Under Influence | Nebraska Concealed Carry

Carrying Under the Influence

Nebraska law strictly prohibits carrying a concealed handgun while under the influence of alcohol or controlled substances. This applies to all persons carrying concealed, whether under permitless carry or with a Concealed Handgun Permit (CHP).

Statutory Prohibition

Under Neb. Rev. Stat. §28-1202.02, a person shall not carry a concealed handgun while:

• Actively consuming alcohol, or
• Having any previously consumed alcohol remaining in their blood, urine, or breath, or
• Having any controlled substance (as defined in Neb. Rev. Stat. §28-401) remaining in their blood, urine, or breath

This is a zero-tolerance standard - any detectable amount of alcohol or controlled substance in the body while carrying concealed is a violation. There is no minimum blood alcohol concentration (BAC) threshold.

Exceptions

The law provides three specific exceptions:

1. Prescription medications: A person does not violate this section if the controlled substance was lawfully obtained and was taken in therapeutically prescribed amounts (§28-1202.02(2))

2. Unloaded transport in a vehicle: A person does not violate this section if:

   • The handgun is being stored or transported in a motor vehicle for any lawful purpose, or transported directly to/from a motor vehicle to/from any place where it may be lawfully possessed
   • AND the handgun is unloaded, kept separate from ammunition, and enclosed in a case (§28-1202.02(3))

3. Law enforcement: Qualified law enforcement officers and qualified retired law enforcement officers carrying pursuant to 18 U.S.C. §926B or §926C (LEOSA) are exempt (§28-1202.02(4))

Penalties

Key Points for Permit Holders

• The prohibition applies regardless of whether you hold a CHP or are carrying under Nebraska's permitless carry law
• Unlike DUI laws, there is no specific BAC threshold - any detectable alcohol triggers a violation
• If you have consumed alcohol and need to transport your handgun, it must be unloaded, separate from ammunition, and in a case
• Lawful prescription medications taken as directed are not a violation, but illicit controlled substances of any amount are prohibited

Relevant Statutes

• Neb. Rev. Stat. §28-1202.02 - Carrying concealed handgun; consumption of alcohol or controlled substance; effect; applicability; violation; penalty
• Neb. Rev. Stat. §28-401 - Controlled substances definitions
• Neb. Rev. Stat. §28-106 - Misdemeanor classification of penalties

Sources

• Nebraska Legislature, Neb. Rev. Stat. §28-1202.02
• Nebraska State Patrol, Concealed Handgun Permits
• Douglas County Sheriff's Office, Gun Permits