Nebraska Concealed and Open Carry Gun and Weapon Laws

Nebraska became a constitutional carry state in 2023, which allows most adults (21 and older) to carry concealed handguns and other weapons without a permit. But these laws still place restrictions on where a person can conceal carry, who can carry, what they can carry, and more. Nebraska remains an open carry state.

Below are some of the key provisions regarding open and concealed carrying of firearms and weapons in Nebraska. Consult a firearm expert or attorney to learn how these and other laws apply to you.

Constitutional Carry Limitations for Concealed Handguns in Nebraska

Adults age 21 and older may carry concealed handguns in Nebraska, as long as they are not "prohibited persons" or in a "prohibited location." Minors who are 18 to 20 also qualify for constitutional carry rights if they are military or law enforcement.

Prohibited Persons

A "prohibited person" is anyone who's prohibited from possessing a firearm by state or federal law. Examples of prohibited persons include felons, fugitives, those illegally in the U.S., those convicted of misdemeanor domestic violence offenses, and individuals subject to certain protective orders.

Prohibited Locations

Examples of "prohibited locations" where concealed handguns are off limits include:

• courtrooms and courthouses
• meeting room where a governing body or legislative committee is convening
• school buildings or grounds
• places of worship
• professional and semi-professional sporting events
• bars that derive more than half their income from alcohol sales
• hospitals and trauma centers, and
• polling places during an election.

A person, entity, or employer can also restrict firearms on their premises by posting notice of firearm restrictions or asking a person to remove their handgun from the premises. Local governments have likewise enacted similar firearm restrictions in public places (although their authority to do so is being litigated).

Exceptions

The above restrictions don't generally apply to law enforcement officers and certain security personnel, or handguns kept in parked vehicles when locked up or placed in an enclosed case and unloaded.

Penalties for Unlawfully Carrying a Concealed Handgun

The penalties for unlawfully carrying a concealed handgun depend on the circumstances. Prohibited persons who unlawfully possess a handgun are guilty of felonies under state and federal laws. An underage person, on the other hand, might face only misdemeanor state charges. Carrying a concealed handgun in a prohibited place will usually be a misdemeanor, but possessing any firearm at a school is a felony.

(Neb. Rev. Stat. §§ 13-330, 28-1201, 28-1202.01, 28-1204.04, 28-1206 (2025); 18 U.S.C. § 922 (2025); Neb. A.G. Opinion 23-009.)

Requirements for Carrying a Concealed Handgun in Nebraska

While a person no longer needs a permit, anyone who carries a concealed handgun in Nebraska must carry ID (state, federal, or tribal) and present it to police or first responders upon demand. A violation carries misdemeanor penalties.

Also, a person who's pulled over by police or otherwise in contact with police or any first responder must immediately inform the officer or responder about their concealed gun. Failure to notify is a misdemeanor but can increase to a felony for repeat violations. The officer or responder may take and secure the gun pending the outcome of the contact. Any person who's a safety threat, arrested, or found to be physically or mentally incapable of handling a gun will not get it back right away.

(Neb. Rev. Stat. §§ 28-1202.03, 28-1202.04 (2025).)

Nebraska Prohibitions on Carrying Concealed Weapons

Nebraska has few limitations on carrying concealed weapons (other than handguns). The law restricts prohibited persons and minors (defined as those under 21) from carrying concealed weapons, such as knives and brass or iron knuckles. Knives include instruments with blades longer than 3.5 inches that are capable of producing serious bodily harm or any other dangerous instrument that can cut, stab, or inflict serious bodily harm on another.

(Neb. Rev. Stat. §§ 28-1201, 28-1202 (2025).)

Open Carry Laws and Restrictions in Nebraska

Nebraska law doesn't place many restrictions on openly carrying handguns or other weapons for those who are authorized to possess such weapons. Generally speaking, this means adults 18 and older can openly carry, as long as they are not a prohibited person or in a restricted location.

As discussed above, prohibited persons—such as felons, fugitives, and those illegally in the U.S.—cannot possess any firearms, knives, or brass or iron knuckles. Nebraska also prohibits possession of handguns by minors younger than 18, unless serving in the military or during firearm training while supervised.

Restricted locations may include certain federal or state property where firearms and weapons are generally prohibited, as well as property where the owner prohibits firearms. Local governments have also enacted various firearm restrictions (but their authority to do so is being litigated).

(Neb. Rev. Stat. §§ 28-1204, 28-1206 (2025).)

Illegal Weapons Use in Nebraska

You can be charged with a separate felony in Nebraska if you use or possess a gun or another deadly weapon while committing a felony. Punishment will depend on the weapon and the circumstances.

Under state law, it's a Class ID felony to fire a gun intentionally at someone's home or any occupied building or vehicle. Within certain large cities or counties, it's a Class IC felony to fire a gun, either intentionally or recklessly, in a motor vehicle (or nearby after leaving a vehicle), or in the general direction of a person, residence, building, or occupied vehicle. Cities may also have their own regulations on firing guns within city limits.

(Neb. Rev. Stat. §§ 28-1212.02, 28-1212.04 (2025).)

Prohibited Weapons in Nebraska

Nebraska outlaws the possession of certain weapons, including:

• machine guns
• short-barreled shotguns
• stolen guns
• guns with the serial numbers removed or defaced
• destructive devices such as bombs, grenades, or Molotov cocktails; and
• explosive materials (without an appropriate permit).

Violations are considered a felony, but the exact penalties depend on the weapon.

(Neb. Rev. Stat. §§ 28-1203, 28-1207, 28-1212.03, 28-1213, 28-1215 (2025).)

Getting Legal Help

If you're facing weapons-related criminal charges in Nebraska, speak with a criminal defense lawyer or public defender right away. Many weapons violations are felonies, which can result in significant prison time and become part of your permanent criminal record. An experienced attorney can help protect your rights, negotiate a favorable plea bargain when that's appropriate, and defend you in court if it comes to that.