Nebraska has a broad state preemption law that restricts local governments from enacting their own firearms regulations. The preemption statute was...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
Nebraska has a broad state preemption law that restricts local governments from enacting their own firearms regulations. The preemption statute was significantly expanded in 2023 through LB 77, the same legislation that established permitless (constitutional) concealed carry in the state. Nebraska law declares that the regulation of firearms ownership, possession, storage, transportation, sale, and transfer is a matter of statewide concern.
Neb. Rev. Stat. § 18-1703 provides that, notwithstanding the provisions of any home rule charter, counties, cities, and villages shall not have the power to:
Any county, city, or village ordinance, permit, or regulation that violates this preemption statute is declared null and void.
Under Nebraska law, state law preempts a local law in three circumstances (State ex rel. City of Alma v. Furnas County Farms, 667 N.W.2d 512, 522-23 (Neb. 2003)):
The Nebraska Supreme Court has held that the touchstone of preemption analysis is legislative intent, and that "an ordinance cannot prohibit what the Legislature has expressly licensed, authorized, or permitted" (Johnson v. Village of Polk, 319 Neb. 352 (2025)).
LB 77, which took effect September 10, 2023, both established permitless concealed carry and vastly expanded the state's firearm preemption law. The legislation further limited the exceptions available to local jurisdictions, making clear that firearms regulation is reserved to the state.
After LB 77 passed, the mayors of Omaha and Lincoln issued executive orders restricting concealed handgun possession in many public buildings and outdoor spaces, including parks, trails, and sidewalks. Both cities defended their orders as allowed by LB 77's carve-out for property owners and renters to restrict guns on properties they control. However, Nebraska Attorney General Mike Hilgers issued an opinion in December 2023 describing the cities' outdoor restrictions as illegal under state preemption law. The Nebraska Firearms Owners Association subsequently filed lawsuits against both cities, arguing that "state law preempts both the executive order and the new ordinances."
The preemption statute expressly grants only the following narrow authority to local jurisdictions:
| City Classification | Population | Authority |
|---|---|---|
| Metropolitan class (Neb. Rev. Stat. §§ 14-101, 14-102(6)) | 300,000+ | May punish and prevent the discharge of firearms, except at shooting ranges operating under the Nebraska Shooting Range Protection Act |
| Primary class (Neb. Rev. Stat. §§ 15-101, 15-255) | 100,000-300,000 | May prevent the discharge of firearms |
| First class (Neb. Rev. Stat. §§ 16-101, 16-227) | 5,000-100,000 | May prevent the discharge of firearms |
| Second class and villages (Neb. Rev. Stat. §§ 17-101, 17-556) | 800-5,000 (and villages) | May prevent the discharge of firearms in streets, lots, grounds, alleys, or about or in the vicinity of buildings |
Important: These exceptions relate only to the discharge of firearms, not to their possession, carrying, or transport.
Local regulation of handgun purchases enacted before September 6, 1991 remains valid notwithstanding state laws regulating the transfer of handguns (Neb. Rev. Stat. § 69-2425). The state recognizes that it has "a valid interest in the regulation of the purchase, lease, rental, and transfer of handguns" (Neb. Rev. Stat. § 69-2401).
The Nebraska Shooting Range Protection Act (Neb. Rev. Stat. § 37-1301 et seq., effective August 30, 2009) further restricts local authority over shooting ranges:
LB 77 included a carve-out allowing property owners and renters to restrict firearms on properties they control. This provision was cited by Omaha and Lincoln as justification for their executive orders restricting concealed carry on city-owned properties, though the scope and application of this exception remains subject to legal challenge.
| Statute | Subject |
|---|---|
| Neb. Rev. Stat. § 18-1703 | Primary firearms preemption statute |
| Neb. Rev. Stat. § 69-2425 | Grandfathering of pre-1991 local handgun purchase regulations |
| Neb. Rev. Stat. § 69-2401 | State interest in handgun transfer regulation |
| Neb. Rev. Stat. §§ 14-102, 15-255, 16-227, 17-556 | Limited local authority to regulate firearm discharge |
| Neb. Rev. Stat. §§ 37-1301 to 37-1310 | Nebraska Shooting Range Protection Act |
This page covers one part of our Nebraska concealed carry guide.
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