Where You Cannot Carry in Nebraska: Prohibited Places

Prohibited Places for Concealed Carry in Nebraska

Primary Statute: Neb. Rev. Stat. § 28-1202.01 | Administrative Code: 272 Neb. Admin. Code, ch. 21, § 016

Overview

Since September 2, 2023 (LB 77), Nebraska is a permitless carry state. Any person aged 21 or older who is not a prohibited person may carry a concealed handgun anywhere in Nebraska, with or without a permit. However, concealed carry remains prohibited in specific locations defined by statute, regardless of permit status.

Statutorily Prohibited Locations

Under Neb. Rev. Stat. § 28-1202.01(3), a person shall not carry a concealed handgun into or onto any of the following:

1. Law Enforcement Facilities - Police, sheriff, or Nebraska State Patrol station or office

2. Correctional Facilities - Any detention facility, prison, or jail

3. Courts - Any courtroom or building which contains a courtroom

4. Polling Places - Any polling place during a bona fide election

5. Government Meetings - Meetings of the governing body of a county, public school district, municipality, or other political subdivision

   • Note: The prohibition applies to the meeting itself, not necessarily the entire building. However, those in charge of the building may choose to post the entire building as prohibited. (Nebraska State Patrol FAQ)

6. Legislative Meetings - Meetings of the Legislature or a committee of the Legislature

7. Financial Institutions - As defined by Neb. Rev. Stat. § 8-101(12)

8. Athletic Events - Professional or semiprofessional athletic events

9. Schools & Educational Institutions - Any building, grounds, vehicle, or sponsored activity or athletic event of:

   • Any public, private, denominational, or parochial elementary, vocational, or secondary school
   • A private postsecondary career school as defined in Neb. Rev. Stat. § 85-1603
   • A community college
   • A public or private college, junior college, or university
   • Note: Legislative debate indicates the Legislature intended this to include trade schools, preschools, beauty schools, and "all types of educational enterprises." (Nebraska State Patrol FAQ)
   • See also: Neb. Rev. Stat. § 28-1204.04 (unlawful possession of a firearm at a school)

10. Places of Worship - Churches, synagogues, mosques, or other primary places of worship

    • Broadly construed to include classrooms, social halls, reading rooms, fellowship rooms, atriums, libraries, bride's rooms, music rooms, parish halls, and other buildings on the campus of a church complex. (Nebraska State Patrol FAQ; legislative floor debate)

11. Medical Facilities - Any hospital, emergency room, or trauma center

12. Political Events - Any political rally or fundraiser

13. Bars & Liquor Establishments - Any establishment having a license issued under the Nebraska Liquor Control Act that derives over one-half of its total income from the sale of alcoholic liquor

14. Federally or State-Prohibited Areas - Any place where the possession or carrying of a firearm is prohibited by state or federal law

15. Other State-Prohibited Places - Any other place or premises where handguns are prohibited by state law

Private Property Restrictions

Under § 28-1202.01(2), a person shall not carry a concealed handgun into or onto any place or premises where the person, entity, or employer in control has prohibited concealed carry.

• Posting Requirement: For places open to the public, a person does not violate the law unless the property controller has either:
  • Posted conspicuous notice that concealed carry is prohibited, or
  • Made a direct request (or through authorized representative) that the person remove the concealed handgun
• Recommended Signage: The Nebraska State Patrol recommends a standardized sign featuring a 4-inch circle with a slash covering a handgun, posted at normal eye level (54"-66" from the floor) at each public entrance. A downloadable template is available from the State Patrol website. No specific sign design is legally mandated.
• Property Owner Rights: Property owners have the right to forbid weapons on their property. Violations may result in arrest on applicable firearm and/or trespassing charges. (Douglas County Sheriff)

Vehicle & Parking Exception

Under § 28-1202.01(6), a person carrying a concealed handgun may enter any parking area open to the public that serves a prohibited location, provided that:

• Prior to exiting the vehicle, the handgun is locked inside:
  • The glove box, trunk, or other compartment of the vehicle
  • A storage box securely attached to the vehicle
  • For motorcycles (other than autocycles): a hardened compartment securely attached to the motorcycle
• This exception does not apply where carrying into the parking area is prohibited by federal law

Employer-Owned Vehicles

Under § 28-1202.01(7), employers may prohibit employees or other persons from carrying concealed handguns in vehicles owned by the employer.

Security Personnel Exceptions

Financial Institutions (§ 28-1202.01(4)(a)): May authorize security personnel to carry concealed handguns while on duty, provided each security member:

• Is not prohibited by state law from possessing or carrying a concealed handgun
• Complies with §§ 28-1202.02 through 28-1202.04

Places of Worship (§ 28-1202.01(4)(b)): May authorize security personnel to carry concealed handguns on property, provided:

• Each security member meets the same requirements as financial institution security
• Written notice is given to the congregation
• For leased property, carrying does not violate the terms of the lease agreement

Law Enforcement Exception

Under § 28-1202.01(10), the prohibited places restrictions do not apply to:

• Qualified law enforcement officers carrying pursuant to 18 U.S.C. § 926B (LEOSA)
• Qualified retired law enforcement officers carrying pursuant to 18 U.S.C. § 926C

Penalties

Under § 28-1202.01(8):

• First offense: Class III misdemeanor (up to 3 months imprisonment and/or $500 fine)
• Second or subsequent offense: Class I misdemeanor (up to 1 year imprisonment and/or $1,000 fine)

Affirmative Defense

Under § 28-1202.01(9), it is an affirmative defense to a violation of the prohibited places statute that:

• The defendant was engaged in lawful business, calling, or employment, and
• The circumstances justified a prudent person in carrying a concealed handgun for defense of person, property, or family

This affirmative defense is not available if:

• The defendant refuses to remove the concealed handgun after a direct request from a person in control of the premises
• The violation involves § 28-1204.04 (firearms at schools)

Related Statutes

Emergency Situations

If a person carrying concealed is transported for treatment by emergency service personnel, the handgun must be turned over to a peace officer as soon as feasible. The peace officer will provide a receipt for the handgun. (Nebraska State Patrol FAQ)

How to Identify Prohibited Places

Prohibited places will either be found on the statutory list in § 28-1202.01 or posted with a sign. Places found on the statutory list are not required to post signs but may elect to do so for additional notice. (Nebraska State Patrol FAQ)

When encountering a prohibited place such as a posted business, the Nebraska State Patrol advises leaving the handgun secured in your vehicle.

Preemption & Local Ordinances

Neb. Rev. Stat. § 18-1703 establishes statewide preemption: counties, cities, and villages may not regulate the ownership, possession, storage, transportation, sale, or transfer of firearms except as expressly provided by state law, nor require registration of firearms.

Following LB 77's passage, both Omaha and Lincoln issued executive orders restricting concealed carry in certain public buildings and outdoor spaces (parks, trails, sidewalks), citing the statute's carve-out for property controllers. These orders were challenged in court in December 2023 by firearms rights groups, and the Nebraska Attorney General issued an opinion characterizing the outdoor restrictions as illegal. Litigation regarding the scope of municipal authority under the preemption statute may still be ongoing.

Note: This information is compiled from Nebraska state statutes, administrative code, and official government sources for educational reference purposes. Laws are subject to change. Consult an attorney for specific legal advice.