of a handgun by the applicant would be in violation of applicable federal, state, or local law, the chief of police or sheriff shall deny the certificate. In computing the three-day period, the day of receipt of the application shall not be included and the last day of the three-day period shall be included. The three-day period shall expire at 11:59 p.m. of the third day unless it is a Saturday, Sunday, or legal holiday in which event the period shall run until 11:59 p.m. of the next day which is not a Saturday, Sunday, or legal holiday. No later than the end of the three-day period the chief of police or sheriff shall issue or deny such certificate and, if the certificate is denied, furnish the applicant the specific reasons for denial in writing. No civil liability shall arise to any law enforcement agency if such law enforcement agency complies with sections 69-2401, 69-2403 to 69-2408, and 69-2409.01.

Neb. Rev. Stat. §§ 69-2405

Certificate Denial and Revocation

Any person who is denied a certificate, whose certificate is revoked, or who has not been issued a certificate upon expiration of the three-day period may appeal within ten days of receipt of the denial or revocation to the county court of the county of the applicant's place of residence. The applicant shall file with the court the specific reasons for the denial or revocation by the chief of police or sheriff and a filing fee of ten dollars in lieu of any other filing fee required by law. The court shall issue its decision within thirty days of the filing of the appeal.

Neb. Rev. Stat. §§ 69-2406

Certificate Contents

A certificate issued in accordance with section 69-2404 shall contain the holder's name, address, and date of birth and the effective date of the certificate. A certificate shall authorize the holder to acquire any number of handguns during the period that the certificate is valid. The certificate shall be valid throughout the state and shall become invalid three years after its effective date. If the chief of police or sheriff who issued the certificate determines that the applicant has become disqualified for the certificate under section 69-2404, he or she may immediately revoke the certificate and require the holder to surrender the certificate immediately. Revocation may be appealed pursuant to section 69-2406.

Neb. Rev. Stat. §§ 69-2407

False Information on Certificates

Any person who willfully provides false information on an application form for a certificate under section 69-2404 shall, upon conviction, be guilty of a Class IV felony, and any person who intentionally violates any other provision of sections 69-2401, 69-2403 to 69-2407, and 69-2409.01 shall, upon conviction, be guilty of a Class I misdemeanor. As a part of the judgment of conviction, the court may order the confiscation of the handgun.

Neb. Rev. Stat. §§ 69-2408

Automated Criminal History Files

1. It is the intent of the Legislature that the Nebraska State Patrol implement an expedited program of upgrading Nebraska's automated criminal history files to be utilized for, among other law enforcement purposes, an instant criminal history record check on handgun purchasers when buying a handgun from a licensed importer, manufacturer, or dealer so that such instant criminal history record check may be implemented as soon as possible on or after January 1, 1995.
2. The patrol's automated arrest and conviction records shall be reviewed annually by the Superintendent of Law Enforcement and Public Safety who shall report the status of such records within thirty days of such review to the Governor and the Clerk of the Legislature. The report submitted to the Clerk of the Legislature shall be submitted electronically. The instant criminal history record check system shall be implemented by the patrol on or after January 1, 1995, when, as determined by the Superintendent of Law Enforcement and Public Safety, eighty-five percent of the Nebraska arrest and conviction records since January 1, 1965, available to the patrol are included in the patrol's automated system. Not less than thirty days prior to implementation and enforcement of the instant check system, the patrol shall send written notice to all licensed importers, manufacturers, and dealers outlining the procedures and toll-free number described in sections 69-2410 to 69-2423.
3. Upon implementation of the instant criminal history record check system, a person who desires to purchase, lease, rent, or receive transfer of a handgun from a licensed importer, manufacturer, or dealer may elect to obtain such handgun either under sections 69-2401, 69-2403 to 69-2408, and 69-2409.01 or under sections 69-2409.01 and 69-2410 to 69-2423.

Neb. Rev. Stat. §§ 69-2409

Importer, Manufacturer, Dealer

No importer, manufacturer, or dealer licensed pursuant to 18 U.S.C. 923 shall sell or deliver any handgun to another person other than a licensed importer, manufacturer, dealer, or collector until he or she has:
1 -
a. Inspected a valid certificate issued to such person pursuant to sections 69-2401, 69-2403 to 69-2408, and 69-2409.01; and
b. Inspected a valid identification containing a photograph of such person which appropriately and completely identifies such person; or
2 -
a. Obtained a completed consent form from the potential buyer or transferee, which form shall be established by the Nebraska State Patrol and provided by the licensed importer, manufacturer, or dealer. The form shall include the name, address, date of birth, gender, race, and country of citizenship of such potential buyer or transferee. If the potential buyer or transferee is not a United States citizen, the completed consent form shall contain the potential buyer's or transferee's place of birth and his or her alien or admission number;
b. Inspected a valid identification containing a photograph of the potential buyer or transferee which appropriately and completely identifies such person;
c. Requested by toll-free telephone call or other electromagnetic communication that the Nebraska State Patrol conduct a criminal history record check; and
d. Received a unique approval number for such inquiry from the Nebraska State Patrol indicating the date and number on the consent form.

Neb. Rev. Stat. §§ 69-2410

Criminal History Record Checks

1. Upon receipt of a request for a criminal history record check, the Nebraska State Patrol shall as soon as possible during the licensee's telephone call or by return telephone call:
   a. Check its criminal history records and check the Federal Bureau of Investigation's National Instant Criminal Background Check System to determine if the potential buyer or transferee is prohibited from receipt or possession of a handgun pursuant to state or federal law; and
   b. Either (i) inform the licensee that its records demonstrate that the potential buyer or transferee is prohibited from receipt or possession of a handgun or (ii) provide the licensee with a unique approval number.
2. In the event of electronic failure or similar emergency beyond the control of the Nebraska State Patrol, the patrol shall immediately notify a requesting licensee of the reason for and estimated length of such delay. In any event, no later than the end of the next business day the Nebraska State Patrol shall either (a) inform the licensee that its records demonstrate that the potential buyer or transferee is prohibited from receipt or possession of a handgun or (b) provide the licensee with a unique approval number. If the licensee is not informed by the end of the next business day that the potential buyer is prohibited from receipt or possession of a handgun, and regardless of whether the unique approval number has been received, the licensee may complete the sale or delivery and shall not be deemed to be in violation of sections 69-2410 to 69-2423 with respect to such sale or delivery.
3. A fee of three dollars shall be charged for each request of a criminal history record check required pursuant to section 69-2410, which amount shall be transmitted monthly to the Nebraska State Patrol. Such amount shall be for the purpose of covering the costs of the criminal history record check.

Neb. Rev. Stat. §§ 69-2411

Records; Confidentiality

1. Any records which are created by the Nebraska State Patrol to conduct the criminal history record check containing any of the information set forth in subdivision (2)(a) of section 69-2410 pertaining to a potential buyer or transferee who is not prohibited from receipt or transfer of a handgun by reason of state or federal law shall be confidential and may not be disclosed by the patrol or any officer or employee thereof to any person. The Nebraska State Patrol shall destroy any such records as soon as possible after communicating the unique approval number, and in any event, such records shall be destroyed within forty-eight hours after the date of receipt of the licensee's request.
2. Notwithstanding the provisions of this section, the Nebraska State Patrol shall only maintain a log of dates of requests for criminal history record checks and unique approval numbers corresponding to such dates for not to exceed one year.
3. Nothing in this section shall be construed to allow the state to maintain records containing the names of licensees who receive unique approval numbers or to maintain records of handgun transactions, including the names or other identification of licensees and potential buyers or transferees including persons not otherwise prohibited by law from the receipt or possession of handguns.

Neb. Rev. Stat. §§ 69-2412

State Patrol Toll-Free Number

The Nebraska State Patrol shall establish a toll-free telephone number which shall be operational seven days a week between 8 a.m. and 10 p.m. for purposes of responding to requests under section 69-2410. The Nebraska State Patrol shall employ and train such personnel as is necessary to expeditiously administer the provisions of sections 69-2410 to 69-2423.

Neb. Rev. Stat. §§ 69-2413

Records; Amendment; Procedure

Any person who is denied the right to purchase or receive a handgun as a result of procedures established by sections 69-2410 to 69-2423 may request amendment of the record pertaining to him or her by petitioning the Nebraska State Patrol. If the Nebraska State Patrol fails to amend the record within seven days, the person requesting the amendment may petition the county court of the county in which he or she resides for an order directing the patrol to amend the record. If the person proves by a preponderance of the evidence that the record should be amended, the court shall order the record be amended. If the record demonstrates that such person is not prohibited from receipt or possession of a handgun by state or federal law, the Nebraska State Patrol shall destroy any records it maintains which contain any information derived from the criminal history record check.

Neb. Rev. Stat. §§ 69-2414

Records; Rules and Regulations

The Nebraska State Patrol shall adopt and promulgate rules and regulations to ensure the identity, confidentiality, and security of all records and data provided pursuant to sections 69-2410 to 69-2423.

Neb. Rev. Stat. §§ 69-2415

When Compliance is Not Required

A licensed importer, manufacturer, or dealer shall not be required to comply with the provisions of subdivision (2) of section 69-2410 and sections 69-2411 to 69-2423 in the event of:

1. Unavailability of telephone service at the licensed premises due to (a) the failure of the entity which provides telephone service in the state, region, or other geographical area in which the licensee is located to provide telephone service to the premises due to the location of such premises or (b) the interruption of telephone service by reason of hurricane, flood, natural disaster, other act of God, war, riot, or other bona fide emergency or reason beyond the control of the licensee; or
2. Failure of the Nebraska State Patrol to comply reasonably with the requirements of sections 69-2410 to 69-2423.

Neb. Rev. Stat. §§ 69-2416

Patrol/Licensee; Liability Defense

Compliance with sections 69-2410 to 69-2423 shall be a defense by the Nebraska State Patrol and the licensee transferring a handgun in any cause of action under the laws of this state for liability for damages arising from the importation or manufacture, or the subsequent sale or transfer, of any handgun which has been shipped or transported in interstate or foreign commerce to any person who has been convicted in any court of any crime punishable by a term of more than one year.

Neb. Rev. Stat. §§ 69-2417

Record Check Exemptions

Sections 69-2410 to 69-2423 shall not apply to:

1. Any antique handgun or pistol; or
2. Any firearm which is a curio or relic as defined in 27 C.F.R. 478.11.

Neb. Rev. Stat. §§ 69-2418

Criminal Records; Prohibited Acts

Any licensed importer, manufacturer, or dealer who knowingly and intentionally requests a criminal history record check from the Nebraska State Patrol for any purpose other than compliance with sections 69-2410 to 69-2423 or knowingly and intentionally disseminates any criminal history record check information to any person other than the subject of such information shall be guilty of a Class I misdemeanor.

Neb. Rev. Stat. §§ 69-2419

False Statements

Any person who, in connection with the purchase, transfer, or attempted purchase of a handgun pursuant to sections 69-2410 to 69-2423, knowingly and intentionally makes any materially false oral or written statement or knowingly and intentionally furnishes any false identification intended or likely to deceive the licensee shall be guilty of a Class IV felony.

Neb. Rev. Stat. §§ 69-2420

Sale or Delivery; Violations

Any licensed importer, manufacturer, or dealer who knowingly and intentionally sells or delivers a handgun in violation of sections 69-2401 to 69-2425 shall be guilty of a Class IV felony.

Neb. Rev. Stat. §§ 69-2421

Handguns for Prohibited Transfer

Any person who knowingly and intentionally obtains a handgun for the purposes of transferring it to a person who is prohibited from receipt or possession of a handgun by state or federal law shall be guilty of a Class IV felony.

Neb. Rev. Stat. §§ 69-2422

State Patrol Annual Reports

The Nebraska State Patrol shall provide electronically an annual report to the Judiciary Committee of the Legislature which includes the number of inquiries made pursuant to sections 69-2410 to 69-2423 for the prior calendar year, the number of such inquiries resulting in a determination that the potential buyer or transferee was prohibited from receipt or possession of a handgun pursuant to state or federal law, the estimated costs of administering such sections, the number of instances in which a person requested amendment of the record pertaining to such person pursuant to section 69-2414, and the number of instances in which a county court issued an order directing the patrol to amend a record.

Neb. Rev. Stat. §§ 69-2423

Rules and Regulations

The Nebraska State Patrol shall adopt and promulgate rules and regulations to carry out sections 69-2401 to 69-2425.

Neb. Rev. Stat. §§ 69-2424

City or Village Ordinances

Any city or village ordinance existing on September 6, 1991, shall not be preempted by sections 69-2401 to 69-2425.

Neb. Rev. Stat. §§ 69-2425

Unlawful Transfer to a Juvenile

1. Any person who knowingly and intentionally does or attempts to sell, provide, loan, deliver, or in any other way transfer the possession of a firearm to a juvenile commits the offense of unlawful transfer of a firearm to a juvenile. The county attorney shall have a copy of the petition served upon the owner of the firearm, if known, in person or by registered or certified mail at his or her last-known address.
2. This section does not apply to the transfer of a firearm, other than a handgun, to a juvenile:
   1. From a person related to such juvenile within the second degree of consanguinity or affinity if the transfer of physical possession of such firearm does not occur until such time as express permission has been obtained from the juvenile's parent or guardian;
   2. For a legitimate and lawful sporting purpose; or
   3. Who is under direct adult supervision in an appropriate educational program.
3. This section applies to the transfer of a handgun except as specifically provided in subsection (2) of section 28-1204.
4. Unlawful transfer of a firearm to a juvenile is a Class III felony.

Neb. Rev. Stat. §§ 28-1204.01

Nebraska has no law restricting large capacity magazines.

Nebraska Machine Guns

1. Any person or persons who shall transport or possess any machine gun, short rifle, or short shotgun commits a Class IV felony.
2. The provisions of this section shall not be held to prohibit any act by peace officers, members of the United States armed services, or members of the National Guard of this state, in the lawful discharge of their duties, or persons qualified under the provisions of federal law relating to the short rifle, short shotgun, or machine gun.

Neb. Rev. Stat. §§ 28-1203

Places Where Firearms Are Prohibited Under Nebraska Law:

A permit holder may carry a concealed handgun anywhere in Nebraska, except any:

1. Police, sheriff, or Nebraska State Patrol station or office;
2. detention facility, prison, or jail;
3. courtroom or building which contains a courtroom;
4. polling place during a bona fide election;
5. meeting of the governing body of a county, public school district, municipality, or other political subdivision;
6. meeting of the Legislature or a committee of the Legislature;
7. financial institution;
8. professional or semiprofessional athletic event;
9. building, grounds, vehicle, or sponsored activity or athletic event of any public, private, denominational, or parochial elementary, vocational, or secondary school, a private postsecondary career school as defined in section 85-1603, a community college, or a public or private college, junior college, or university;
10. place of worship;
11. hospital, emergency room, or trauma center;
12. political rally or fundraiser;
13. 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;
14. place where the possession or carrying of a firearm is prohibited by state or federal law;
15. a place or premises where the person, persons, entity, or entities in control of the property or employer in control of the property has prohibited permit holders from carrying concealed handguns into or onto the place or premises; or
    into or onto any other place or premises where handguns are prohibited by state law.

Neb. Rev. Stat. §§ 28-1202.01 (2) & (3)

Nebraska Open Carry

Without a Permit: Open carry is allowed without a permit except in certain municipalities.

• Omaha: Carrying a "concealable" firearm (even if openly) is prohibited unless you (1) possess a valid permit to carry a concealed firearm under Nebraska Law, or (2) have obtained and display an identification card showing satisfactory completion of the firearm training program (see here for details on the program). Omaha Mun. Code §20-206.
• Lincoln: May not carry a firearm into any (1) City and/or County Facilities, or (2) Domestic Violence and Substance Abuse Facilities or Shelters. (see §9.36.130 & 140).

With a Permit: Those who possess a Nebraska CHP (or out-of-state reciprocal permit) may openly carry in all parts of the state where concealed carry is allowed.

Age to Open Carry: 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

Nebraska “No Weapons” Signs

In Nebraska, a “No Weapons” sign carries the force of law and must be obeyed.

The law:

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 concealed handguns 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, persons, entity, or entities in control of the place or premises or employer in control of the place or premises has posted conspicuous notice that carrying a concealed handgun is prohibited in or on the place or premises or has made a request, directly or through an authorized representative or management personnel, that the person remove the concealed handgun from the place or premises.

Neb. Rev. Stat. §§ 28-1202.01 (5)

1. Except as provided in subsections (2), (3), and (4) of this section, a person not otherwise prohibited by state law from possessing or carrying a concealed handgun shall not carry a concealed handgun while such person:
   1.  Is consuming alcohol; or
   2.  Has remaining in such person's blood, urine, or breath any previously consumed alcohol or any controlled substance as defined in section 28-401.
2. A person does not violate this section if the controlled substance in such person's blood, urine, or breath was lawfully obtained and was taken in therapeutically prescribed amounts.
3. A person does not violate this section if:
   1. Such person is storing or transporting a handgun in a motor vehicle for any lawful purpose or transporting a handgun directly to or from a motor vehicle to or from any place where such handgun may be lawfully possessed or carried by such person; and
   2. Such handgun is unloaded, kept separate from ammunition, and enclosed in a case.
4. This section does not apply to a qualified law enforcement officer or qualified retired law enforcement officer carrying a concealed handgun pursuant to 18 U.S.C. 926B or 926C, respectively, as such sections existed on January 1, 2023.
5. A violation of this section is a Class III misdemeanor for a first offense and a Class I misdemeanor for any second or subsequent offense.

Neb. Rev. Stat. §§ 28-1202.02

Firearms in Motor Vehicles

The presence in a motor vehicle other than a public vehicle of any firearm or instrument referred to in section 28-1203, 28-1206, 28-1207, or 28-1212.03 shall be prima facie evidence that it is in the possession of and is carried by all persons occupying such motor vehicle at the time such firearm or instrument is found, except that this section shall not be applicable if such firearm or instrument is found upon the person of one of the occupants therein.

Neb. Rev. Stat. §§ 28-1212

Firearms and Snowmobiles

60-6,342 - Snowmobiles; carrying firearms; hunting; unlawful
It shall be unlawful for any person to shoot, take, hunt, or kill or attempt to shoot, take, hunt, or kill any wild animal or bird from or with a snowmobile or for any person to carry or possess any shotgun or rimfire rifle while operating or riding on a snowmobile, or for any person to carry or possess any firearm, bow and arrow, or other projectile device on a snowmobile unless such bow and arrow or projectile device is enclosed in a car carrying case or such firearm is unloaded and enclosed in a carrying case.

60-6,343 - Snowmobiles; violations; penalty
Any person who violates any provision of sections 60-6,320 to 60-6,346 or any rule or regulation promulgated pursuant to such sections shall be guilty of a Class III misdemeanor, and if such person is convicted of a second or subsequent offense within any period of one year, he or she shall be guilty of a Class II misdemeanor.
Any violation of such sections which is also a violation under any other provision of Chapter 60 may be punished under the penalty provisions thereof.

60-6,344 - Snowmobile owner; prohibited acts
It shall be unlawful for the owner of a snowmobile to permit such snowmobile to be operated contrary to the provisions of sections 60-6,320 to 60-6,346 or for purposes of carrying a shotgun or rifle thereon unless such shotgun or rifle is unloaded and encased.

Neb. Rev. Stat. §§ 60-6,342, 60-6,343, and 60-6,344

Nebraska has no law that requires unattended firearms to be stored in a certain way.

Nebraska also does not require a locking device to accompany the sale of a firearm, and no state statutes require firearm owners to affirmatively lock their weapons.

Nebraska is a duty-to-inform state.

The law:

1. Except as provided in subsection (5) of this section, 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.
2. Except as provided in subsection (5) of this section, during contact with a person carrying a concealed handgun, a peace officer or emergency services personnel may secure the handgun or direct that it be secured during the duration of the contact if the peace officer or emergency services personnel determines that it is necessary for the safety of any person present, including the peace officer or emergency services personnel. The person shall submit to the order to secure the handgun.
3. A person is not required to comply with subsections (2) and (3) of this section if:
   1. Such person is storing or transporting a handgun in a motor vehicle for any lawful purpose or transporting a handgun directly to or from a motor vehicle to or from any place where such handgun may be lawfully possessed or carried by such person; and
   2. Such handgun is unloaded, kept separate from ammunition, and enclosed in a case.

Nebraska does not have Emergency Risk Orders ("Red Flag Laws).

Nebraska Use-of-Force Law

1. The use of force upon or toward another person is justifiable when the actor believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion.
2. The use of such force is not justifiable under this section to resist an arrest which the actor knows is being made by a peace officer, although the arrest is unlawful.
3. The use of such force is not justifiable under this section to resist force used by the occupier or possessor of property or by another person on his behalf, where the actor knows that the person using the force is doing so under a claim of right to protect the property, except that this limitation shall not apply if:
   1. The actor is a public officer acting in the performance of his duties or a person lawfully assisting him therein or a person making or assisting in a lawful arrest;
   2. The actor has been unlawfully dispossessed of the property and is making a reentry or recapture justified by section 28-1411; or
   3. The actor believes that such force is necessary to protect himself against death or serious bodily harm.

Neb. Rev. Stat. §§ 28-1409 (1), (2), and (3)

Nebraska Use-of-Deadly-Force Law

The use of deadly force shall not be justifiable under this section unless the actor believes that such force is necessary to protect himself against death, serious bodily harm, kidnapping or sexual intercourse compelled by force or threat, nor is it justifiable if the actor, with the purpose of causing death or serious bodily harm, provoked the use of force against himself in the same encounter.

Neb. Rev. Stat. §§ 28-1409 (4) (a)

Protection of Other Persons

1. The use of force upon or toward the person of another is justifiable to protect a third person when:
   1. The actor would be justified under section 28-1409 in using such force to protect himself against the injury he believes to be threatened to the person whom he seeks to protect;
   2. Under the circumstances as the actor believes them to be, the person whom he seeks to protect would be justified in using such protective force; and
   3. The actor believes that his intervention is necessary for the protection of such other person.
2. Notwithstanding subsection (1) of this section:
   1. When the actor would be obliged under section 28-1409 to retreat, to surrender the possession of a thing or to comply with a demand before using force in self-protection, he shall not be obliged to do so before using force for the protection of another person, unless he knows that he can thereby secure the complete safety of such other person;
   2. When the person whom the actor seeks to protect would be obliged under section 28-1409 to retreat, to surrender the possession of a thing or to comply with a demand if he knew that he could obtain complete safety by so doing, the actor is obliged to try to cause him to do so before using force in his protection if the actor knows that he can obtain complete safety in that way; and
   3. Neither the actor nor the person whom he seeks to protect is obliged to retreat when in the other's dwelling or place of work to any greater extent than in his own.

Neb. Rev. Stat. §§ 28-1410

Use of Force by Parents/Guardians

The use of force upon or toward the person of another is justifiable if:

1. The actor is the parent or guardian or other person similarly responsible for the general care and supervision of a minor or a person acting at the request of such parent, guardian, or other responsible person and:
   1. Such force is used for the purpose of safeguarding or promoting the welfare of the minor, including the prevention or punishment of his or her misconduct; and
   2. Such force used is not designed to cause or known to create a substantial risk of causing death, serious bodily harm, disfigurement, extreme pain or mental distress, or gross degradation;
2. The actor is the guardian or other person similarly responsible for the general care and supervision of an incompetent person and:
   1. Such force is used for the purpose of safeguarding or promoting the welfare of the incompetent person, including the prevention of his or her misconduct, or, when such incompetent person is in a hospital or other institution for his or her care and custody, for the maintenance of reasonable discipline in such institution; and
   2. Such force used is not designed to cause or known to create a substantial risk of causing death, serious bodily harm, disfigurement, extreme or unnecessary pain, mental distress, or humiliation;

Neb. Rev. Stat. §§ 28-1413

Nebraska Defense-of-Habitat Law

The use of deadly force is not justifiable under this section unless the actor believes that:

1. The person against whom the force is used is attempting to dispossess him of his dwelling otherwise than under a claim of right to its possession; or
2. The person against whom the force is used is attempting to commit or consummate arson, burglary, robbery or other felonious theft or property destruction and either:
   a. Has employed or threatened deadly force against or in the presence of the actor; or
   b. The use of force other than deadly force to prevent the commission or the consummation of the crime would expose the actor or another in his presence to substantial danger of serious bodily harm.

Neb. Rev. Stat. §§ 28-1411

Nebraska law does not specifically address the issue of defense of property.

Defenses Available in Civil Actions

1. In any prosecution based on conduct which is justifiable under [Nebraska self-defense laws], justification is an affirmative defense.
2. The justification defenses provided for under [Nebraska self-defense laws] shall be available in any civil action for assault and battery or intentional wrongful death and, where applicable, shall be a bar to recovery.

Neb. Rev. Stat. §§ 28-1416

 

Nebraska Duty-to-Retreat Law
A person is not justified in using deadly force against another person when he/she knows that he/she 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:

1. The actor shall not be 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; and
2. A public officer justified in using force in the performance of his duties or a person justified in using force in his assistance or a person justified in using force in making an arrest or preventing an escape shall not be obliged to desist from efforts to perform such duty, effect such arrest or prevent such escape because of resistance or threatened resistance by or on behalf of the person against whom such action is directed.

   Neb. Rev. Stat. §§ 28-1409 (4) (b)

It is legal to stand your ground against an aggressive animal in self-defense.