Nebraska Concealed Carry Firearm Laws

Nebraska: Gun Laws Summary

Nebraska is a shall-issue state, which means that permits are issued at the state level by the State Patrol Department. A handgun certificate or a concealed carry permit is required for any purchase of a handgun, even private sales. The city of Omaha requires handgun registration, although concealed handgun permit holders are exempt.

Open Carry in Nebraska

Open carry is legal without a permit in Nebraska for anyone at least 18 years of age that is not prohibited from possessing a firearm, although it may be restricted by local governments. For open carry in a vehicle, the firearm must be clearly visible. Some areas are off-limits, including schools. The city of Omaha requires individuals to possess a concealed carry permit to openly carry within the city.

Concealed Carry in Nebraska

Concealed carry is legal for residents with a Nebraska Concealed Handgun Permit (CHP) and for non-residents with a license/permit from a state Nebraska honors. The minimum age to obtain a CHP is 21 years old. Applicants must also complete a firearms training course. Permits are restricted to residents and military personnel and their spouses stationed in Nebraska. The city of Lincoln prohibits the possession of a firearm by anyone who has been convicted of certain misdemeanors within the last 10 years, including stalking, violation of an order of protection, sexual assault and public indecency.

Use of Force for Protection of Property

The use of force is justifiable when the actor believes that such force is immediately necessary to prevent or terminate an unlawful entry or other trespass upon land or a trespass against or the unlawful carrying away of tangible, movable property, or to effect an entry or re-entry upon land or to retake tangible movable property. (Neb. Rev. Stat. §§ 28-1409, 28-1410 and 28-1411)

Self-Defense

Nebraska is a Castle Doctrine state. There is no duty to retreat while in a person’s dwelling or workplace. Present law requires citizens, if outside their homes, vehicles or outbuildings, to retreat before protecting themselves or family against violent intruders.

Use of Force for Protection of Other Persons

The use of force is justifiable to protect a third person when the actor would be justified in using such force to protect himself or herself against the injury he or she believes to be threatened to the person whom one seeks to protect, under the circumstances the person whom he or she seeks to protect would be justified in using such protective force, and the actor believes that his or her intervention is necessary for the protection of such other person. A person is not required to retreat before using force in the protection of another person against the use of unlawful force unless one knows that he can thereby secure the complete safety of such other person. (NRS 28-1413)

Use of Force in Self-Protection

The use of force upon or toward another person is justifiable when the actor believes that such force is immediately necessary to protect himself against the use of unlawful force by such other person on the present occasion, when the actor believes that such force is necessary to protect himself against death, serious bodily harm, kidnapping or sexual intercourse compelled by force or threat, or to resist force used by the occupier or possessor of property if the actor has been unlawfully dispossessed of the property and is making a re-entry or recapture justified by section 28-1411 or the actor believes that such force is necessary to protect himself against death or serious bodily harm. The use of deadly force is not justifiable if the actor provoked the use of force against himself or herself in the same encounter, or the actor knows that he can avoid the necessity of using such force with complete safety by retreating, surrendering possession of an item or by complying with a demand that he or she abstain from any action which one has no duty to take, except that the actor shall not be obliged to retreat from his or her dwelling or place of work, unless the person was the initial aggressor or is assailed in the place of work by another person whose place of work the actor knows it to be.

Nebraska: Gun Laws at a Glance


Open Carry	Yes, without a permit for anyone at least 18 years of age that is not prohibited from possessing a firearm. State preemption allows local governments to regulate the open carry of firearms. In the city of Omaha, a concealed carry permit is required.
Concealed Carry Permit Issuance	Nebraska is a shall issue state.
Minimum Age for Concealed Carry Permit	You must be at least 21 years old to get a concealed carry permit in Nebraska.
Concealed Carry of Weapons Other Than Handguns	No. A concealed carry permit does not allow the carry of weapons other than handguns.
Tasers and Stun Guns	Yes. Stun guns and Tasers are legal to purchase and possess without a permit.
Chemical Spray/Pepper Spray	Yes. There is no statute prohibiting the purchase or use of pepper spray in Nebraska.
Magazine Capacity Restrictions	No. Nebraska does not have magazine capacity restrictions.
Ammunition Restrictions	No. Nebraska does not have ammunition restrictions.
Constitutional Carry	No. Nebraska does not allow constitutional carry. On April 25, 2023, Gov. Jim Pillen (R) signed LB 77 into law, making Nebraska the 27th constitutional carry state in the U.S. The new law will go into effect 90 days after the legislative session ends.

Nebraska: Carry Locations


Carrying a concealed firearm in state/national parks, state/national forests and Wildlife Management Areas	Yes, with a Nebraska Concealed handgun permit or a license/permit from a state Nebraska honors, unless posted. [Neb. Rev. Stat. § 69-2441]
Carrying a concealed firearm in bars and restaurants that serve alcohol	You can concealed carry in the restaurant area of an eatery that serves alcohol with a Nebraska concealed carry permit or a permit/license from a state that Nebraska honors, unless posted and provided you consume no alcohol. Concealed carry is not allowed in bars or the bar areas of restaurants. [Neb. Rev. Stat. § 69-2441]
Storing firearms in private vehicles in an employee parking lot	Nebraska law allows a concealed handgun permit holder to carry a concealed handgun in a vehicle even in the parking area of a location where concealed handgun possession is generally prohibited. The only requirement is that, prior to exiting the vehicle, the permit holder must lock the handgun inside the glove box, trunk or other compartment of the vehicle, or a storage box securely attached to the vehicle. [Neb. Rev. Stat. § 69-2441(3)]
Carrying a concealed firearm at roadside rest areas	Yes, with a Nebraska Concealed handgun permit or a license/permit from a state Nebraska honors.
Carrying or possessing a firearm on hotel property	Any private business may prohibit a permitholder from carrying a concealed handgun into or onto the place or premises. The property must be posted with conspicuous notice that carrying a concealed handgun is prohibited or a request made that the permitholder remove the concealed handgun from the place or premises. The individual hotel should be contacted to inquire about its concealed carry policy. See the Handguns at Hotels page for additional information. [Neb. Rev. Stat. § 69-2441(1)(a)]
Carrying a concealed handgun in a vehicle	Yes, you can carry a loaded handgun in a vehicle without a permit if it is in plain sight. Some cities, such as Omaha, have ordinances on carrying firearms in a vehicle without a permit. Based on the Governor’s signing of LB 236, as of August 26, 2021, a person without a permit who is not prohibited from possessing a firearm will be able to transport a firearm to, or from, any location where it can be lawfully possessed, carried, and used, provided it is unloaded, kept separate from ammunition and stored in a case. [Neb. Rev. Stat. § 69-2441(3)][Omaha Ordinance Sec. 20-206]

Nebraska: Key State Laws


Preemption Laws	Nebraska has preemption over regulating firearms, except cities of the second class (populations of 800 - 5,000) and villages may regulate the discharge of firearms and regulate, prevent, and punish the carrying of concealed weapons consistent with the Concealed Handgun Permit Act. [Neb. Rev. Stat. § 17-556][Neb. Rev. Stat. § 18-1703]
Red Flag Law	Nebraska does not have a red flag law.
Concealed Carry Permits for Non-Residents	Nebraska issues concealed carry permits to military personnel and their spouses, who are treated as residents.
Access to Concealed Carry Registry Information	The public cannot access concealed carry registry information through public records law. Law enforcement has access to the information.
Duty to Notify Law Enforcement	There is a duty to inform a law enforcement officer that you’re carrying a concealed firearm in Nebraska. [Neb. Rev. Stat. § 69-2440]
Link Between Driver’s License and Carry Permit	Your Nebraska driver’s license is linked to your Nebraska concealed handgun permit. Therefore, a law enforcement officer will be notified immediately that you are a concealed carry permit holder if they run your driver’s license.
Carrying a Concealed Firearm While Using Alcohol or a Controlled Substance	It is not legal to carry a concealed firearm while consuming or while the permit holder has remaining in his or her blood, urine or breath any previously consumed alcohol or any controlled substance, as defined in Neb. Rev. Stat. § 28-401. A permitholder does not violate this subsection if the controlled substance in his or her blood, urine, or breath was lawfully obtained and was taken in therapeutically prescribed amounts. As a responsibly armed American, regardless of the laws in your state, it is unwise to carry while under the influence of any substance that could impair your judgement, slow your reaction times or impact your decision-making abilities. Any decision you make while carrying a firearm could have life-altering consequences.
Violation of a Concealed Carry Sign	Any place open to the public must post conspicuous notice that carrying a concealed handgun is prohibited in or on the place, or make a request that the permit holder remove the concealed handgun from the place or premises. [Neb. Rev. Stat. § 69-2441][Neb. Rev. Stat. § 69-2443]
Definition of Brandishing	Nebraska law does not define brandishing. A person commits the offense of assault in the third degree if he intentionally, knowingly or recklessly causes bodily injury to another person, or threatens another person in a menacing manner. [Neb. Rev. Stat. Ann. § 28-310]

Nebraska: Handgun Purchase and Possession


Background Checks for Private Gun Sales	Yes. A person acquiring a handgun must have either a handgun certificate or a concealed handgun permit and has therefore been subject to a background check. Exceptions include transfers between a person and his or her spouse, sibling, parent, child, aunt, uncle, niece, nephew, or grandparent or if the person acquiring the handgun is a holder of a Nebraska CHP. [Neb. Rev. Stat. § 69-2403]
Nebraska Concealed Carry Permit and Background Checks	Yes. [Neb. Rev. Stat. § 69-2433]
Waiting Period for Handgun Purchases	No. Nebraska does not have a waiting period after purchasing a handgun.
Handgun Registration	Although there is no statewide registration, 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.
Minimum Age for Possession and Transport of Handguns	18 years old. This does not apply to the temporary loan of handguns for instruction under the immediate supervision of a parent or guardian or adult instructor. [Neb. Rev. Stat. § 28-1204.01]
Possession and Carry of Handguns in the Home	Yes. A permit is not required for anyone legally entitled to carry a firearm to carry a concealed weapon if the circumstances justify a prudent person in carrying the weapon for he defense of his or her person, property, or family. [Neb. Rev. Stat. 28-1202(1)(b)]
Handgun Purchase Process	To purchase, rent, lease or receive a handgun in Nebraska, whether through a licensed firearms dealer or a private transaction, you must possess a Firearm Purchase Certificate. Transfers between members of the same family are excluded from this requirement. A certificate is not required if the person acquiring a handgun is a licensed firearms dealer, is doing so on behalf of a law enforcement agency, if the purchaser possesses a valid Nebraska Concealed Handgun Permit, or the transfer is temporary and the transferee remains in the immediate vicinity of the transferor or within the premises of an established shooting facility. This certificate must be obtained through your local county sheriff’s office and is valid for 3 years from the date it is issued. It does not restrict the number of firearms a holder may purchase. A permit will be issued within 3 days. In order to apply you will need to present a valid Nebraska driver’s license or state-issued ID card and pay an application fee. The minimum age to apply for a Firearms Purchase Certificate is 21.