Gun laws in Nebraska

Gun laws in Nebraska regulate the sale, possession, and use of firearms and ammunition in the state of Nebraska in the United States.[1][2]

Summary table

Subject/LawLong GunsHandgunsRelevant StatutesNotes
State permit required to purchase?NoYesNeb. Rev. Stat. § 69-2403A handgun certificate or a concealed carry permit is required for the purchase of a handgun.
Firearm registration?NoNoOmaha, Neb., Code § 20-251 et seq.; Lincoln, Neb., Muni. Code § 9.36.030The City of Omaha requires the registration of all handguns. The City of Lincoln requires reporting of firearms sales other than long guns commonly used for sporting purposes.
Owner license required?NoNo
Permit required for concealed carry?N/AYesNebraska is a "shall issue" state for concealed carry.
Permit required for open carry?NoNoOpen carry is generally permitted, but may be restricted by local governments. For open carry in a vehicle, the firearm must be clearly visible.
State preemption of local restrictions?Yes*Yes*Nebraska has partial state preemption for most but not all firearms laws. Other than discharge ordinances, local firearms ordinances are preempted for individuals who hold a valid Concealed Handgun Permit (CHP). These local ordinances are still enforceable against non-permitholders.
Assault weapon law?NoNo
NFA weapons restricted?NoNoNFA weapons are lawful to possess if compliant with federal law and registered properly with the ATF
Background checks required for private sales?NoYesNeb. Rev. Stat. § 69-2403A person acquiring a handgun must have either a handgun certificate or a concealed handgun permit, and has therefore already been subject to a background check.
Location of Nebraska in the United States

In Nebraska, to purchase a handgun, a permit to purchase is required. Rifles and shotguns are not subject to gun laws more restrictive than those at the federal level. As of January 1, 2007, Nebraska became the 48th state to legalize concealed carry; permits to carry are being issued by the Nebraska State Patrol. NFA firearms (machine guns, short barreled shotguns, short barreled rifles, and silencers) are legal to own as long as they are compliant with federal law.

Residents of the city of Omaha are required to register their handguns,[3] unless that resident possess a State of Nebraska Concealed Handgun Permit.

In Lincoln, municipal code section 9.36.100 prohibits the possession of a firearm by anyone who has been convicted of certain misdemeanors within the last ten years. These include stalking, violation of an order of protection, impersonating a police officer, and public indecency.[4] The Lancaster County Sheriff will not issue a Nebraska permit to purchase a handgun if the applicant is a Lincoln resident and is prohibited by this law from possessing firearms.[5]

Some counties have adopted Second Amendment sanctuary resolutions.[6]

References

  1. "State Gun Laws: Nebraska", National Rifle Association – Institute for Legislative Action. Retrieved September 18, 2015.
  2. "Nebraska State Law Summary", Law Center to Prevent Gun Violence. Retrieved December 31, 2012.
  3. Registering a Handgun, Omaha Police Department
  4. "Chapter 9.36, Lincoln Municipal Code, City of Lincoln" (PDF). Retrieved November 23, 2011.
  5. Handgun Certificates, City of Lincoln – Lancaster County Criminal Justice System
  6. "Pending 'Red Flag' Bill Prompts Second Amendment Sanctuary Resolution in Morrill County". KTIC Radio. Retrieved 2020-02-04.
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