Constitutional Carry in Nebraska: What the Law Allows

Constitutional Carry in Nebraska

Nebraska is a constitutional carry state, meaning eligible individuals may carry a concealed handgun without a permit.

Legislative Background

• Bill: LB 77, introduced by Senator Tom Brewer
• Signed into law: April 26, 2023, by Governor Jim Pillen
• Effective date: September 2, 2023
• Statutory authority: Neb. Rev. Stat. § 28-1202; Neb. Rev. Stat. § 69-2441(1)

Nebraska joined over two dozen other states in adopting permitless concealed carry with the passage of LB 77.

Eligibility Requirements

• Must be 21 years of age or older
• Must be a law-abiding citizen - not a prohibited person under state or federal law
• It is the individual's responsibility to determine whether they are a prohibited person; the Nebraska State Patrol advises individuals to request their Nebraska criminal history or seek private legal counsel if uncertain about eligibility

Key Provisions

• Eligible persons may carry a concealed handgun without obtaining a Concealed Handgun Permit (CHP)
• The CHP program remains available for those who wish to obtain a permit (e.g., for reciprocity with other states)
• No refunds are issued for previously obtained CHPs or pending CHP applications following the enactment of LB 77

Vehicles

• Nebraska law addresses firearms in vehicles under Neb. Rev. Stat. § 28-1202(3) and § 28-1202.01
• Additional provisions apply under Neb. Rev. Stat. § 28-1204.04(1) and § 69-2441(4)
• Snowmobile and all-terrain vehicle provisions are covered under Neb. Rev. Stat. § 37-522
• Transport on highways is addressed in Neb. Rev. Stat. §§ 60-6,342 and 60-6,344

Reciprocity & Travel Warning

The Nebraska State Patrol explicitly warns that other states may not recognize Nebraska's constitutional carry law. Each state has its own requirements governing concealed carry. Individuals traveling out of state are responsible for knowing and complying with the laws of the state they are visiting. A Nebraska CHP may still be necessary for reciprocity recognition in states that require a permit.

Prohibited Persons

Individuals who are prohibited from possessing firearms under state or federal law may not carry concealed under constitutional carry. Prohibitions may include (but are not limited to):

• Felony convictions
• Certain misdemeanor convictions (including domestic violence)
• Persons subject to protection orders
• Persons adjudicated as mentally ill or committed to a mental institution
• Persons who are unlawful users of controlled substances

Relevant statutes governing disqualifications include Neb. Rev. Stat. §§ 69-2430 through 69-2439.

Concealed Handgun Permit (Still Available)

Although a permit is no longer required, Nebraska continues to issue CHPs through the Nebraska State Patrol. Reasons to obtain a CHP include:

• Reciprocity with other states that honor Nebraska permits
• Streamlined background checks when purchasing firearms
• Compliance when traveling to states that do not recognize permitless carry

CHP requirements, application procedures, and renewal processes remain governed by Neb. Rev. Stat. §§ 69-2429 through 69-2448.

Key Statute References