Nebraska allows the use of firearms and every other weapon in the state.
But there are locations and situations where the state restricts possession of firearms.
To open carry in Nebraska, you need to be familiar with the gun laws, relating to what firearm you can use, and how you can open carry without infringements.
Nebraska Gun Law Summary
Nebraska issues concealed carry licenses for the possession of firearms in the state.
The state patrol department is in charge of the permit application, and Nebraska is a shall-issue state.
The permit is also useful for buying firearms, alongside your firearm certificate.
Furthermore, it exempts you from undergoing the necessary criminal record background check needed to complete firearm sales.
To apply for the firearm permit, you must be at least twenty-one years old and meet all state requirements.
- Recommended Reading: Nebraska Gun Laws
Is Open Carry Legal In Nebraska?
Yes. Nebraska open carry is legal for residents of the state that are eighteen years old or more, and do not have a restriction order to use firearms from the state or federal level.
Open Carry Laws In Nebraska
Nebraska is one of the permissive open carry states in the USA.
You do not need a permit to open carry in most territories of the state. But being a partial gun law preemption state, some local counties may require that you use the concealed handgun permit for open carry.
You cannot open carry with machine guns and other semi-automatic firearms in the state.
The only exception to this is peace officers, military members, and law enforcement officers.
Nebraska Open Gun Law Quick View
|State permit for open carry.||No||No||Nebraska gun laws do not require that you get a permit before open carry in the state. However, there are local restrictions, like in the city of Omaha.|
|Firearm registrations for open carry.||No||No||The state gun laws do not talk about firearms for open carry registrations.|
|Assault weapon for open carry.||No||No||Nebraska prohibits the possession, sales, and purchase of assault weapons such as machine guns and semi-automatic firearms.|
|Magazine limit||No||No||There are no restrictions on large capacity firearms or limit of rounds in a firearm magazine.|
|License for the owner of a firearm.||Not required||Not required||Nebraska gun laws do not require that you own a license before you own a firearm.|
|Red flag law||No||No||Nebraska does not have any red flag laws.|
|Castle doctrine law||Yes||Yes||You have no duty to retreat in your dwelling place, workplace, or a personal vehicle.|
|Background check for private dealers||Yes||Yes||A background check is compulsory for every dealer in the state, except during the transfer of firearms between family members|
|Preemption||Partial||Partial||Nebraska has partial preemption on gun laws. The state government has authority on all regulations of firearms except in second class cities and villages.|
|Concealed carry permit.||No||Yes||To conceal carry in Nebraska, you need the state’s concealed handgun permit. You do not need a license for long guns.|
|Concealed carry in personal vehicle||Yes||Yes||You can conceal carry while driving in your vehicle. However, you must be with your firearm permit before doing so, especially in Omaha.|
|Open carry in Schools||No||No||Open carry and the possession of firearms generally is unlawful in all educational institutions in Nebraska.|
Where Is It Legal To Open Carry In Nebraska?
In Nebraska, you can open carry in the following areas of the state.
- Restaurants and bars: You can open carry in the restaurant area unless there is a post prohibiting such or you are under the influence of alcohol.
- Roadside areas: You can open carry in roadside areas of the state.
- State parks and forests: You can open carry in state parks and forests as well as in wildlife management areas.
Where Is It Illegal To Open Carry In Nebraska?
Nebraska prohibits the open carry of firearms in the following places or situations.
- Police station: You cannot open carry in any police station within the state of Nebraska.
- Prisons: You cannot open carry in jails, prisons, detention facilities, or correctional homes.
- Courthouse: You cannot open carry in any courthouse or during the regular proceeding of a court.
- Political subdivision meetings: You cannot open carry in any meeting for the governing body of the state, municipalities, districts, or counties.
- Legislative meetings: You cannot possess firearms or open carry in any legislative committee meetings.
- Financial institutions. You cannot open carry or possess firearms in banks, credit unions, or any other financial institution.
- During sports events: You cannot open carry during a professional sporting event in the state, except one that has to do with shooting firearms.
- Places of worship: You cannot open carry in mosques, churches, synagogues, or other places of worship in the state.
- Hospital: You cannot open carry in hospitals, healthcare centers, or any other health institution.
- Political event: You cannot open carry in any state political rally or a fundraising event.
- Bars: You cannot open carry in bars or any other establishment that has a license to sell alcohol, where alcohol generates more than half of the total income.
- Private property: You cannot possess firearms or open carry in private parks that have a prohibition on the premises via posts or signage.
- Schools: You cannot open carry or possess firearms in schools, colleges, universities, or other educational institutions.
- Game refuges: You cannot open carry on game refuge areas.
- Prohibited places: You cannot open carry or possess firearms in banned areas of the state like the Offutt air force base, and the other regions prohibited by federal laws of the state.
FAQ About Open Carry Nebraska
Some frequently asked questions about open carry in Nebraska and other related gun laws include the following:
Do I Need A Permit To Open Carry In Nebraska?
No. According to state gun laws, you do not need a permit to open carry.
But since Nebraska is a partial preemption gun law state, local regulations may require permits for open carry.
An example is the city of Omaha that requires anybody who wants to open carry to have a Nebraska concealed carry permit.
Do I Need A Permit To Conceal Carry In Nebraska?
Yes. You must have a Nebraska concealed handgun permit before you conceal carry in the state.
At What Age Can I Open Carry In Nebraska?
You must be eighteen years old before you can open carry in the state.
What Is The Age Requirement For Concealed Carry In Nebraska?
To conceal carry in Nebraska, you must be twenty-one years old or more.
How Old Must I Be To Apply For Nebraska Concealed Carry Permit?
The age limit for a concealed handgun permit in the state is twenty-one years old.
Does Nebraska Have A Red Flag Law?
No. The state does not enforce red flag laws.
Is Nebraska Concealed Carry Permit Valid For Non-residents Of The State?
No. Nebraska issues permit to only residents and members of the military posted to the state.
But you can make use of permits from other states that Nebraska reciprocates.
Nebraska only has a reciprocity deal with states that have similar or better gun law standards.
Is Nebraska A Constitutional Carry State?
No. Nebraska does not permit constitutional carry.
Are Knives Permitted For Open Carry In Nebraska?
Nebraska does not prohibit the open carry of knives in the state.
The only exception to this are felons, fugitives, or people that deliberately violate a protection order.
It is illegal to conceal a blade that is longer than three and a half inches.
Does Nebraska Have Any Firearm Restriction Law?
Yes, assault weapons like machine guns and other similar firearms are unlawful to possess, buy, and sell in the state.
Do I Need A Purchase Permit to Buy Firearms In Nebraska?
Yes, You can either use a Nebraska concealed handgun permit or a firearm certificate to buy guns in the state.
Must I complete Criminal Record Background Check Before Buying Firearms In Nebraska?
Every handgun buyer of firearms in Nebraska must undergo the criminal record background check.
The only exception is during the transfer of a firearm between family members.
Nebraska Concealed Handgun Permit Is Valid For How Long?
The state handgun permit is valid for five years, after which you will have to apply for a renewal permit.
Am I Under Any Obligation To Inform A Police Officer About My Possession Of Firearms?
Yes, if you own a firearm, you must tell a law enforcement officer you come across.
Is Nebraska A Castle Doctrine State?
Yes, Nebraska has a stand your ground policy in places of residence, workplaces, and personal vehicles.
Can I Make Use Of Deadly Force During Self Defense In Nebraska?
Yes, you can, if you are not the provoker of the situation, or you believe that an attack might lead to severe bodily harm or a violent felony crime.
You have a right to defend yourself, your property, and every other third party associated with the incident.
Do I Need To Complete Firearm Training Before I Apply For Concealed Handgun Permit?
Yes. And you must complete the training at least three years before you apply for the permit.
The training must be state-approved and conducted by a state-certified instructor.
Are There Requirements To Register Firearms In Nebraska?
No, you are under no obligation to register firearms in the state. But the city of Omaha requires handgun registration.
Lincoln City, on the other hand, requires you to notify the authority after every purchase of a firearm.
Relevant Open Carry Law And Legislature In Nebraska
Nebraska’s open carry laws that have to do with how you can possess firearms in the state include the following.
No Weapon Sign
Nebraska enforces the no weapon sign in the state.
Any building that is accessible to the general public must have a no weapon sign prohibiting firearm holders from possessing their gun or any other weapon in that premises.
Also, concealed carry permit holders must remove their concealed firearms before entering the place.
Any Nebraska permit holder that violates this law for the first time commits a class three misdemeanor
A second violation is a class one misdemeanor.
For any initial violation on state-owned property or any property owned by political subdivisions, the state will revoke the violator’s permit.
If the violation is not on state-owned property, the person can get a warning for the initial offense.
A subsequent offense will mean a revoked permit.
Preemption Gun Laws
Nebraska is a partial preemption gun law state.
The state government has authority on all firearm laws. But this does not include villages or cities regarded as second class that have populations within the range of eight hundred people to five thousand people.
Here, they can:
- Regulate the shooting of firearms within their territory.
- Prohibit, regulate, and punish violations of concealed carry.
Nebraska does not allow the illegal brandishing of firearms in the state.
It is an assault crime of third-degree to deliberately threaten a person or cause bodily harm with a firearm or any other weapon.
The only exception to this is during self-defense.
Possession Of Firearms Under The Influence
You cannot possess a firearm while under the influence of alcohol, or while there is still alcohol in your bloodstream or urine.
This includes drugs and controlled substances in the state.
Nebraska statutes do not consider alcohol or intoxicating substances in the blood or urine obtained from medical prescription or any other legal means, as being under the influence.
Open Carry While Hunting
You can open carry while hunting in Nebraska, but this does not include bow hunting.
Also, nobody shall make use of a firearm to hunt games like deer and antelope while possessing just an archery permit.
Nebraska hunter harassment law includes the following:
- Nobody shall disturb, pursue, or scare away games such as birds, wild animals, animals with furs, or fishes. This does not include animals without furs.
- Nobody shall interfere with a person that is taking part in a legal hunting activity such as fishing or trapping.
- Nobody shall intentionally try to affect the environment of a property used for a licensed hunting activity.
- Nobody shall deliberately place themselves in a firing line to prevent or interfere with hunting.