Nebraska Gun Laws/Restrictions

Code Sections

28-1201, et seq.

Types of Illegal Firearms

Possession, sale, transfer, or manufacture of the below firearms is illegal:

• Machine gun
• Short rifle or short shotgun
• Defaced firearm
• Stolen firearm

Waiting Period Before Purchase

• None

Concealed Weapons Allowed?

• Permit required for carrying a concealed handgun.
• Carrying a concealed weapon without a permit may be charged as a Class I misdemeanor (Class IV felony for a second or subsequent offense).

Who May Not Own Guns

Nebraska prohibits several different categories of individuals from owning or possessing pistols:

•  Under 18: revolver, pistol, or any short-barreled hand firearm (without supervision).
• Convicted felon/fugitive from justice: barrel less than 18 inches.
• Convicted of misdemeanor domestic violence in last 7 yrs.
• Subject to a protective restraining order.

Laws Prohibiting Firearms On or Near School Grounds

• Class IV felony (28-1204.04)

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.

To purchase, receive, or sell a handgun, a certificate is required, (includes private sales) unless:

• The transferee is a federally licensed firearms dealer;
• It is an antique handgun;
• The transfer is to a law enforcement agency;
• It is a temporary transfer and the transferee remains
  • in the line of sight of the transferor or
  • (b) within the premises of an established shooting facility; or
• The transfer is between a person and his or her spouse, sibling, parent, child, aunt, uncle, niece, nephew, or grandparent.

Application for the certificate may be made in person or by mail with the sheriff or police chief of the applicant's place of residence. A background check is conducted within 2 days. A fee of $5.00 shall be charged for a criminal history record check. Upon receipt of the application, the chief of police or sheriff shall, within 2 days, issue the certificate or furnish the applicant the specific reasons for the denial in writing.

A certificate shall be issued if the applicant is 21 or older and is not prohibited by law from purchasing or possessing a handgun. The certificate is valid throughout the state for 3 years to purchase any number of handguns. No civil liability shall arise to any law enforcement agency that complies with the statute.

Any person denied a certificate, whose certificate is revoked, or who has not been issued a certificate upon expiration of the two-day period may appeal within 10 days of receipt of the denial or revocation to the county court 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 $10.00 in lieu of any other filing fee required by law. The court shall issue its decision within 30 days of the filing of the appeal.

No federally licensed firearms importer, manufacturer, or dealer shall sell or deliver any handgun to another person, other than a licensed importer, manufacturer, dealer, or collector, until he has inspected a valid certificate issued to such person and inspected a valid identification containing a photograph of such person; or 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), and inspected a valid identification containing a photograph of such person, and requested by means of a toll-free telephone call that the Nebraska State Patrol conduct a criminal history record check, and have received from the Nebraska State Patrol a unique approval number for such inquiry indicating the date and number on the consent form.

The fee for the instant check is $3.00. The instant check may be used in place of the certificate. Exempt from the instant check are importers, manufacturers, collectors, and dealers.

It is unlawful for a person under 18 years of age to possess a handgun. This prohibition does not apply to a juvenile in the armed forces or the temporary loan of a handgun for instruction under the immediate supervision of a parent or guardian or adult instructor.

It is unlawful to knowingly and intentionally sell, loan, or in any other way transfer the possession of a firearm to a person under 18 years of age or to attempt to do so. This prohibition does not apply to the transfer of a firearm, other than a handgun:

• from a relative within the second degree of consanguinity (usually this describes a parent, grandparent, aunt or uncle of the child) or affinity (marriage) if the transfer of physical possession of the firearm does not occur until express permission has been obtained from the juvenile’s parent or guardian;
• for a legitimate and lawful shooting purpose; or
• to a juvenile who is under direct adult supervision in an appropriate educational program.

This prohibition also does not apply to the transfer of a handgun to a juvenile in the armed forces; or the temporary loan of a handgun for instruction under the immediate supervision of a parent or guardian or adult instructor.

• Machine gun
• Short rifles or short shotguns

State Statute or Definition: (28-109 Defined as weapon, but legal.)

• No restrictions

• Defaced firearms (i.e., altered, or removed, serial mark or identification number).
• Stolen firearms

No state permit is required to possess a rifle or shotgun.

It is unlawful for any person who has been convicted of a felony or who is a fugitive from justice to possess any firearm. It is unlawful for any person under 18 to possess a handgun or any other form of short-barreled hand firearm. Exempt from this prohibition are members of the armed forces and persons temporarily loaned such firearms for instruction under the immediate supervision of a parent or guardian or adult instructor.

It is unlawful to carry a weapon concealed on or about the person without a valid Concealed Handgun Permit. It is an affirmative defense that the accused was, at the time of carrying, engaged in any lawful business, calling or employment, and the circumstances in which such person was placed at the time were such as to justify a prudent person in carrying concealed for the defense of his person, property or family.

Nebraska only honors Iowa's Non-Professional Permit.

It is unlawful to carry a firearm in a state game refuge. An exception is made for transporting firearms by highway or railroad through the refuge.

Nebraska State Patrol offices will begin to issue and accept Concealed Handgun Permits (“CHP”) on January 1, 2006. Applicants will be issued a CHP provided that the applicant:

• is not prohibited from purchasing or possessing a handgun under Federal law
• is a resident of Nebraska
• submits two sets of fingerprints
• pays the fee of $100 ($50 for renewals)
• demonstrates that the applicant has the same powers of eyesight as required for a Class O operator’s (driver’s) license or, provides a licensed optometrist’s or ophthalmologist’s certified report and statement that applicant’s eyesight is sufficient to obtain a Class O operator’s license.
• shows proof that the applicant has completed, within 3 years of application, a course approved by Nebraska State Patrol, evidencing knowledge and competency with regard to:
  • handling a handgun and appropriate ammunition
  • demonstrating safe firing and handling
  • federal, state, and local laws pertaining to handguns, firearms, self-defense, various levels of assault, and justifiable homicide
  • proper storage of a firearm
  • techniques for avoiding violent confrontation
  • is over 21 years of age
  • must prove that they are a member of active, reserve, or National Guard military forces and has received, within three years of application, handgun training which would satisfy the above requirements.

A CHP holder may not carry a concealed handgun while consuming alcohol or while alcohol or any other controlled substance remains in the permit holder’s blood, urine, or breath (other than those substances lawfully obtained and therapeutically prescribed).

A CHP holder may not carry a concealed handgun in any of the following places:

• Police, sheriff, or State Patrol station or office
• Detention facility, prison, or jail
• Courtrooms and buildings containing courtrooms
• Polling place during a bona fide election
• Meeting of the Legislature or committee of the Legislature
• Financial institution (Bank)
• Professional, semi-professional, or collegiate athletic event
• School, school grounds, or school-owned vehicle, and at any school-sponsored activity or athletic event
• Place of worship
• Emergency room or trauma center
• Political rally or fundraiser
• An establishment with a liquor license deriving more than half its income from the sale of alcohol (bar)
• Any place where possession is prohibited under State or Federal law
• Any place where the owner or person in control of the place has prohibited the possession of permitted handguns and has posted conspicuous notice of the prohibition, or has directly and specifically requested that the permit holder remove any firearms from the premises. A permit holder may bring a permitted handgun onto such prohibiting premises in a vehicle, so long as the firearm remains in the vehicle.

In addition, an employer may prohibit the possession of permitted handguns in vehicles owned by the employer.

CHPs must be issued within 5 days of a successful criminal background check. Appeals of a denial of issuance must be directed to the district court of the county of residence or county of application. Permits are valid for 5 years from the date of issuance. A permit holder must notify law enforcement if he or she is carrying a handgun if “contacted” by law enforcement or emergency services personnel. A Permit holder must also answer truthfully that he or she is a permit holder, if asked by a law enforcement officer, regardless of whether or not he or she is currently carrying a firearm.

A list of applicants, permit holders, and related information is available to federal, state, and local law enforcement agencies. Such information is otherwise confidential and is not public record.

A machine gun is any firearm that shoots automatically more than one shot, without manual reloading, by a single function of the trigger. State law prohibits the transportation or possession of any machine guns. The prohibition does not apply to peace officers, members of the armed forces or persons qualified under the provisions of federal law relating to machine guns.

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 the 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. A certificate and instant check are not required to transfer an antique handgun.

It is unlawful to knowingly possess, receive, sell, or lease any firearm from which the manufacturer’s identification mark or serial number has been removed, defaced, altered, or destroyed. It is also unlawful to intentionally remove, deface, cover, alter, or destroy the manufacturer’s identification mark or serial number or other distinguishing numbers on any firearm.

It is unlawful to discharge any firearm or weapon using any form of compressed gas as a propellant from any public highway, road, or bridge. It is unlawful to intentionally discharge a firearm at an inhabited dwelling house, occupied building, occupied motor vehicle, occupied aircraft, or inhabited motor home.

It is unlawful to possess a firearm in a school, on school grounds, in a school owned vehicle, or at a school-sponsored activity or athletic event. This prohibition does not apply to: members of the armed forces, peace officers or other duly authorized law enforcement officers when on duty or training; firearms which may lawfully be possessed by the person receiving instruction, for instruction under the immediate supervision of an adult instructor; or firearms contained within a private vehicle operated by a non-student adult which are not loaded and are encased or are in a locked firearm rack that is on a motor vehicle.

Dealers of firearms shall distribute to all purchasers information developed by the Department of Health and Human Services regarding the dangers of leaving loaded firearms unattended around children.

Cities and towns may not regulate lawful concealed carry in compliance with the Concealed Handgun Permit Act.

NEB. REV. STAT. § 17-556. Public safety; firearms; explosives; riots; regulation

Cities of the second class and villages shall have power to prevent and restrain riots, routs, noises, disturbances, or disorderly assemblages; to regulate, prevent, restrain, or remove nuisances in residential parts of municipalities and to designate what shall be considered a nuisance; to regulate, punish, and prevent the discharge of firearms, rockets, powder, fireworks, or any other dangerous combustible material in the streets, lots, grounds, alleys, or about or in the vicinity of any buildings; to regulate, prevent, and punish the carrying of concealed weapons, except the carrying of a concealed handgun in compliance with the Concealed Handgun Permit Act; and to arrest, regulate, punish, fine, or set at work on the streets or elsewhere all vagrants and persons found without means of support or some legitimate business.

Nebraska Revised Statutes § 28-1204.04; 28-1204.03; 37-712; 69-2426; 79-263; 17-556.