Duty to Inform - Nebraska

Nebraska is a "Duty to Inform" state. Concealed handgun permit holders and any person carrying a concealed handgun are legally required to immediately notify law enforcement or emergency services personnel of the firearm during any official contact.

Statutory Basis

The duty to inform is codified at Neb. Rev. Stat. § 28-1202.04. Related carry and identification requirements appear at Neb. Rev. Stat. §§ 28-1202.03, 69-2441.

What the Law Requires

1. Immediate Notification (Neb. Rev. Stat. § 28-1202.04(1))

"Whenever a person who is carrying a concealed handgun is contacted by a peace officer or by emergency services personnel, the person shall immediately inform the peace officer or emergency services personnel that the person is carrying a concealed handgun."

Key points:

• Notification must be immediate upon contact - do not wait to be asked.
• Applies to any person carrying a concealed handgun.
• Applies to contact with peace officers (law enforcement) and emergency services personnel (EMS, paramedics, fire personnel responding in an official capacity).

2. Officer Authority to Secure the Firearm (§ 28-1202.04(2))

During the contact, the peace officer or emergency responder may:

• Secure the handgun, or
• Direct the carrier to secure it,

for the duration of the contact, if the officer or responder determines it is necessary for the safety of any person present. The carrier must submit to the order to secure the handgun.

3. Photo ID Requirement (Neb. Rev. Stat. § 28-1202.03)

A person carrying a concealed handgun must carry a valid identification document and display it when asked by law enforcement or emergency personnel. Permit holders should also carry their Nebraska concealed handgun permit.

4. Transport Exception (§ 28-1202.04(5))

The duty to inform and the requirement to submit to securing the handgun do not apply when both of the following are true:

1. The person is storing or transporting the handgun in a motor vehicle for any lawful purpose, or transporting it directly to or from a motor vehicle to or from any place where it may be lawfully possessed or carried; AND
2. The handgun is:
   • Unloaded,
   • Kept separate from ammunition, and
   • Enclosed in a case.

If any of these conditions is not met (e.g., the handgun is loaded, or ammunition is in the same case), the duty to inform applies in full.

Practical Compliance Guidance

When stopped by law enforcement or approached by emergency personnel while carrying a concealed handgun:

1. Keep your hands visible (on the steering wheel during a traffic stop).
2. Immediately and verbally state, without being asked, that you are carrying a concealed handgun and state the location on your person or in the vehicle.
3. Present your permit and photo ID on request.
4. Do not reach for the firearm, your permit, or identification until instructed.
5. Comply fully with any order to secure the handgun - refusal is itself a violation.

Penalties for Non-Compliance

Failure to immediately inform a peace officer or emergency services personnel, or refusing to submit to an order to secure the handgun, is a violation of § 28-1202.04 and can result in:

• Criminal charges for carrying a concealed handgun in violation of Nebraska law (Neb. Rev. Stat. § 28-1202).
• Suspension or revocation of the concealed handgun permit under Neb. Rev. Stat. §§ 69-2435 and 69-2439.

Scope of the Duty

By its terms, § 28-1202.04(1) applies to "a person who is carrying a concealed handgun" - the statute is triggered by the act of carrying, and its text does not distinguish between residents and non-residents or between permit holders and other lawful carriers. Any person lawfully carrying a concealed handgun in Nebraska should comply with the notification requirement during contact with a peace officer or emergency services personnel.

Quick Reference

Sources

• Nebraska Revised Statutes § 28-1202.04 (Duty to inform; officer authority; transport exception)
• Nebraska Revised Statute § 28-1202.03 (Photo ID requirement)
• Douglas County Sheriff - Gun Permits: https://sheriff.douglascounty-ne.gov/gun-permits
• Nebraska State Patrol: https://statepatrol.nebraska.gov
• Giffords Law Center - Concealed Carry in Nebraska
• U.S. LawShield - Nebraska Gun Law Database

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This guide is for informational purposes only and is not legal advice. Concealed carry law changes frequently - always verify the current text of Neb. Rev. Stat. § 28-1202.04 and consult a Nebraska-licensed attorney for specific situations.