Nebraska Weapon Restrictions for Concealed Carry

Overview

Nebraska adopted permitless concealed carry (constitutional carry) effective September 10, 2023, allowing most adults 21 and older to carry a concealed handgun without a permit. However, significant restrictions remain regarding who may carry, where firearms may be carried, what weapons are covered, and conduct while carrying. The state also retains its Concealed Handgun Permit (CHP) system for reciprocity and other benefits.

Primary statutes: Neb. Rev. Stat. §§ 28-1201 through 28-1212.04; §§ 69-2427 through 69-2448

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Prohibited Persons

Both federal and Nebraska state law define categories of individuals who are prohibited from carrying concealed weapons.

Federal Prohibited Persons (18 U.S.C. § 922)

As referenced in Neb. Rev. Stat. § 69-2433, the following persons are federally prohibited from possessing firearms:

• Felony conviction - Conviction in any court of a crime punishable by imprisonment for more than one year (generally felony offenses)
• Fugitives from justice
• Unlawful users of or persons addicted to controlled substances - As defined under 21 U.S.C. § 802; does not necessarily require a conviction but must be within the past year
• Persons adjudicated as mentally defective or committed to a mental institution - Includes findings of Not Guilty by Reason of Insanity or Incompetent to Stand Trial; does not include temporary Emergency Protective Custody (EPC); no time limits apply
• Illegal or unlawful aliens - Does not disqualify persons holding a Permanent Resident Alien card
• Nonimmigrant visa holders - Except as provided by 18 U.S.C. § 922(y)(2)
• Persons dishonorably discharged from the Armed Forces
• Persons who have renounced United States citizenship
• Persons subject to qualifying domestic restraining/protective orders - The order must have been issued after a hearing with actual notice and opportunity to participate, must include a finding of credible threat, and must explicitly prohibit the use of physical force
• Persons convicted of a misdemeanor crime of domestic violence
• Persons under indictment for a crime punishable by imprisonment exceeding one year

Source: Nebraska State Patrol CHP FAQ; 18 U.S.C. § 922; Neb. Rev. Stat. § 69-2433

Nebraska State Prohibited Persons

Under Nebraska state law, the following additional categories of persons are prohibited from possessing or carrying firearms:

• Felony conviction (state or out-of-state convictions apply)
• Fugitives from justice
• Persons subject to a current domestic violence protection order, harassment protection order, or sexual assault protection order who are knowingly violating the order
• Persons on probation pursuant to a deferred judgment on a felony charge
• Persons with a domestic violence misdemeanor conviction within the last seven years

Out-of-state convictions apply equally to Nebraska's prohibited person designations.

Source: Douglas County Sheriff's Office; Neb. Rev. Stat. §§ 28-1206, 28-1202

Personal Responsibility to Know Status

It is the individual's responsibility to know whether they are a prohibited person under state or federal law. Nebraska criminal history records can be requested from the Nebraska State Patrol.

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Prohibited Weapons for Concealed Carry

Weapons Prohibited for Minors and Prohibited Persons

Under Neb. Rev. Stat. § 28-1202(1), a minor or prohibited person shall not carry concealed:

• Handguns
• Knives
• Brass or iron knuckles
• Any other deadly weapon

Penalties:

• First offense: Class I misdemeanor
• Second or subsequent offense: Class IV felony

Restricted Weapon Types

Under Neb. Rev. Stat. § 28-1203, the following weapons are generally prohibited from transportation or possession:

• Machine guns
• Short rifles (rifles with barrels less than 16 inches)
• Short shotguns (shotguns with barrels less than 18 inches)

Exceptions exist for certain lawful purposes under federal law (NFA-registered items).

Defaced Firearms

• Possession of a firearm with an altered, removed, or obliterated serial number is a criminal offense (Neb. Rev. Stat. § 28-1207)
• Defacing a firearm (altering/removing identifying marks) is separately prohibited (Neb. Rev. Stat. § 28-1208)

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Location Restrictions

Under Neb. Rev. Stat. § 28-1202.01, carrying a concealed handgun is prohibited in certain locations. Key restricted locations include:

• Schools and school grounds - Possession of a firearm at a school is a separate offense under Neb. Rev. Stat. § 28-1204.04
• Posted private property - Property owners may post signage prohibiting concealed carry on their premises
• Certain government buildings and facilities
• Other locations as specified by statute

Note: The full list of prohibited locations is detailed in Neb. Rev. Stat. § 28-1202.01. Violating location restrictions carries criminal penalties.

Vehicles

• Nebraska law addresses firearms in vehicles under Neb. Rev. Stat. §§ 28-1202(3), 69-2441(4), and 60-6,342 through 60-6,344
• The presence of a firearm in a motor vehicle may constitute prima facie evidence of possession (Neb. Rev. Stat. § 28-1212)

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Conduct Restrictions While Carrying

Alcohol and Controlled Substances

Under Neb. Rev. Stat. § 28-1202.02, a person carrying a concealed handgun:

• May not be under the influence of alcohol or a controlled substance while carrying concealed
• Violation constitutes a separate criminal offense

Identification Requirements

Under Neb. Rev. Stat. § 28-1202.03:

• A person carrying a concealed handgun must carry an identification document
• Failure to carry proper identification while carrying concealed is a criminal offense

Contact with Law Enforcement

Under Neb. Rev. Stat. § 28-1202.04:

• Specific procedures for securing a handgun apply during contact with peace officers or emergency services personnel
• Violation of these procedures carries criminal penalties

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Age Restrictions

• Concealed carry (permitless): Must be 21 years of age or older (Neb. Rev. Stat. § 69-2441)
• Handgun possession: Must be 18 years of age to possess a handgun (Neb. Rev. Stat. § 28-1204)
• Handgun purchase from dealer: Must be 21 years of age
• Long gun purchase: Must be 18 years of age
• Unlawful transfer of a firearm to a juvenile is prohibited (Neb. Rev. Stat. § 28-1204.01)

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Using a Firearm During Commission of a Crime

Under Neb. Rev. Stat. § 28-1205:

• Use of a deadly weapon to commit a felony is a separate and distinct offense
• Possession of a deadly weapon during commission of a felony is separately charged
• Carrying a firearm or destructive device during commission of a dangerous misdemeanor carries additional penalties
• Discharging a firearm from a public highway, road, or bridge is prohibited (Neb. Rev. Stat. § 28-1335)
• Unlawful discharge of a firearm within certain cities and counties carries separate penalties (Neb. Rev. Stat. § 28-1212.04)

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Concealed Handgun Permit (CHP) System

While permitless carry is now available, Nebraska maintains its CHP system. Permit-related restrictions include:

• Training requirement: Applicants must complete an approved handgun training and safety course (Neb. Rev. Stat. § 69-2432)
• Background check: Full state and federal criminal background check required (Neb. Rev. Stat. § 69-2433)
• Permit suspension/revocation: Permits may be suspended or revoked for disqualifying events (Neb. Rev. Stat. §§ 69-2435, 69-2439)
• Reciprocity: Nebraska recognizes valid concealed carry permits from other states (Neb. Rev. Stat. § 69-2448)
• Permit confidentiality: CHP holder information is not public record (Neb. Rev. Stat. § 84-712.05(21))

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Additional Restrictions

Prohibited Juvenile Offenders

Under Neb. Rev. Stat. § 28-1204.05, certain juvenile offenders are prohibited from possessing firearms. A reinstatement process exists through the courts.

Stolen Firearms

Knowing possession of a stolen firearm is a criminal offense (Neb. Rev. Stat. § 28-1212.03).

Domestic Violence Provisions

Nebraska has enacted several provisions addressing firearms and domestic violence:

• Prohibition for domestic abusers under restraining orders - State law bars domestic abusers from possessing firearms while subject to restraining orders
• Relinquishment requirement - Domestic abusers must turn in firearms when a restraining order is placed
• Convicted domestic abusers - Barred from firearm possession after a misdemeanor conviction; Nebraska's law covers abusive dating partners ("boyfriend loophole" closed)
• Relinquishment for convicted domestic abusers - Required to surrender firearms after misdemeanor conviction

Mental Health Provisions

• Nebraska bars gun possession by persons who have been involuntarily committed or found to be a danger to self or others
• Officials are allowed (but not required) to report prohibiting mental health records into the background check system

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Key Statute References

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This information is compiled from official Nebraska government sources including the Nebraska State Patrol, Douglas County Sheriff's Office, Nebraska Legislature statutes, and federal ATF guidance. Laws are subject to change. Consult current statutes and legal counsel for the most up-to-date information.

Last reviewed: April 2026