By John Mascolo, Esq. | Legally reviewed by FindLaw Staff | Last reviewed September 30, 2024
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. 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.
Federal and state gun laws address the sale, purchase, possession, and use of firearms in the U.S. Whereas changes in federal law 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.
Nebraska gun control laws are less restrictive than several other states. Nebraskans have enacted more restrictions related to handguns than to rifles and shotguns.
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 (2022), involved a state regulatory scheme for the issuance of concealed carry permits.
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.
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.
In light of Bruen, 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 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.
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:
Nebraska also passed a law that preempts local regulations of firearms that are inconsistent with state law. As a result, stricter gun ordinances and regulations in Omaha and Lincoln, the state's two largest cities, are currently facing challenges in the courts.
Nebraska law provides for background checks on only certain purchases or transfers of firearms. Federal firearms law requires a background check on purchases from a federal firearms dealer. Nebraska gun laws require a background check on handgun purchases that occur through a dealer or in a private sale, with some exceptions for antique firearms, those purchased for a law enforcement agency, and transactions between certain family members.
Private sale transfers of rifles and shotguns are not subject to background checks under state law.
Nebraska self-defense statutes do not currently include a stand-your-ground law. State law also does not provide a red flag law that permits the confiscation or prohibition of firearms from persons deemed a threat to themselves or others.
Details of Nebraska's gun control laws are listed below.
Relevant Statutes (Laws) |
Neb. Rev. Stat. Sections 28-1201 through 28-1212.04
|
|---|---|
Illegal Arms |
Under Neb. Rev. Stat. 28-1203, the following firearms are illegal* to possess or transport in Nebraska:
*Exceptions apply for on-duty law enforcement or members of the armed forces |
Waiting Period |
Nebraska does not have a state law waiting period to purchase a firearm. The state requires a handgun purchaser to acquire a handgun certificate or a concealed handgun permit in most circumstances. |
Who May Not Own |
Under Section 28-1206(1), a person cannot possess a firearm if they:
|
License Required? |
In general, a person needs a handgun certificate or concealed handgun permit to purchase a handgun in Nebraska. |
Concealed Carry License Required? |
No. A person 21 or older who is otherwise not prohibited by law from possessing a handgun may carry a concealed handgun with or without a permit for self-defense in Nebraska. |
Open Carried Allowed? |
Nebraska has no law against open carry. |
Eligibility for a Concealed Carry License |
In some circumstances, Nebraskans may seek to obtain a concealed handgun permit. To do so, they must:
|
Machine Gun Laws |
Machine guns are prohibited in Nebraska unless a person is authorized to possess one under federal law. |
Penalties for Illegal Firearm Possession |
Penalties for illegal firearm possession depend on the offense. Below are some offenses and their penalties:
|
Penalties for Illegal Possession on or Near School Grounds |
Unlawful possession of a firearm at a school is a Class IV felony punishable by up to 2 years imprisonment and/or a fine of up to $10,000. |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, it's best to consult an attorney to understand how these laws apply to your unique circumstances.
Do you want more information on Nebraska gun laws? Do you face the possibility of state or federal gun charges in the state of Nebraska? Consider talking with a qualified attorney in your area. An attorney can provide you with detailed information and representation in court.
Contact a qualified attorney.
Get tailored advice and ask your legal questions. Many Nebraska attorneys offer free consultations.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.