Nebraska does not have a Red Flag Law or Extreme Risk Protection Order (ERPO) statute.
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
Nebraska does not have a Red Flag Law or Extreme Risk Protection Order (ERPO) statute.
As of April 2026, Nebraska has not enacted legislation authorizing courts to issue Extreme Risk Protection Orders - sometimes called "red flag" orders - that would allow law enforcement or family members to petition for the temporary removal of firearms from individuals deemed to pose a risk to themselves or others.
A 2026 study published in JAMA Health Forum explicitly categorized Nebraska among states that "had no existing ERPO laws and passed no new firearm legislation from 2016 to 2022," using Nebraska as a comparison state against states that had enacted ERPO laws.
Source: Extreme Risk Protection Orders and Firearm and Nonfirearm Suicides study (JAMA Health Forum, January 2, 2026) - vivo.weill.cornell.edu
While Nebraska lacks a dedicated ERPO/red flag law, the state does provide firearm restriction mechanisms through its protection order system. Nebraska offers three types of protection orders, one of which can include firearm prohibitions:
A court may order the respondent to be prohibited from possessing or purchasing a firearm as defined by Neb. Rev. Stat. §28-1201. This relief is available as part of a Domestic Abuse Protection Order, which covers relationships including:
Additional relief available under a Domestic Abuse Protection Order includes:
Source: Nebraska State Patrol - Protection Orders (statepatrol.nebraska.gov/services/protection-orders)
Available to any victim of sexual assault. Does not specifically include firearm prohibition provisions, but may include orders prohibiting restraint, threats, assault, and contact.
Available to any victim of harassment. Does not specifically include firearm prohibition provisions, but may include orders prohibiting harassment, threats, assault, and contact.
Under federal law (18 U.S.C. §922(g)(8)), individuals subject to qualifying domestic violence protection orders are prohibited from possessing firearms, regardless of whether the state protection order specifically addresses firearms. This federal prohibition applies in Nebraska.
The Nebraska Department of Veterans' Affairs distinguishes between court-ordered firearm removal (via ERPOs in states that have them) and voluntary firearm storage, noting:
"Voluntary firearm storage is different from removal of firearms required by Extreme Risk Protection Orders (ERPOs) or 'Red Flag Laws'. With ERPOs, a person who a court rules is at high risk of harming themselves or others must relinquish all firearms and may not purchase any until the ERPO expires. In voluntary storage, a firearm owner and his/her family chooses to temporarily store firearms away from home, with no official involvement of a court or law enforcement officials (unless law enforcement provides the storage). Voluntary approaches are generally preferred by firearm owners, with ERPOs an option if other efforts fail."
Source: Nebraska Department of Veterans' Affairs - Lethal Means Safety (veterans.nebraska.gov/lethalmeans)
| Statute | Subject |
|---|---|
| Neb. Rev. Stat. §42-903 | Domestic abuse definition and protection order eligibility |
| Neb. Rev. Stat. §28-1201 | Definition of firearm (referenced in protection order firearm prohibition) |
| Neb. Rev. Stat. §§28-318 to 28-320.01 | Sexual assault definitions |
| Neb. Rev. Stat. §28-311.09 | Harassment definition |
Protection orders may be filed with the court at no cost and without an attorney. The Nebraska State Patrol recommends utilizing a Victim Advocate from a local Victim Assistance Program or Domestic Violence/Sexual Assault Victim Advocacy Program when preparing to file. It is a criminal offense to violate the terms and conditions of a protection order.
Resources:
Note: This information is for reference purposes only and does not constitute legal advice. Laws are subject to change. Consult a qualified attorney for legal guidance specific to your situation.
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