Laws
Federal Laws
“A well regulated militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
- US Constitution, Amendment II
State Laws
“All persons are by nature free and independent, and have certain inherent and inalienable rights; among these are life, liberty, the pursuit of happiness, and the right to keep and bear arms for security or defense of self, family, home, and others, and for lawful common defense, hunting, recreational use, and all other lawful purposes, and such rights shall not be denied or infringed by the state or any subdivision thereof. To secure these rights, and the protection of property, governments are instituted among people, deriving their just powers from the consent of the governed.”
- Nebraska Constitution, Article I
Handgun Purchase/Transfer
In order to “purchase, lease, rent, or receive transfer of a handgun”, a certificate is required. This person must be at least 21-years old and must not be “prohibited from purchasing or possessing a handgun by
18 U.S.C. 922”. There is a $5 fee. Contact your local sheriff or chief of police to apply. - Nebraska Revised Statute 69-2404
“The certificate shall not be required if:
- The person acquiring the handgun is a licensed firearms dealer under federal law;
- The handgun is an antique handgun;
- The person acquiring the handgun is authorized to do so on behalf of a law enforcement agency;
- The transfer is a temporary transfer of a handgun and the transferee remains
- in the line of sight of the transferor or
- within the premises of an established shooting facility;
- The transfer is between a person and his or her spouse, sibling, parent, child, aunt, uncle, niece, nephew, or grandparent;
- The person acquiring the handgun is a holder of a valid permit under the Concealed Handgun Permit Act; or
- The person acquiring the handgun is a peace officer as defined in section 69-2429.”
- Nebraska Revised Statute 69-2403
Open Carry and Handgun Definitions
Open carry for the purpose of this site simply refers to carrying an unconcealed handgun (in a proper holster). According to Nebraska's Concealed Handgun Permit Act, “Concealed handgun means the handgun is totally hidden from view. If any part of the handgun is capable of being seen, it is not a concealed handgun...” Additionally, “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...”
- Nebraska Revised Statute 69-2429
Prohibited Areas
“Any person who possesses a firearm in a school, on school grounds, in a school-owned vehicle, or at a school-sponsored activity or athletic event is guilty of the offense of unlawful possession of a firearm at a school. Unlawful possession of a firearm at a school is a Class IV felony.” Exceptions to this are located in the cited statute.
- Nebraska Revised Statute 28-1204.04
Vehicle Carry
“Nebraska Law is silent on loaded firearms in vehicles. You do have to have a permit/license valid in NE to carry a concealed firearm in or outside a vehicle. It is illegal to carry a loaded Shotgun in a vehicle under NE Game Laws. You can carry a loaded handgun in a vehicle without a permit/license if it is visible without a permit/license.” Exceptions to this are located in the cited statute (military use or instructional use).
Age to Possess a Handgun (Carry)
The legal age to carry in Nebraska is 18. “Any person under the age of eighteen years who possesses a handgun commits the offense of unlawful possession of a handgun.”
- Nebraska Revised Statute 28-1204
Affirmative Defense (Concealed Weapon)
Nebraska State Law allows for a non CHP holder to conceal a weapon in certain cases. “It is an affirmative defense that the defendant was engaged in any lawful business, calling, or employment at the time he or she was carrying any weapon or weapons and the circumstances in which such person was placed at the time were such as to justify a prudent person in carrying the weapon or weapons for the defense of his or her person, property, or family.”
- Nebraska Revised Statute 28-1202
- “Nothing in the Concealed Handgun Permit Act prevents a person [with a CHP] from carrying a concealed weapon as permitted under [affirmative defense].”
- Nebraska Revised Statute 69-2445
City Laws
Omaha
An identification card is required for those who wish to open carry in the city of Omaha. This card is issued to those who have completed an approved firearm training program (8-10 hours in classroom, 2 hours on shooting range). A notable exeption to this is that one may open carry if he possesses a valid CHP.
- Omaha Municipal Code (Sec. 20-206,207) and OPD FAQ
Lincoln
“It shall be unlawful for any person to knowingly possess or cause to be present a firearm or other dangerous weapon in a city and/or county facility.” (130)
- “City and/or county facility shall mean a building or part thereof owned or leased by the City of Lincoln Nebraska and/or Lancaster County or which is used as offices for any city and/or county employee.”
“It shall be unlawful for any person to knowingly possess or cause to be present a firearm or other dangerous weapon in a domestic violence victim facility or shelter or substance abuse treatment center licensed by the State of Nebraska.” (140) - Lincoln Municipal Code (Sec. 9.36)
Gretna
We found no laws regarding firearm carry that are specific to Gretna (as of 14 Jan 2014). If you find one, please let us know and send a link to its location in the municipal code.
- Gretna Municipal Code (Index)
Acronyms
- CCW: Carrying a Concealed Weapon
- CFP: Concealed Firearm Permit
- CHP: Concealed Handgun Permit
- FFL: Federal Firearms License
- LEO: Law Enforcement Officer
- NE: Nebraska
- NTN: National Tracking Number
- OC: Open Carry
- U.S.C.: United States Code
- 2A: Second Amendment
More to come soon!