{"id":374700,"date":"2016-03-31T21:35:52","date_gmt":"2016-04-01T02:35:52","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/nebraska-law\/nebraska-gun-control-laws.html"},"modified":"2024-09-30T11:07:18","modified_gmt":"2024-09-30T16:07:18","slug":"nebraska-gun-control-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/nebraska-law\/nebraska-gun-control-laws.html","title":{"rendered":"Nebraska Gun Control Laws"},"content":{"rendered":"\n
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Nebraska Gun Control Laws<\/h1>\n
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\n By John Mascolo, Esq.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Federal and state gun laws address the sale, purchase, possession, and use of firearms in the U.S. Whereas changes in federal law<\/a> have been infrequent, state laws change often and can vary greatly. State gun control laws can limit who may purchase a firearm. They may set procedures for background checks and waiting periods. They often address the legality of concealed carry or open carry laws.<\/p>\r\n

Nebraska gun control laws are less restrictive than several other states. Nebraskans have enacted more restrictions related to handguns than to rifles and shotguns.<\/p>\r\n

The Second Amendment to the U.S. Constitution provides citizens with the right to bear arms for traditional purposes such as self-defense. As a result, gun owners often challenge state and local laws that ban or limit the possession or use of firearms. The U.S. Supreme Court decision in New York State Rifle and Pistol Association v. Bruen<\/i><\/a> (2022), involved a state regulatory scheme for the issuance of concealed carry permits. <\/p>\r\n

The petitioners in the case claimed that their application for permits to carry firearms for self-defense was denied on subjective and arbitrary grounds. The New York law provided that authorities may issue a permit when an applicant shows proper cause. The Court invalidated the law, agreeing that its subjective evaluation for permits violated the Constitution. It held that citizens have a right to carry firearms in public for self-defense. <\/p>\r\n

Thus, state regulations must use objective criteria such that a permit shall issue when such criteria are met. The Court also placed the burden on the government to show that a regulation is consistent with historical firearms regulation.<\/p>\r\n

In light of Bruen<\/i>, state and local governments seeking to address gun violence by enacting new firearms restrictions must demonstrate how a gun control law aligns with historical firearms regulations. In several states, including Nebraska, the Bruen<\/i> decision encouraged efforts to pass constitutional carry or permitless carry laws. Such laws allow citizens to carry firearms in public without a permit for purposes such as self-defense whether the firearm is concealed or in open view.<\/p>\r\n

In Nebraska, anyone 21 years or older who is not otherwise prohibited can carry a concealed handgun with or without a concealed handgun permit. However, persons in control of certain premises open to the public can prohibit non-law enforcement personnel from carrying a concealed handgun onto a premises by posting signs. The law also provides that concealed carry of a handgun is not permitted at the following locations:<\/p>\r\n