Eleanor Finch
Nebraska is a constitutional carry state, meaning that any person, other than a minor or a prohibited person, can carry a concealed handgun anywhere in the state, with or without a permit. This law, also known as LB 77, was signed by Governor Jim Pillen in April 2023, making Nebraska the 27th constitutional carry state in the US. The new law removes the requirement for state-mandated gun safety training and allows persons over 21 to carry concealed firearms without a state permit. However, it is important to note that other states may not accept the Nebraska Constitutional Carry law, and individuals are responsible for abiding by the laws of the specific state they are carrying in.
| Characteristics | Values |
|---|---|
| Status of Nebraska Constitutional Carry | In effect as of April 25, 2023 |
| Who can carry a concealed handgun? | Anyone except minors and prohibited persons |
| Is a permit required? | No, but a Nebraska Concealed Handgun Permit (CHP) is available |
| Minimum age to obtain a CHP | 21 years old |
| Training course required for CHP? | Yes |
| Is there a limit to the number of concealed handguns that can be carried? | No |
| Is a refund available for previously issued CHP? | No |
| Is Nebraska Constitutional Carry law accepted in other states? | Not necessarily. Each state has its own requirements and laws. |
| Is there a duty to inform law enforcement/emergency services if carrying a firearm? | Yes. Failure to do so can result in a misdemeanor or felony charge. |
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What You'll Learn
Nebraska's Constitutional Carry Bill (LB 77)
LB 77 allows any person, except a minor or a prohibited person, to carry a concealed handgun anywhere in Nebraska, with or without a permit under the Concealed Handgun Permit Act. The minimum age to obtain a Nebraska Concealed Handgun Permit (CHP) is 21 years old. Applicants must also complete a firearms training course. Permits are restricted to residents and military personnel and their spouses stationed in Nebraska.
Prior to the passage of LB 77, it was already legal to carry a firearm openly in Nebraska, except in businesses and other places where it was prohibited. However, a state concealed carry permit cost $100, with an additional $100-$200 for the required training course. LB 77 removes the requirement to obtain a state permit and pass a gun safety course. It also nullifies local gun ordinances, such as those in Omaha and Lincoln.
Supporters of LB 77 argue that law-abiding Nebraskans should not have to pay to exercise their constitutional right to bear arms. They view the bill as a slight modification to state law, intended to clean up the laws and allow people to protect themselves, their families, and their businesses.
However, opponents of the bill have expressed concern that LB 77 would normalize the proliferation of guns, contributing to a rise in teen suicides and gun violence. They also argue that it would expand the definition of a "prohibited person," potentially leading to longer jail sentences for certain individuals found carrying a gun during a crime.
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No limit to the number of concealed handguns
Nebraska is a constitutional carry state, meaning that any person, other than a minor or a prohibited person, can carry a concealed handgun anywhere in Nebraska, with or without a permit. The Constitutional Carry Bill (LB 77) was passed by the Nebraska Legislature in 2023, making Nebraska the 27th constitutional carry state in the US.
Nebraska statute does not limit the number of concealed handguns a permit holder may carry. Carrying more than one concealed handgun is not a violation of the law. However, it is important to note that there are specific places where carrying a concealed handgun is prohibited. These include police, sheriff, or Nebraska State Patrol stations, detention facilities, courtrooms, polling places, financial institutions, schools, places of worship, hospitals, and government buildings, among others.
The minimum age to obtain a Concealed Handgun Permit (CHP) in Nebraska is 21 years old. Applicants must also complete a firearms training course. Permits are restricted to residents and military personnel and their spouses stationed in Nebraska. It is important to note that non-residents with a license or permit from another state that Nebraska honors can also legally conceal carry in the state.
While LB 77 waives the state-mandated safety training, the Lincoln Police Department recommends that individuals who plan to carry a concealed handgun take a safety course to understand how to safely handle firearms. Additionally, Nebraska statute requires individuals carrying a concealed firearm to inform law enforcement or emergency services personnel upon contact. Failure to do so can result in legal consequences.
It is important to be aware of the specific laws and regulations regarding concealed carry in Nebraska, as they may change over time. It is the responsibility of individuals carrying firearms to stay informed and comply with the relevant statutes and restrictions.
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No refunds for Concealed Handgun Permits
Nebraska became a constitutional carry state in 2023, allowing individuals to carry a concealed handgun anywhere in the state with or without a permit. However, this does not eliminate the need for a Concealed Handgun Permit (CHP) as other states may require a permit for individuals to carry a concealed weapon.
While the Constitutional Carry Bill (LB 77) allows individuals to carry a concealed handgun without a permit, there are still specific requirements that must be met. For example, the minimum age to obtain a CHP in Nebraska is 21 years old, and applicants must complete a firearms training course. Additionally, there are certain places where individuals are prohibited from carrying a concealed handgun, such as police stations, detention facilities, courtrooms, polling places, schools, hospitals, and establishments that primarily sell alcoholic liquor.
The Nebraska State Patrol will not issue refunds for any costs associated with obtaining a Concealed Handgun Permit, even after the Constitutional Carry Bill (LB 77) took effect. This includes individuals with existing pending applications for a permit. The permit is valid for a five-year period, and the renewal fee is $50, which can be paid in cash or by check. There is an additional fee of $4.50 for paying with a credit or debit card or e-check online.
It is important to note that the laws regarding concealed carry may vary from state to state, and individuals are responsible for abiding by the laws of the specific state they are carrying in. While Nebraska offers resident and non-resident permits, other states may have different requirements and limitations. Therefore, it is essential to check the laws of each state before carrying a concealed handgun.
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Nebraska's Constitutional Carry law not accepted in other states
Nebraska's Constitutional Carry law, LB 77, was passed by the Nebraska Legislature in 2023, allowing any person, other than a minor or a prohibited person, to carry a concealed handgun anywhere in Nebraska, with or without a permit under the Concealed Handgun Permit Act. This means that a person in the state of Nebraska can carry more than one concealed handgun on or about their person without violating the law.
However, it is important to note that the Nebraska Constitutional Carry law may not be accepted in other states. Each state has its own laws and requirements regarding the carrying of concealed firearms, and it is the responsibility of the gun owner to be aware of these laws. While Nebraska's Constitutional Carry law allows for permitless carry within the state, other states may have different regulations in place. Therefore, it is not safe to assume that other states will accept Nebraska's law.
For example, some states may require a conceal carry license or permit for anyone carrying a gun in a car, even if the gun is in open view. Additionally, specific locations within a state may have restrictions on carrying concealed handguns, even for permit holders. These locations can include police stations, detention facilities, courtrooms, schools, hospitals, and places of worship. As such, it is crucial for gun owners to familiarize themselves with the laws of each state they intend to carry in to ensure they are complying with the local regulations.
Furthermore, while Nebraska's law does not eliminate the requirement for a background check to purchase a gun, other states may have different procedures in place. It is essential for gun owners to understand the specific requirements and restrictions of each state they plan to visit or travel through to avoid legal repercussions.
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Nebraska's Constitutional Carry law applies to non-residents
Nebraska's Constitutional Carry law, LB 77, allows any person, other than a minor or a prohibited person, to carry a concealed handgun anywhere in Nebraska, with or without a permit under the Concealed Handgun Permit Act. A minor is anyone under the age of 19 in Nebraska. A prohibited person in Nebraska is someone who has been convicted of any felony, a misdemeanor crime of domestic violence, or is subject to a valid restraining order/protection order in any state within the US. It is the responsibility of the individual to know if they are a prohibited person under state or federal law.
While Nebraska's Constitutional Carry law allows for permitless carry within the state, it is important to note that this may not be the case in other states. Other states may have different requirements and/or laws that affect the legality of carrying a concealed handgun without a permit. Individuals are responsible for abiding by the laws of the specific state they are carrying in. Therefore, when traveling to another state, it is essential to do your research and contact the state to ensure you are complying with their laws.
Additionally, there are certain places in Nebraska where carrying a concealed handgun is prohibited, even with a permit. These places include police stations, detention facilities, courtrooms, polling places during elections, meetings of governing bodies, financial institutions, athletic events, schools, places of worship, hospitals, political rallies, establishments deriving over half of their income from alcoholic liquor sales, and other places where the possession or carrying of a firearm is prohibited by state or federal law.
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Frequently asked questions
Yes, Nebraska is a constitutional carry state as of April 25, 2023.
The Nebraska Constitutional Carry law, also known as LB 77, allows any person over 21 years old, except minors and prohibited persons, to carry a concealed handgun anywhere in Nebraska, with or without a permit.
Yes, there are certain places in Nebraska where carrying a concealed handgun is prohibited, including police stations, courthouses, schools, hospitals, and athletic events.
Yes, according to Nebraska Revised Statute 28-1204.03 subsection 3, there is a duty to inform law enforcement if you are carrying a firearm. Failure to do so can result in legal consequences.
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