Nebraska Gun Laws: Concealed Carry, Open Carry and Buying a Gun

Yes, since September 2, 2023. '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,' subject to the listed off-limits places. For this law, 'Minor means a person who is under twenty-one years of age,' except people 18 or older who are members of the U.S. armed forces (active or reserve), the Nebraska National Guard or ROTC, or peace officers. A 'prohibited person' is anyone barred from possessing firearms under state law or 18 U.S.C. 922(d) or (g). A minor or prohibited person who carries a concealed weapon commits a Class I misdemeanor (first offense) or Class IV felony (second or later).

Concealed handgun permit (CHP), issued by the Nebraska State Patrol, which 'shall' issue within forty-five days if the applicant meets the requirements (shall-issue). Applicant must 'Be at least twenty-one years of age,' have lived in Nebraska at least 180 days (with military exceptions), meet vision standards, and 'Provide proof of training' from a State Patrol-certified handgun training and safety course that includes a competency demonstration and suicide prevention training. Fee: 'The fee for issuing a permit is one hundred dollars'; renewal fee 'fifty dollars.' Valid 'for a period of five years after the date of issuance.'

Nebraska has no state law that requires a permit to carry a handgun or long gun openly; the state's carry ban applies only to minors and prohibited persons carrying a weapon concealed. Other rules still apply: a person under 18 may not possess a handgun (with listed exceptions), firearms are restricted at schools and in the State Capitol, and cities, villages and counties may not regulate the possession or transportation of firearms except as state law expressly provides.

Handguns: a person must obtain a handgun purchase certificate (or hold a concealed handgun permit) to buy, lease, rent or receive a handgun, and 'An applicant shall receive a certificate if he or she is twenty-one years of age or older' and not federally prohibited. Any person under eighteen who possesses a handgun commits a Class I misdemeanor (exceptions for military/ROTC on duty and supervised instruction). Transferring any firearm to a juvenile (under 18) is a Class III felony, except that non-handgun firearms may be transferred by a close relative with parental permission, for lawful sporting purposes, or under adult supervision in an educational program.

Handguns only: a person may not buy, lease, rent or receive a handgun without a certificate, and may not sell or transfer a handgun to someone who lacks one, including in private sales. The certificate is obtained from the chief of police or sheriff where the buyer lives, includes a criminal history record check ($5 fee), is valid for three years and covers any number of handguns. Not required for: transfers to licensed dealers; antique handguns; law enforcement; temporary transfers within line of sight or at a shooting range; transfers between spouses, siblings, parents, children, aunts, uncles, nieces, nephews or grandparents; holders of a valid Nebraska concealed handgun permit; and peace officers. No state certificate or check is required for private sales of long guns.

Nebraska has no state law that sets a waiting period between buying a firearm and taking delivery. A handgun buyer must hold a handgun certificate or concealed handgun permit (or meet a listed exception) before a handgun transfer.

Nebraska has no state law that sets up extreme risk protection orders (red flag orders). Its protection orders (domestic abuse, harassment and sexual assault) are sought by the person protected, and a domestic abuse protection order must give notice about firearms and ammunition.

Nebraska has no state law that bans assault weapons or limits magazine capacity. Transporting or possessing a machine gun, short rifle or short shotgun is a Class IV felony, except for peace officers, armed forces and National Guard members on duty, and persons qualified under federal law.

Adults who are not minors or prohibited persons may carry a concealed handgun, including in a vehicle, without a permit. Driving into a public parking area of an off-limits place is not a violation if, before leaving the vehicle, the handgun is 'locked inside the glove box, trunk, or other compartment of the vehicle,' a storage box securely attached to the vehicle, or a hardened compartment on a motorcycle (unless federal law bans guns in that parking area). Employers may ban concealed handguns in employer-owned vehicles. For school grounds, unloaded firearms in a nonstudent adult's private vehicle that are cased or in a locked rack are allowed.

Because no permit is needed to carry concealed in Nebraska, the State Patrol says its reciprocity list 'is only used to waive the 180 day residency requirement' for a Nebraska permit and does not apply to travelers. Fully recognized: Alaska, Colorado, Connecticut, Florida, Hawaii, Illinois, Kentucky, Louisiana, Michigan, Minnesota, New Mexico, North Carolina, Ohio, Oregon, South Carolina, Virginia, Wisconsin and the District of Columbia. Recognized with limits: Arizona, Arkansas, California, Maine, Missouri, Montana, Nevada, Oklahoma, Texas and Wyoming (holder 21 or older); Idaho (enhanced only); Iowa (non-professional only); Kansas (standard only); North Dakota (Class 1 only); South Dakota (enhanced only, not restricted enhanced); Tennessee (enhanced, holder 21 or older); Utah (§ 53-5-704 only); West Virginia (§ 61-7-4 CHL only). Not recognized: Alabama, Delaware, Georgia, Indiana, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island and Washington.

No concealed handgun may be carried into: police, sheriff or State Patrol stations or offices; detention facilities, prisons or jails; courtrooms or buildings containing a courtroom; polling places during an election; meetings of county, school district, city or other local governing bodies; meetings of the Legislature or its committees; financial institutions; professional or semiprofessional athletic events; buildings, grounds, vehicles, sponsored activities or athletic events of any school; places of worship; hospitals, emergency rooms or trauma centers; political rallies or fundraisers; establishments with a liquor license that get more than half their income from alcohol; places where firearms are barred by state or federal law; and private property or employers' premises where the person in control prohibits concealed handguns (if open to the public, by conspicuous posted notice or a request to remove the gun). A first violation is a Class III misdemeanor. Separately, possessing any firearm at a school, on school grounds, in a school vehicle or at a school-sponsored event is a Class IV felony, with listed exceptions. Permit holders may carry in the State Capitol.

Nebraska has no state law that requires serial numbers on, or bans, homemade or unserialized firearms or firearm kits. Knowingly possessing, receiving, selling or leasing a firearm whose manufacturer's identification mark or serial number has been removed, defaced, altered or destroyed is a Class III felony, and defacing a firearm is also a crime.