Nebraska Gun Laws are based on the Article 1, Section 1 of its State Constitutional Provision that reads, “All persons … have certain … rights, among these are … the right to keep and bear arms for security or defense of self, family, home, and others, and for lawful common defense, hunting, recreational use, and all other lawful purposes, and such rights shall not be denied or infringed by the state or any subdivision thereof.”
In general, Nebraska Gun Laws do not require permit to purchase, registration and licensing of rifle or shotgun owners. Registration and licensing of handgun owners are also not required. However, a permit to purchase is required when buying handguns and a Concealed Handgun Permit (CHP) is needed by individuals who wish to possess handguns in public places which are not prohibited by federal and state laws.
Validity of Permits Issued Under Nebraska Gun Laws in Other Jurisdictions
Permits issued under Nebraska Gun Laws are valid in the following states:
- New Mexico
- North Carolina
- North Dakota
- South Dakota
On the other hand, permits issued from these states are honored by Nebraska Gun Laws:
- New Jersey
- New Mexico
- North Carolina
- North Dakota
- Ohio, Oklahoma
- Rhode Island
- South Carolina
- West Virginia
- District of Columbia
Key Provisions of Nebraska Gun Laws
Here are the key requirements and restrictions stated in Nebraska Gun Laws that every owner and possessor of gun must abide with:
1. Under Nebraska Gun Laws, a handgun is classified as a firearm that has a barrel length of less than 16 inches or any type of gun that is intended or designed to be held and fired through the use of one hand.
2. A buyer or recipient of a handgun being transfered is exempted from securing a certificate to purchase if he is a federally registered firearms dealer or a bona fide gun collector acquiring an antique firearm. Likewise, transfers wherein the receiver is a law enforcement agency, between family members up to the second degree of consanguinity or affinity, or temporary transfer wherein the recipient is within the line of sight of the transferor or within the transferor’s established shooting facility is allowed without the need of a certificate.
3. An individual who is at least 21 years old and does not possess any of the disqualifying factors stated under federal and Nebraska Gun Laws is allowed to secure a certificate to purchase. This kind of certificate is valid for three years and can be used for multiple purchases of handguns.
4. A person securing a certificate is required to submit all the documentary requirements and pay the fees imposed by the sheriff or police chief of the applicant’s place of residence. The applicant is subjected also to a background check.
5. The approving authority may deny an application based on reasonable grounds provided by the law within two days. However, the applicant may still file an appeal to the county court of his place of residence if his application has been denied or no certificate has been issued two days after his filing. It should be noted that appeals should be filed within 10 days after receiving the denial of the issuing authority.
6. The possession of firearm of a person below 18 years old is considered as illegal unless he is a member of the US Armed Forces or under the direct supervision of an adult instructor, parent or legal guardian.
7. Trading or transferring a firearm to a person under 18 is prohibited unless the transfer is made within the second degree of consanguinity or affinity with the permission of the minor’s parent or legal guardian. Then, if the transferee is engaged in lawful shooting, or he is undertaking an educational program involving guns under an adult instructor he is also freed from this prohibition.
8. A person is also disqualified from possession of guns if he is convicted of felony, a fugitive from justice or has displayed incompetency in handling firearms.
9. Even with a CHP, a private individual is not allowed to possess a handgun in law enforcement offices, jails, detention facilities, polling places during elections, meeting of government officials, athletic events, schools, areas of worship, hospitals open for public access, political activities, establishments that serve intoxicating substances, private properties that specifically ban guns, or the areas specified by federal laws.
10. Carrying a gun while under the influence of intoxicating substances like alcohol or drugs is illegal.
11. When traveling with a gun, it should be unloaded and securely stored in a locked container within the vehicle.
12. The possession or transport of machine gun is illegal for persons that are not under active duty in law enforcement, not peace officers or not members of the US Armed Forces. Also exempted from this restriction are people permitted by federal laws.
13. Possessing a gun with an altered, defaced or removed identification mark, serial number or other distinguishing marks is illegal.
14. Discharging a firearm in public highways, roads and bridges is prohibited.
Under Nebraska Gun Laws, a person is entitled to secure a CHP if he complies with the following conditions:
1. At least 21 years old and he does not possess the disqualifying factors stated by federal and Nebraska Gun Laws.
2. A resident of the state.
3. Can submit two sets of fingerprints.
4. Must pay the necessary fees ($100 for new permits and $50 for renewals).
5. Has good eyesight which is equal to the requirements stated under Class O operator’s driver’s license. He can also get a certification from any licensed eye doctor.
6. Has successfully completed the training course required by the state in the proper and safe use of handguns and ammunition.
The political subdivisions of the state are not allowed to regulate the lawful possession of guns. They are permitted to regulate its discharge or pose sanctions for people carrying concealed weapons illegally though.