Nebraska Gun Laws

• Constitutional Carry & Preemption (LB 77): In 2026, Nebraska securely operates as a permitless (constitutional) carry state following the landmark passage of LB 77 in 2023. Any law-abiding adult 21 years of age or older who is not a prohibited person may carry a concealed handgun statewide without a permit.
• Universal State Preemption: A crucial component of the LB 77 legislation was the establishment of fierce state preemption. It officially voided all local firearm ordinances, stripping cities like Omaha and Lincoln of their authority to enforce local handgun registries or local open carry bans, creating a unified legal framework across the state.
• Handgun Certificate Requirement: Despite permitless carry, Nebraska maintains a unique regulatory hurdle for acquisitions: you must possess a state-issued Firearm Purchase Certificate (FPC) or a Concealed Handgun Permit (CHP) to legally purchase or receive a handgun, even in private transactions.

Nebraska is a "Shall Issue" state. The Nebraska State Patrol (NSP) continues to issue the Concealed Handgun Permit (CHP), which is heavily utilized to bypass the handgun purchase certificate requirement and secure interstate reciprocity.

• Minimum Age: 21 years old.
• Training Requirements: Applicants must complete an approved handgun training and safety course (minimum of 8 hours). The course includes classroom instruction on state laws, safe handling, and a live-fire qualification.
• Background Checks: A mandatory state and federal (FBI NICS) fingerprint-based background check is conducted by the NSP.
• Fingerprints: A complete set of electronic or rolled fingerprints must be submitted to the Nebraska State Patrol.
• Application Fees: The application fee is $100.00 (valid for 5 years). Fingerprinting fees add approximately $38.00 to $45.00 depending on the processing location.
• Processing Times: By law, the Nebraska State Patrol has up to 45 days to issue or deny the permit after receiving a completed application and fingerprint results.

Nebraska maintains a highly permissive legal framework with zero state-level restrictions on modern sporting rifles, magazine capacities, or specific firearm models.

• Magazine Capacity: No restrictions. Any capacity magazine is completely legal to possess, buy, sell, and carry.
• "Assault Weapon" Bans: None. Nebraska does not regulate or ban semi-automatic firearms based on cosmetic features or military appearance.
• Restricted Ammunition: Nebraska defers to federal law regarding ammunition restrictions. There are no state-specific bans on standard hollow-point ammunition.
• Banned Models: No specific firearm models or makes are banned by name in the state. NFA items (suppressors, SBRs, machine guns) are legal provided they comply strictly with federal registration laws.

Nebraska remains one of the few Midwestern states that imposes a "Duty to Retreat" in public spaces, lacking a statutory "Stand Your Ground" law.

• Stand Your Ground: No. Nebraska law explicitly states that the use of deadly force is not justifiable if the defender knows they can avoid the necessity of using such force with complete safety by retreating.
• Castle Doctrine: Yes. The duty to retreat does not apply if you are inside your own dwelling or place of work, provided you were not the initial aggressor. You may use deadly force to protect yourself against an intruder unlawfully entering.
• Duty to Retreat: Yes. Outside the home or workplace, state law imposes a strict duty to retreat if a safe avenue of escape is available.
• Civil Immunity: No. Nebraska provides no explicit statutory immunity from civil lawsuits, meaning a justified shooter can still be subjected to a civil lawsuit by the attacker's family.

Transportation laws in Nebraska are highly permissive for adults 21 and older under constitutional carry protections.

• Handguns: Any law-abiding adult 21 or older may transport a loaded handgun, openly or concealed, anywhere inside the passenger compartment of a vehicle without a permit. (Those 18-20 must transport handguns unloaded and secured in a case out of reach).
• Long Guns: May be legally transported loaded in a motor vehicle for adults. However, Department of Natural Resources (DNR) regulations strongly advise keeping them unloaded to avoid complications with spotlighting/anti-poaching laws.
• Federal Gun-Free School Zone Act: Constitutional carry does not satisfy the federal GFSZA exemption. To legally drive within 1,000 feet of a K-12 school in Nebraska without violating federal law, an individual must possess a state-issued Nebraska CHP.

Nebraska forces citizens to obtain a specific certificate to acquire a handgun, instituting a background check requirement on all handgun transfers.

• Dealer Sales: Require a Nebraska Firearm Purchase Certificate (FPC) for handguns. The FPC requires an initial background check and a $5.00 fee to the local sheriff, valid for 3 years. Federal NICS checks still apply at the dealer.
• Private Sales: Universal background checks are required for handguns. Private transfers of a handgun between Nebraska residents require the buyer to hold a valid FPC (or CHP). Private transfers of long guns do not require an FPC.
• Waiting Periods: There are no mandatory waiting periods once you hold the FPC or CHP.
• CCW Bypass: A valid Nebraska CHP completely bypasses the need to obtain an FPC for private sales and acts as an exemption to the NICS background check at a commercial dealer.

Nebraska does not have an Extreme Risk Protection Order (Red Flag) law. There is no civil legal mechanism in the state that allows law enforcement, family members, or doctors to petition a judge for the temporary, preemptive confiscation of an individual's firearms without full criminal due process.

Because Nebraska operates under constitutional carry, eligible adults (21+) face no penalties for carrying a concealed weapon without a permit. However, if a person under 21 or a prohibited person carries concealed, it is prosecuted as a Class I Misdemeanor for the first offense, and a Class IV Felony for subsequent offenses.

Carrying a firearm into a statutorily prohibited zone (like a bar, a meeting of the legislature, or a posted private business) is a Class III Misdemeanor for a first offense, escalating to a Class I Misdemeanor for subsequent offenses. Carrying a firearm onto K-12 school property without proper storage exemptions is a severe Class IV Felony, punishable by up to 2 years in prison and a $10,000 fine.