Nebraska Gun Law Summary

Rifles and Shotguns
  • Permit to purchase rifles and shotguns? No
  • Registration of rifles and shotguns? No
  • Licensing of owners of rifles and shotguns? No
  • Permit to carry rifles and shotguns? No

Handguns

  • Permit to purchase handgun? No
  • Registration of handguns? No
  • Licensing of owners of handguns? No
  • Permit to carry handguns? Yes as of Jan. 1, 2007.

Purchase

Handgun means any firearm with a barrel less than sixteen inches in length or any firearm designed to be held and fired by the use of a single hand. To purchase, receive, or sell a handgun, a certificate is required, unless:
  • The transferee is a federally licensed firearms dealer.
  • It is an antique handgun.
  • The transfer is to a law enforcement agency.
  • It is a temporary transfer and the transferee remains:
    • In the line of sight of the transferor or
    • Within the premises of an established shooting facility, or
    • The transfer is between a person and his or her spouse, sibling, parent, child, aunt, uncle, niece, nephew, or grandparent.

Application for the certificate may be made in person or by mail with the sheriff or police chief of the applicant's place of residence. A background check is conducted within two days.

A fee of $5.00 shall be charged for a criminal history record check. Upon receipt of the application, the chief of police or sheriff shall, within two days, issue the certificate or furnish the applicant the specific reasons for the denial in writing.

A certificate shall be issued if the applicant is 21 or older and is not prohibited by law from purchasing or possessing a handgun. The certificate is valid throughout the state for 3 years to purchase any number of handguns. No civil liability shall arise to any law enforcement agency that complies with the statute.

Any person denied a certificate, whose certificate is revoked, or who has not been issued a certificate upon expiration of the two-day period may appeal within 10 days of receipt of the denial or revocation to the county court of the applicant's place of residence.

The applicant shall file with the court the specific reasons for the denial or revocation by the chief of police or sheriff and a filing fee of $10.00 in lieu of any other filing fee required by law. The court shall issue its decision within 30 days of the filing of the appeal. No federally licensed firearms importer, manufacturer, or dealer shall sell or deliver any handgun to another person, other than a licensed importer, manufacturer, dealer, or collector, until he has

  • Inspected a valid certificate issued to such person and inspected a valid identification containing a photograph of such person, or
  • Obtained a completed consent form from the potential buyer or transferee, which form shall be established by the Nebraska State Patrol and provided by the licensed importer, manufacturer, or dealer.
  • And inspected a valid identification containing a photograph of such person, and requested by means of a toll-free telephone call that the Nebraska State Patrol conduct a criminal history record check.
  • And have received from the Nebraska State Patrol a unique approval number for such inquiry indicating the date and number on the consent form.

The fee for the instant check is $3.00. The instant check may be used in place of the certificate. Exempt from the instant check are importers, manufacturers, collectors, and dealers.

It is unlawful for a person under 18 years of age to possess a handgun. This prohibition does not apply to a juvenile in the armed forces or the temporary loan of a handgun for instruction under the immediate supervision of a parent or guardian or adult instructor.

It is unlawful to knowingly and intentionally sell, loan, or in any other way transfer the possession of a firearm to a person under 18 years of age or to attempt to do so. This prohibition does not apply to the transfer of a firearm, other than a handgun:

  • From a relative within the second degree of consanguinity (usually this describes a parent, grandparent, aunt or uncle of the child) or affinity (marriage) if the transfer of physical possession of the firearm does not occur until express permission has been obtained from the juvenile’s parent or guardian.
  • For a legitimate and lawful shooting purpose.
  • To a juvenile who is under direct adult supervision in an appropriate educational program.

This prohibition also does not apply to the transfer of a handgun to a juvenile in the armed forces; or the temporary loan of a handgun for instruction under the immediate supervision of a parent or guardian or adult instructor.

Possession

No state permit is required to possess a rifle or shotgun. It is unlawful for any person who has been convicted of a felony or who is a fugitive from justice to possess any firearm. It is unlawful for any person under 18 to possess a handgun or any other form of short-barreled hand firearm. Exempt from this prohibition are members of the armed forces and persons temporarily loaned such firearms for instruction under the immediate supervision of a parent or guardian or adult instructor.

Carrying

It is unlawful to carry a weapon concealed on or about the person without a valid Concealed Handgun Permit. It is an affirmative defense that the accused was, at the time of carrying, engaged in any lawful business, calling or employment, and the circumstances in which such person was placed at the time were such as to justify a prudent person in carrying concealed for the defense of his person, property or family.

It is unlawful to carry a firearm in a state game refuge. An exception is made for transporting firearms by highway or railroad through the refuge.

Concealed Handgun Permits

CONCEALED HANDGUN PERMITS EFFECTIVE JANUARY 1, 2007

Nebraska State Patrol offices began issuing and accepting Concealed Handgun Permits ("CHP") on January 1, 2006. Applicants will be issued a CHP provided that the applicant:

  • Is not prohibited from purchasing or possessing a handgun under Federal law.
  • Is a resident of Nebraska.
  • Submits two sets of fingerprints.
  • Pays the fee of $100 ($50 for renewals).
  • Demonstrates that the applicant has the same powers of eyesight as required for a Class O operator’s (driver’s) license or, provides a licensed optometrist’s or ophthalmologist’s certified report and statement that applicant’s eyesight is sufficient to obtain a Class O operator’s license..
  • Shows proof that the applicant has completed, within 3 years of application, a course approved by Nebraska State Patrol, evidencing knowledge and competency with regard to:
    • handling a handgun and appropriate ammunition.
    • demonstrating safe firing and handling.
    • federal, state, and local laws pertaining to handguns, firearms, self-defense, various levels of assault, and justifiable homicide.
    • proper storage of a firearm.
    • techniques for avoiding violent confrontation.
    • is over 21 years of age.
    • must prove that they are a member of active, reserve, or National Guard military forces and has received, within three years of application, handgun training which would satisfy the above requirements.
A CHP holder may not carry a concealed handgun while consuming alcohol or while alcohol or any other controlled substance remains in the permit holder’s blood, urine, or breath (other than those substances lawfully obtained and therapeutically prescribed.)

A CHP holder may not carry a concealed handgun in any of the following places:

  • Police, sheriff, or State Patrol station or office
  • Detention facility, prison, or jail
  • Courtrooms and buildings containing courtrooms
  • Polling place during a bona fide election
  • Meeting of the Legislature or committee of the Legislature
  • Financial institution (Bank)
  • Professional, semi-professional, or collegiate athletic event
  • School, school grounds, or school-owned vehicle, and at any school-sponsored activity or athletic event
  • Place of worship
  • Emergency room or trauma center
  • Political rally or fundraiser
  • An establishment with a liquor license deriving more than half its income from the sale of alcohol (bar)
  • Any place where possession is prohibited under State or Federal law
  • Any place where the owner or person in control of the place has prohibited the possession of permitted handguns and has posted conspicuous notice of the prohibition, or has directly and specifically requested that the permit holder remove any firearms from the premises. A permit holder may bring a permitted handgun onto such prohibiting premises in a vehicle, so long as the firearm remains in the vehicle.

In addition, an employer may prohibit the possession of permitted handguns in vehicles owned by the employer.

CHPs must be issued within five days of a successful criminal background check. Appeals of a denial of issuance must be directed to the district court of the county of residence or county of application.

Permits are valid for five years from the date of issuance. A permit holder must notify law enforcement if he or she is carrying a handgun if "contacted" by law enforcement or emergency services personnel.

A Permit holder must also answer truthfully that he or she is a permit holder, if asked by a law enforcement officer, regardless of whether or not he or she is currently carrying a firearm.

A list of applicants, permit holders, and related information is available to federal, state, and local law enforcement agencies. Such information is otherwise confidential and is not public record.

Note That The Above Provisions For Concealed Carry Permits Are Not In Effect Until January 1, 2007. Prior To January 1, 2007, It Is Unlawful To Carry A Concealed Firearm In Nebraska.

Antiques & Replicas

Antique handgun or pistol means any handgun or pistol, including those with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before 1898 and any replica of such a handgun or pistol if the replica
    (A) Is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition or

    (B) Uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade.

A certificate and instant check are not required to transfer an antique handgun.

Machine Guns

A machine gun is any firearm that shoots automatically more than one shot, without manual reloading, by a single function of the trigger. State law prohibits the transportation or possession of any machine guns. The prohibition does not apply to peace officers, members of the armed forces or persons qualified under the provisions of federal law relating to machine guns.

Miscellaneous

It is unlawful to knowingly possess, receive, sell, or lease any firearm from which the manufacturer’s identification mark or serial number has been removed, defaced, altered, or destroyed.

It is also unlawful to intentionally remove, deface, cover, alter, or destroy the manufacturer’s identification mark or serial number or other distinguishing numbers on any firearm.

It is unlawful to discharge any firearm or weapon using any form of compressed gas as a propellant from any public highway, road, or bridge.

It is unlawful to intentionally discharge a firearm at an inhabited dwelling house, occupied building, occupied motor vehicle, occupied aircraft, or inhabited motor home.

It is unlawful to possess a firearm in a school, on school grounds, in a school owned vehicle, or at a school-sponsored activity or athletic event. This prohibition does not apply to: members of the armed forces, peace officers or other duly authorized law enforcement officers when on duty or training; firearms which may lawfully be possessed by the person receiving instruction, for instruction under the immediate supervision of an adult instructor; or firearms contained within a private vehicle operated by a non-student adult which are not loaded and are encased or are in a locked firearm rack that is on a motor vehicle.

Dealers of firearms shall distribute to all purchasers information developed by the Department of Health and Human Services regarding the dangers of leaving loaded firearms unattended around children.

Sources: Neb. Rev. Stat. §§ 28-1201 through 28-1212.03 and §§69-2401through 69-2426.

Source:National Rifle Association of America, Institute for Legislative Action



Comments