Laws, Penalties, and Defenses
Understanding Nebraska’s gun laws is tough. Handgun laws in Nebraska are a combination of state, local, and federal laws. As a result, the gun laws in Nebraska are a tangled web of prohibitions, exclusions, and exemptions.
Every person must educate themselves about Nebraska gun laws if they wish to possess a firearm lawfully. Otherwise, you could find yourself facing serious charges. You will need representation from a tough, aggressive, and experienced Nebraska gun possession defense attorney if you face gun charges in Nebraska.
Nebraska Firearms Laws
The right to possess a firearm in Nebraska stems from the state and federal constitutions. Article I, section I of the Nebraska constitution establishes the rights all people enjoy while living in the state. Additionally, Article I, Section I states that every person has the right to keep and bear arms.
Article I, section I of the Nebraska state constitution is much more specific than the Second Amendment to the U.S. Constitution. The drafters of Article I, section I, chose particular words to indicate why the right to bear arms is a right that the state must safeguard. The right is not absolute, however.
There are limitations to balance the need to protect public safety while preserving the right to bear arms.
Who Can Possess a Gun in Nebraska?
Nebraska law is fairly straightforward as to who can and cannot possess a gun in the state. Any person who is 18 years of age can possess a firearm, provided that the person is not disqualified. However, when it comes to gun laws, Nebraska includes several critical components that make the law confusing.
What Is a Handgun?
The gun laws in Nebraska define a handgun as a firearm with a barrel shorter than 16 inches or a firearm with a design that allows the user to shoot with one hand. Handguns are subject to the strictest gun laws in Nebraska because handguns are small and easy to hide. Nebraska gun laws treat shotguns and rifles differently than handguns.
Open Carry vs. Concealed Carry
Any person who has the lawful ability to possess a handgun may carry “open” without a permit.
Open carry means that a portion of the handgun remains visible and uncovered. Concealed carry means that the firearm is entirely hidden. A person who wishes to carry a concealed firearm used to need a concealed carry permit to do so lawfully. This is where the law has changed significantly. Let’s take a closer look.
Nebraska Gun Laws: What You Need to Know Now
In 2023, Nebraska passed a major legislative overhaul of its firearm laws through Legislative Bill 77. This law established what is known as constitutional carry, allowing most adults to carry concealed handguns without a permit. These changes significantly altered how residents, law enforcement, and the courts interpret firearm rights and responsibilities under Nebraska gun laws.
At Petersen Criminal Defense Firm, we help individuals facing weapons-related charges understand the legal system, protect their rights, and fight for favorable outcomes. If you’re carrying a firearm in Nebraska and are accused of doing so unlawfully, it’s crucial to know the current legal landscape.
Permitless Concealed Carry in Nebraska
Under Nebraska law, residents who are 18 years or older, and not otherwise barred from possessing firearms under state or federal law, may carry a concealed handgun without a concealed carry permit.
Previously, Nebraska required applicants to complete a training course and obtain a permit from the Nebraska State Patrol before legally carrying a concealed weapon. Those restrictions no longer apply to eligible adults.
Permitless carry is now the law statewide, including in cities like Omaha and Lincoln. However, the repeal of permit requirements does not mean all conduct while armed is legal. Several actions remain criminal offenses.
Prohibited Conduct While Carrying
Although the permit requirement has been removed, individuals who carry firearms in Nebraska must comply with two key responsibilities. Failing to do so may lead to criminal charges under Nebraska gun laws.
You may face charges if you:
- Carry a concealed handgun while under the influence of drugs or alcohol, or
- Fail to inform law enforcement or emergency medical personnel that you are armed when interacting with them.
Both offenses are charged as Class III misdemeanors for first offense, or Class I misdemeanors for second or subsequent offenses, which carry penalties of:
- Up to one year in jail,
- A fine of up to $1,000, or
- A combination of incarceration and monetary penalties.
If you’re accused of carrying a firearm while intoxicated or failing to disclose a concealed weapon to a police officer, contact Petersen Criminal Defense Firm immediately. These are serious charges that require an experienced defense strategy.
No Permit Required to Purchase a Handgun
In addition to changes regarding concealed carry, LB 77 also eliminated Nebraska’s handgun purchase permit requirement. Before 2023, individuals were required to obtain a handgun purchase certificate from their local sheriff’s office unless they held a concealed carry permit.
Now, anyone legally eligible to own a firearm may purchase handguns, rifles, or shotguns in Nebraska without a state-issued permit. However, purchases through federally licensed dealers still require background checks under federal law.
While the permit is no longer necessary, individuals must ensure they are not prohibited from owning firearms. Convicted felons, certain domestic violence offenders, and individuals subject to restraining orders may not lawfully purchase or possess guns.
If you were denied a purchase or charged with unlawful possession, our team at Petersen Criminal Defense Firm can review your case and advise you on your rights.
What Happened to Omaha’s Gun Registration Rules?
For years, the City of Omaha required handgun owners to register their firearms. That requirement is now invalid. Under LB 77, municipalities can no longer enforce registration mandates or issue their own licensing rules related to concealed handguns.
As of September 2, 2023:
- Omaha no longer requires residents to register their handguns; and
- Local police cannot cite or arrest individuals solely for failing to register a lawfully possessed firearm.
These changes reinforce that firearm regulation is now controlled at the state level, creating a uniform standard across Nebraska.
Local Authority Is Now Limited
Although cities and counties cannot enact broad gun control measures, Nebraska law permits them to prohibit firearms on property they own or operate. This includes:
- Government buildings,
- Public parks, and
- Trails and recreational spaces.
The City of Omaha has passed local ordinances banning firearms in certain city-owned locations. However, whether these localized bans are enforceable remains an open question.
Gun owners have filed lawsuits challenging similar restrictions in Lincoln. In April 2025, the Nebraska Supreme Court heard arguments on whether these ordinances violate state law and whether individuals must violate a law to have standing to challenge it. A decision is expected to clarify the extent of local authority under Nebraska gun laws.
Facing Gun Charges in Omaha?
Despite the reforms, Nebraskans can still be charged with a crime for violating firearm-related laws. Common charges include:
- Carrying a weapon while consuming alcohol,
- Possession by a prohibited person,
- Failure to notify law enforcement of a concealed weapon, and
- Violating firearm bans on city-owned property.
If you are charged with a firearm offense, our Omaha-based legal team can help. At Petersen Criminal Defense Firm, we have extensive experience representing clients facing gun charges in Omaha and surrounding areas.
Other Penalties Under Nebraska Gun Law
Possession of a deadly weapon by a restricted person is a crime in Nebraska. A person arrested for possessing a firearm as a prohibited person faces a Class ID felony for the first offense. The offense becomes a Class IB felony for every second or subsequent offense.
Felony gun possession in Nebraska carries harsh prison terms. A Class ID felony carries a three-year mandatory minimum sentence and a 50-year maximum sentence. A Class IB felony carries a 20-year mandatory minimum sentence with a maximum penalty of life in prison.
Defenses to Charges Under Nebraska Gun Laws
Defenses to charges brought under the gun laws in Nebraska depend on the particular case. Whenever the state charges a person with a possessory crime, the lawfulness of police conduct must be examined closely.
A case could not proceed to trial if the police violated your constitutional rights when they seized a gun from you. Therefore, filing a motion to suppress can lead to a dismissal of the case if the police violated your right to be free from unreasonable searches and seizures.
The state always has the burden to prove you guilty beyond a reasonable doubt. Merely riding in a car or being present in a house where police seize a handgun does not mean you are automatically guilty. The state must offer evidence to connect you to the gun. Therefore, successful trial defenses often incorporate arguing that you were “merely present” when police found the gun. That means that you did not know the gun was there and had no intent to do anything with it.
Sometimes charges are hard to beat because the evidence is solid. In those circumstances, your best option might be to enter a plea bargain to a reduced charge. Pleading to a lesser charge may reduce your jail time or help you avoid jail altogether.
Know Your Rights Under Nebraska Gun Laws
Firearm laws in Nebraska have changed, but they have not disappeared. Understanding your rights and the limits of those rights can help you avoid criminal charges and protect your future.
At Petersen Criminal Defense Firm, we work with clients charged with serious offenses under Nebraska gun laws. If you’re facing accusations related to unlawful possession, intoxicated carry, or any other firearm-related issue, reach out for a free, confidential consultation. We’re here to help you protect your rights and build a strong defense on your behalf.
Attorney Petersen was invited to join the National Advocacy for DUI Defense (NAFDD) organization in 2013. NAFDD vets thousands of lawyers and only chooses those who have achieved stellar results in DUI defense cases. Attorney Petersen was named one of the Top 50 defense attorneys in Nebraska out of more than 5,000.
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