Nebraska Open Carry: Laws, Requirements, Application & Online Training
Nebraska allows the use of firearms and other weapons within the state, but there are specific locations and situations where the possession of firearms is restricted. If you’re interested in open carry in Nebraska, it’s essential to understand the state’s gun laws, including what firearms you can carry and how you can do so without infringing on the law.
Nebraska is known for its permissive attitude towards open carry, allowing residents who are eighteen years or older to openly carry firearms in most areas of the state. However, there are certain restrictions and regulations to ensure public safety. This article will provide a detailed overview of Nebraska’s open carry laws, covering everything from the application process for concealed carry permits to the places where open carry is prohibited.
Nebraska Gun Law Summary
To possess firearms legally in Nebraska, residents can obtain a concealed carry license issued by the state patrol department. Nebraska is a shall-issue state, which means that if applicants meet all the necessary requirements, the state must issue them a permit. This permit not only allows for concealed carry but also facilitates firearm purchases and exempts holders from certain background checks.
The minimum age to apply for a firearm permit is twenty-one, and applicants must meet all the state’s requirements.
Is Open Carry Legal In Nebraska?
Yes, open carry is legal in Nebraska for residents who are at least eighteen years old and do not have any firearm restrictions at the state or federal level. Nebraska is considered a permissive open carry state, meaning that, in most territories, you do not need a permit to openly carry a firearm. However, some local counties may require a concealed handgun permit for open carry.
There are exceptions to open carry rules. Machine guns and other semi-automatic firearms are not allowed for open carry except for 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 a permit before open carry, but local restrictions may apply, like in the city of Omaha.|
|Firearm registrations for open carry||No||No||The state gun laws do not talk about firearm registrations for open carry.|
|Assault weapon for open carry||No||No||Nebraska prohibits the possession, sales, and purchase of assault weapons.|
|Magazine limit||No||No||There are no restrictions on large capacity firearms or limits on rounds in a firearm magazine.|
|License for the owner of a firearm||Not required||Not required||Nebraska gun laws do not require a license before owning 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.|
Where Is It Legal To Open Carry In Nebraska?
Residents can open carry firearms in several areas of Nebraska, including:
- Restaurants and bars: Unless there is a post prohibiting it or if you are under the influence of alcohol, you can open carry in restaurant areas.
- Roadside areas: Open carry is allowed in roadside areas throughout the state.
- State parks and forests: You can open carry in state parks, forests, and 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 stations: You cannot open carry in any police station within the state of Nebraska.
- Prisons: Open carry is not allowed in jails, prisons, detention facilities, or correctional homes.
- Courthouses: Open carry is prohibited in any courthouse or during court proceedings.
- Political subdivision meetings: Open carry is not allowed in any meeting for the governing body of the state, municipalities, districts, or counties.
- Legislative meetings: Possessing firearms or open carrying is not allowed in any legislative committee meetings.
- Financial institutions: Open carry or possession of firearms is not permitted in banks, credit unions, or any other financial institution.
- During sports events: Open carry is prohibited during professional sporting events, except those related to shooting firearms.
- Places of worship: Open carry is not allowed in mosques, churches, synagogues, or other places of worship.
- Hospital: Open carry is not allowed in hospitals, healthcare centers, or any other health institution.
- Political event: Open carry is prohibited in any state political rally or fundraising event.
- Bars: Open carry is not allowed in bars or establishments where alcohol generates more than half of the total income.
- Private property: Open carry is not allowed in private parks with prohibition signs.
- Schools: Open carry or possession of firearms is not allowed in schools, colleges, universities, or other educational institutions.
- Game refuges: Open carry is prohibited in game refuge areas.
- Prohibited places: Open carry or possession of firearms is not allowed in regions prohibited by federal laws or state regulations, like the Offutt Air Force Base.
Relevant Open Carry Law And Legislature In Nebraska
Nebraska has specific regulations related to open carry and firearms, such as:
No Weapon Sign
Nebraska enforces the no weapon sign in any building accessible to the general public. If you possess a firearm or any other weapon, you must remove it before entering such a place.
Preemption Gun Laws
Nebraska is a partial preemption gun law state, meaning the state government has authority on all firearm laws except in villages or cities considered second class.
Nebraska prohibits the illegal brandishing of firearms. Deliberately threatening a person with a firearm or any other weapon is a crime, except in self-defense.
Possession Of Firearms Under The Influence
You cannot possess a firearm while under the influence of alcohol or any controlled substance.
Open Carry While Hunting
Open carry is allowed while hunting in Nebraska, except during bow hunting. Archery permit holders must not use firearms to hunt specific games.
Nebraska Hunter Harassment Law
Nebraska has laws against disturbing, pursuing, or interfering with legal hunting activities. Hunter harassment is unlawful and carries penalties.
Nebraska is a permissive open carry state, allowing residents to openly carry firearms without a permit in most areas. However, there are restrictions in specific locations, and it’s crucial to understand the state’s laws to avoid legal complications. While open carry is generally permitted, certain places like schools, courthouses, and financial institutions strictly prohibit it. Knowing and respecting these laws ensures that firearm owners can exercise their rights responsibly and safely.
FAQs About Open Carry Nebraska
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. However, local regulations may require permits for open carry, such as in the city of Omaha.
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 older.
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 permits only to residents and military personnel posted to the state. However, you can use permits from other states that Nebraska reciprocates with.