Ammunition Regulation in Nebraska

Nebraska does not:

See our Ammunition Regulation policy summary for a comprehensive discussion of this issue.

Background Checks in Nebraska

See our Background Checks policy summary for a comprehensive discussion of this issue.

Federal law requires federally licensed firearms dealers (but not private sellers) to initiate a background check on the purchaser prior to sale of a firearm. Federal law provides states with the option of serving as a state “point of contact” and conducting their own background checks using state, as well as federal, records and databases, or having the checks performed by the FBI using only the federal National Instant Criminal Background Check System (“NICS”) database. (Note that state files are not always included in the federal database.)

Nebraska is a point of contact state for firearm purchaser background checks for handgun transfers only. In Nebraska, firearms dealers transferring handguns to non-federally licensed transferees must either:

  • Inspect photo identification and a valid handgun certificate or concealed handgun permit (which confirms the buyer is at least age 21 and has undergone a background check through the Nebraska State Patrol (“NSP”); or
  • Inspect photo identification from the potential buyer, obtain a consent form, and process a background check through the NSP’s instant check system.1

A firearms dealer transferring a long gun must contact the FBI, who performs a NICS check on the purchaser.2

Federal law does not require dealers to conduct a background check if a firearm purchaser presents a state permit to purchase or possess firearms that meets certain conditions.3 As a result, handgun purchase certificate holders and concealed weapons permit holders in Nebraska are exempt from the federal background check requirement when purchasing a handgun.4 (Note, however, that people who have become prohibited from possessing firearms may continue to hold state permits to purchase or permit firearms if the state fails to remove these permits in a timely fashion.)

Nebraska law requires persons wishing to obtain handguns through private sellers (non-firearms dealers) to first obtain a handgun certificate or a concealed handgun permit, which requires a background check.5 Nebraska does not require private sellers (sellers who are not licensed dealers) to initiate a background check when transferring a long gun. See our Private Sales policy summary.

Notes
  1. Neb. Rev. Stat. §§ 69-2403, 69-2409, 69-2410, 69-2411, 69-2431. ⤴︎
  2. Neb. Rev. Stat. § 69-2431.  See also, Federal Bureau of Investigation, National Instant Criminal Background Check System (NICS) Participation Map, at https://www.fbi.gov/file-repository/nics-participation-map.pdf/view. ⤴︎
  3. Federal law exempts persons who have been issued state permits to purchase or possess firearms from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d). ⤴︎
  4. Bureau of Alcohol, Tobacco, Firearms & Explosives, U.S. Department. of Justice, Brady Law: Permanent Brady Permit Chart (last updated Aug. 26, 2011), at: http://www.atf.gov/firearms/brady-law/permit-chart.html. ⤴︎
  5. Neb. Rev. Stat. §§ 69-2403, 69-2404, 69-2431. ⤴︎

Child Access Prevention in Nebraska

Nebraska prohibits any person from knowingly and intentionally transferring or attempting to transfer the possession of a firearm to a juvenile (a person under age 18).1

However, this section does not apply to the transfer of a rifle or shotgun:

  • From a person related to the juvenile within the second degree of consanguinity or affinity if express permission has been obtained from the juvenile’s parent or guardian prior to transfer;
  • For a legitimate and lawful sporting purpose; or
  • To a juvenile who is under direct adult supervision in an appropriate educational program.2

This section also does not apply to the temporary loan of handguns for instruction under the immediate supervision of a parent or guardian or adult instructor.3

Firearms dealers are required to distribute to all firearms purchasers information developed by the Nebraska Department of Health and Human Services regarding “the dangers of leaving loaded firearms unattended around children.”4

See our Child Access Prevention policy summary for a comprehensive discussion of this issue.

Notes
  1. Neb. Rev. Stat. § 28-1204.01(1). Neb. Rev. Stat. § 28-1201(3) defines “juvenile” as a person under age 18. ⤴︎
  2. Neb. Rev. Stat. § 28-1204.01(2). ⤴︎
  3. Neb. Rev. Stat. §§ 28-1204(2), 28-1204.01(3). ⤴︎
  4. Neb. Rev. Stat. § 69-2426(1). ⤴︎

Concealed Weapons Permitting in Nebraska

See our Carrying Concealed Weapons policy summary for a comprehensive discussion of this issue.

Nebraska does not prohibit a person from carrying a concealed handgun if the person has a concealed handgun permit.1

Nebraska is a “shall issue” state, meaning that the Nebraska State Patrol (NSP) must issue a concealed handgun permit within 45 days of the date of application if the applicant meets certain qualifications.2 An applicant for a permit to carry a concealed handgun must:

  • Be at least 21 years of age;
  • Not be prohibited from purchasing or possessing a handgun by federal law;
  • Possess sufficient powers of eyesight, as demonstrated by a current Nebraska motor vehicle operator’s license or a current optometrist’s or ophthalmologist’s statement;
  • Not have pled guilty or no contest to, or not have been convicted of a felony;
  • Not have pled guilty or no contest to, or not have been convicted of a misdemeanor crime of violence within the immediately preceding ten years;
  • Not have been found in the previous ten years to be a mentally ill and dangerous person and not be currently adjudged mentally incompetent;
  • Have been a Nebraska resident for at least 180 days, (except this 180 day rule does not apply for members of the U.S. Armed Forces or their spouses after they have been stationed at a military installation in Nebraska on permanent duty station orders, or for new residents of the state who possess a valid concealed weapons permit from another state);3
  • Have not violated any law relating to firearms, unlawful use of a weapon, or controlled substances in the preceding ten years;
  • Not be on parole, probation, house arrest, or work release; and
  • Provide “proof of training.”4

“Proof of training” means an original or certified copy of a document certifying that the applicant successfully completed an approved handgun training and safety course within the previous three years, or is a member of the armed forces and has had similar handgun training within the previous three years.5

Firearm Safety Training

Nebraska requires that a concealed handgun permit applicant complete a handgun training and safety course within the three years prior to issuance of a permit.6

Minimum requirements for an approved handgun training and safety course are:

  • Knowledge and safe handling of a handgun;
  • Knowledge and safe handling of handgun ammunition;
  • Safe handgun shooting fundamentals;
  • A demonstration of competency with a handgun with respect to the minimum safety and training requirements;
  • Knowledge of federal, state and local laws pertaining to the use of a handgun, including but not limited to use of a handgun for self-defense and laws relating to justifiable homicide and the various degrees of assault;
  • Knowledge of ways to avoid a criminal attack and to defuse or control a violent confrontation; and
  • Knowledge of proper storage practices for handguns and ammunition, including storage practices which would reduce the possibility of accidental injury to a child.7

Duration & Renewal

A permit to carry a concealed handgun is valid for five years.8 The NSP must renew a permit for five years, subject to continuing compliance with the qualifications for the permit.9 Renewal may be applied for up to four months before expiration of the permit. A permit holder is subject to having his or her permit revoked if he or she does not continue to meet the qualifications for the permit.10

Disclosure or Use of Information

Nebraska does not allow personal application or permit information of concealed handgun permit holders to be made public. The NSP maintains a listing of all applicants and permit holders and any pertinent information regarding such applicants and permit holders.11 The information is available upon request to all law enforcement agencies, but is confidential and is not considered a public record.12

Any time the discharge of a handgun carried by a permit holder results in injury to a person or damage to property, the permit holder must make a report of such incident to the NSP.13 This information is maintained as part of a listing.14

Information about the status of a permit to carry a concealed handgun and the dates of issuance and expiration of such permit are also included within records of the Nebraska Department of Motor Vehicles.15 Nebraska law provides that information obtained by any government entity, whether federal, state, county, or local, that is obtained for purposes of an application permitted or required by law or contained in a permit or license issued by such entity, may be withheld from the public by the lawful custodian of the records. However, such information must be available upon request to any federal, state, county, or local law enforcement agency.16

Reciprocity

A valid concealed carry handgun permit or license issued by any other state or the District of Columbia is valid in Nebraska if:

  • The holder is not a resident of Nebraska; and
  • The Nebraska Attorney General has determined that the standards for issuance of the out-of-state license or permit are equal to or greater than the standards imposed by Nebraska.17
Notes
  1. Neb. Rev. Stat. § 28-1202(1)(a), (2). ⤴︎
  2. Neb. Rev. Stat. § 69-2430(3). ⤴︎
  3. Neb. Rev. Stat. § 69-2433(7)(b), (c). ⤴︎
  4. Neb. Rev. Stat. § 69-2433. ⤴︎
  5. Neb. Rev. Stat. § 69-2429(6). Additional application and background check requirements, as well as permit suspension and disqualification information, are detailed under Neb. Rev. Stat. §§ 69-2430 – 69-2439. ⤴︎
  6. Neb. Rev. Stat. § 69-2429(6). ⤴︎
  7. Neb. Rev. Stat. § 69-2432. ⤴︎
  8. Neb. Rev. Stat. § 69-2436(1). ⤴︎
  9. Neb. Rev. Stat. § 69-2436(2). ⤴︎
  10. Neb. Rev. Stat. §§ 69-2435, 69-2439. ⤴︎
  11. Neb. Rev. Stat. § 69-2444. ⤴︎
  12. Id. ⤴︎
  13. Neb. Rev. Stat. § 69-2442. ⤴︎
  14. Id. ⤴︎
  15. Neb. Rev. Stat. § 69-2447. ⤴︎
  16. Neb. Rev. Stat. § 84-712.05(21). ⤴︎
  17. Neb. Rev. Stat. § 69-2448. ⤴︎

Dealer Regulations in Nebraska

See our Dealer Regulations policy summary for a comprehensive discussion of this issue.

Federal law requires firearms dealers to obtain a license from the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), although resource limitations prevent the ATF from properly overseeing all its licensees.

Nebraska has no law requiring firearms dealers to obtain a state license. However, firearms dealers are subject to state laws governing gun sales generally.

Firearms dealers are required to distribute to gun purchasers information developed by the Nebraska Department of Health and Human Services regarding “the dangers of leaving loaded firearms unattended around children.”1

Nebraska law prohibits a firearm dealer from transferring a handgun until the dealer has either conducted a background check on the purchaser or verified that the purchaser has a handgun certificate or a concealed handgun permit. For more information, see the section entitled Background Checks in Nebraska.

Notes
  1. Neb. Rev. Stat. § 69-2426(1). ⤴︎

Design Safety Standards for Handguns in Nebraska

Nebraska does not specifically regulate junk guns or unsafe firearms. According to research conducted by the Brady Campaign, Nebraska’s Attorney General may have the authority to regulate “junk guns,” as well as promulgate other firearm safety standards.1

See our Design Safety Standards for Handguns policy summary for a comprehensive discussion of this issue.

Notes
  1. See Nebraska’s Uniform Deceptive Trade Practices Act, Neb. Rev. Stat. § 87-303.03(1). For details, see Legal Action Project, Center to Prevent Handgun Violence, Targeting Safety (2001), at http://www.bradycampaign.org/sites/default/files/targetingsafety.pdf. ⤴︎

Disarming Prohibited Persons in Nebraska

Nebraska law states that any firearm in the possession of a person who is violating Nebraska’s minimum age laws “shall be confiscated by a peace officer or other authorized law enforcement officer,” and “held by the agency employing such officer until it no longer is required as evidence.”1 Nebraska has no other laws requiring the removal of firearms from persons who have become prohibited from possessing them.

Notes
  1. Neb. Rev. Stat. § 28-1204.02. ⤴︎

Domestic Violence & Firearms in Nebraska

Nebraska has no law requiring the removal or surrender of firearms when a domestic abuser becomes prohibited from possessing them.

Firearm Prohibitions for Domestic Violence Misdemeanants

Although federal law permanently prohibits individuals convicted of domestic violence misdemeanors from possessing firearms, Nebraska only prohibits a person who has been convicted within the past seven years of a misdemeanor crime of domestic violence from possessing a firearm.1 Nebraska law defines a misdemeanor crime of domestic violence to include certain crimes against current and former dating partners.2

Firearm Prohibitions for Protective Order Defendants

Unlike federal law, Nebraska does not generally prohibit a person subject to domestic violence protective order from possessing firearms, unless he or she is knowingly violating the order.3 Nebraska law authorizes, but does not require, a court that is issuing a domestic violence protective order to prohibit the abuser from purchasing or possessing firearms.4

Notice to Abusers of Federal Firearm Prohibitions

Nebraska law requires that, when sentencing a person convicted of a misdemeanor crime of domestic violence as defined by federal law, the court must provide written or oral notification to the defendant that it may be a violation of federal law for the individual to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition, or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.5 The state court administrator’s office is explicitly required to create a standard notification that provides this information and to provide a copy of such notification to all judges in the state.6 The law also requires a court issuing a protective order to serve this notice to the abuser on the state court administrator’s form.7

Removal of Firearms from the Scene of a Domestic Violence Incident

In Nebraska, during an arrest for domestic assault, law enforcement must seize those firearms alleged to have been involved or threatened to be used at the scene of a domestic violence incident.8 Law enforcement may also remove firearms and ammunition in plain view as necessary to protect the officer or any other person.9 In addition, law enforcement may remove firearms and ammunition discovered during a consensual search, if necessary to protect the officer or any other person.10 Nebraska law states that the disposition of firearms seized at a domestic violence scene must be determined by court order.11

See our Domestic Violence & Firearms policy summary for a comprehensive discussion of this issue

Notes
  1. Neb. Rev. Stat. § 28-1206(1)(b). ⤴︎
  2. Neb. Rev. Stat. §§ 28-1206(5), 28-323(8). ⤴︎
  3. In addition to domestic violence protective orders, Nebraska law prohibits a person from possessing firearms or ammunition if they knowingly violate a harassment protection order or sexual assault protection order. Neb. Rev. Stat. § 28-1206(1)(a)(iii). ⤴︎
  4. Neb. Rev. Stat. § 42-924(1)(g). ⤴︎
  5. Neb. Rev. Stat. § 29-2291. ⤴︎
  6. Id. ⤴︎
  7. Neb. Rev. Stat. §§ 29-2291, 42-925. ⤴︎
  8. Neb. Rev. Stat. § 29-440(1)(a). ⤴︎
  9. Neb. Rev. Stat. § 29-440(1)(b). ⤴︎
  10. Id. ⤴︎
  11. Neb. Rev. Stat. § 29-440(3). ⤴︎