Gun laws in Nebraska

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Location of Nebraska in the United States

Gun laws in Nebraska regulate the sale, possession, and use of firearms and ammunition in the state of Nebraska in the United States.[1][2]

Summary table[]

Subject/Law Long Guns Hand Guns Relevant Statutes Notes
State permit required to purchase? No Yes Neb. Rev. Stat. § 69-2403 For handguns, a Firearm Purchase Permit (issued by the sheriff in the county of one's residence) or a Nebraska-issued Concealed Handgun Permit is required.
Firearm registration? No Yes Omaha, Neb., Code § 20-251 et seq.
Lincoln, Neb., Muni. Code § 9.36.030		 The City of Omaha requires the registration of all handguns. The City of Lincoln requires reporting of firearms sales other than long guns commonly used for sporting purposes.
Assault weapon law? No No
Magazine capacity restriction? No No
Owner license required? No No
Permit required for concealed carry? N/A Yes Neb. Rev. Stat. § 28-1202
Neb. Rev. Stat. § 69-2430		 Nebraska is a "shall issue" state for citizens and lawful permanent residents who are 21 years or older.
Permit required for open carry? No No May carry openly without permit, but it may be restricted by local governments. For open carry in a vehicle, the firearm must be clearly visible.
Castle Doctrine/Stand Your Ground law? No No
State preemption of local restrictions? No No Neb. Rev. Stat. § 14-102
Neb. Rev. Stat. § 15-255
Neb. Rev. Stat. § 16-227
Neb. Rev. Stat. § 17-556
Neb. Rev. Stat. § 18-1703
Neb. Rev. Stat. § 69-2425		 Nebraska has partial state preemption for most but not all firearms laws. Other than discharge ordinances, local firearms ordinances are preempted for individuals who hold a valid Concealed Handgun Permit (CHP). These local ordinances are still enforceable against non-permitholders.
NFA weapons restricted? No No Neb. Rev. Stat. § 28-1203
Neb. Rev. Stat. § 28-1220
Peaceable Journey laws? No No
Background checks required for private sales? No Yes Neb. Rev. Stat. § 69-2403 For handguns, a Firearm Purchase Permit (issued by the sheriff in the county of one's residence) or a Nebraska-issued Concealed Handgun Permit is required.
Duty to inform? No Yes Neb. Rev. Stat. § 69-2440
Purchase age restriction? No Yes Neb. Rev. Stat. § 69-2404 In addition to federal law, state law prohibits sales of handguns to those under 21, including in private transactions.

Nebraska laws[]

In Nebraska, to purchase a handgun, a permit to purchase is required. Rifles and shotguns are not subject to gun laws more restrictive than those at the federal level. As of January 1, 2007, Nebraska became the 48th state to legalize concealed carry; permits to carry are being issued by the Nebraska State Patrol. NFA firearms (machine guns, short barreled shotguns, short barreled rifles, and silencers) are legal to own as long as they are compliant with federal law.

Residents of the city of Omaha are required to register their handguns,[3] unless that resident possesses a State of Nebraska Concealed Handgun Permit.

In Lincoln, municipal code section 9.36.100 prohibits the possession of a firearm by anyone who has been convicted of certain misdemeanors within the last ten years. These include stalking, violation of an order of protection, impersonating a police officer, and public indecency.[4] The Lancaster County Sheriff will not issue a Nebraska permit to purchase a handgun if the applicant is a Lincoln resident and is prohibited by this law from possessing firearms.[5]

Some counties have adopted Second Amendment sanctuary resolutions.[6]

See also[]

  • Law of Nebraska

References[]

  1. ^ "State Gun Laws: Nebraska", National Rifle Association – Institute for Legislative Action. Retrieved September 18, 2015.
  2. ^ "Nebraska State Law Summary", Law Center to Prevent Gun Violence. Retrieved December 31, 2012.
  3. ^ Registering a Handgun, Omaha Police Department
  4. ^ "Chapter 9.36, Lincoln Municipal Code, City of Lincoln" (PDF). Retrieved November 23, 2011.
  5. ^ Handgun Certificates, City of Lincoln – Lancaster County Criminal Justice System[permanent dead link]
  6. ^ "Pending 'Red Flag' Bill Prompts Second Amendment Sanctuary Resolution in Morrill County". KTIC Radio. Retrieved February 4, 2020.
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