Omar Bennett
Nebraska's permitless concealed carry law, LB 77, took effect on September 2, 2023, allowing individuals 21 and older to carry concealed weapons without a permit or state-mandated gun safety training. This law, advocated by State Senator Tom Brewer, provides Nebraskans with a constitutional right to carry firearms for personal protection, with certain exceptions, such as prohibiting possession by individuals with specific misdemeanors. While LB 77 removes mandatory safety training, some recommend voluntary training for safe handling. Omaha Mayor Jean Stothert and Omaha City Council members opposed LB 77, and Stothert issued an executive order banning firearms on city-owned properties, effective the same day as LB 77.
| Characteristics | Values |
|---|---|
| Date of Effect | 2nd September 2023 |
| Bill Number | LB 77 |
| Age Limit | 21 and older |
| Training Requirements | No state-mandated safety training required, but recommended by police |
| Prohibited Places | Church, bank, school |
| Alcohol and Controlled Substances | Cannot carry a firearm if consumed |
| Notification to Law Enforcement | Required |
| Storage | Firearms must be locked in a lockbox or stored in a locked container attached to the vehicle |
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What You'll Learn
Nebraska's LB 77 law
The law was signed by Governor Jim Pillen on April 25, 2023, marking the culmination of State Senator Tom Brewer's multi-year advocacy for a proposal similar to LB 77. Senator Brewer celebrated the law's passage, stating that "Nebraskans will no longer have to ask the government for permission to carry a concealed handgun." He further emphasized that the law aligns with Nebraska's values and represents an extra measure of liberty for its citizens.
However, it is important to note that the law does not apply to minors or individuals prohibited from possessing firearms. Additionally, the city of Lincoln maintains restrictions on firearm possession for individuals convicted of specific misdemeanours within the last decade, including stalking, violation of protection orders, sexual assault, and public indecency.
While LB 77 waives mandatory safety training, law enforcement agencies like the Lincoln Police Department recommend that individuals planning to carry a concealed handgun voluntarily undertake a safety course. They emphasize the critical nature of understanding how to safely handle different firearms to reduce the risk of accidents.
The passage of LB 77 sparked intense debates, with Omaha Mayor Jean Stothert and a majority of Omaha City Council members opposing it. In response, Mayor Stothert issued an executive order banning firearms on city-owned properties, which also came into effect on the same Saturday as the LB 77 law.
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No permit or training required
Nebraska's permitless concealed carry law, LB 77, went into effect on September 2, 2023. The law grants Nebraskans aged 21 and over the right to carry concealed firearms without a state permit or state-mandated gun safety training. This aligns with the belief that the US Constitution gives people the right to carry concealed guns without a permit.
Previously, those wishing to carry a concealed weapon in Nebraska were required to obtain a permit from their local sheriff's office. This is no longer necessary, and Nebraska joins 26 other states in allowing permitless concealed carry.
While LB 77 removes the requirement for state-mandated safety training, some still recommend that gun owners seek out training to promote responsible gun ownership. The Lincoln Police Department, for example, has encouraged those carrying a concealed handgun to take a safety course. Similarly, Omaha Police have urged gun owners to seek training and act responsibly.
In addition to removing the permit and training requirements, LB 77 made it illegal for localities to restrict firearms beyond state law. This includes the removal of the handgun registry requirement for residents of Omaha, Nebraska. Despite these changes, there are still some places where carrying a concealed firearm is prohibited, such as churches, banks, and schools. In these cases, firearms must be securely stored in a vehicle.
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Concealed carry restrictions
On April 25, 2023, Nebraska became the 27th constitutional carry state in the US. The new law, LB 77, allows individuals over 21 to carry concealed handguns without a permit or state-mandated gun safety training. However, it is important to note that this law does not apply to minors or individuals prohibited from possessing firearms under federal law. Nebraska joins 26 other states that have similar laws in place.
While the law removes the requirement for a permit and safety training, the Lincoln Police Department still recommends that individuals who plan to carry a concealed handgun take a safety course. They emphasize that understanding how to safely handle firearms is critical to reducing the risk of accidents.
Despite the new law, there are still some restrictions on concealed carry in Nebraska. For example, the city of Lincoln prohibits the possession of firearms by individuals convicted of certain misdemeanours within the last 10 years, including stalking, violation of a protection order, sexual assault, and public indecency. Additionally, Omaha Mayor Jean Stothert issued an executive order banning firearms on city-owned properties, which took effect on the same day as LB 77.
It is worth noting that concealed carry laws vary from state to state in the US. Some states that allow permitless carry may still impose restrictions on certain places or during specific events or gatherings. Other states may have partial restrictions based on an individual's location, the loaded/unloaded state of the firearm, or specific persons who are permitted to carry without a license. Therefore, it is essential to refer to each state's laws and restrictions regarding concealed carry.
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Gun safety training
As of September 2023, Nebraska is a constitutional carry state, meaning that people over 21 years old have the right to carry concealed guns without a permit. However, this does not mean that gun safety training is no longer important. In fact, despite LB 77 waiving state-mandated safety training, the Lincoln Police Department still recommends that those who plan to carry a concealed handgun take a safety course.
In addition to the NRA, there are other firearm training companies, such as Liberty Firearms Training in Missoula, Montana, which offers comprehensive courses including concealed carry, personal safety, police encounters, and active shooter response. Their courses are designed to instill and enhance the knowledge, skills, and attitude that will lead to a lifetime of safe, enjoyable, and successful involvement in firearm activities.
When considering gun safety training, it is important to choose a reputable organization with experienced instructors. It is also crucial to remember that gun safety is an ongoing practice that requires continuous learning and improvement. Even if a state does not require safety training, it is always a good idea to prioritize education and training to ensure the safe handling of firearms.
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Nebraska's constitutional right
The right to carry concealed firearms without a state-mandated gun safety training is based on the belief that the US Constitution already grants citizens the right to bear arms. This is enshrined in the Second Amendment, which states, "A well-regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed."
While LB 77 removes the requirement for a permit from the local sheriff's office, local law enforcement agencies and city governments have expressed mixed reviews. The Lincoln Police Department recommends that individuals planning to carry a concealed handgun take a safety course to understand how to handle firearms safely. Additionally, Omaha Mayor Jean Stothert issued an executive order banning firearms on city-owned properties, which also took effect on September 2.
It is important to note that there are still restrictions and regulations surrounding the constitutional carry law in Nebraska. For example, individuals must securely store their firearms in their vehicles when entering prohibited places such as churches, banks, or schools. Additionally, consuming alcohol or controlled substances (other than prescriptions) while carrying a concealed firearm is illegal.
While Nebraska no longer requires a permit for carrying a concealed handgun, individuals may still choose to obtain one for various reasons. These include receiving valuable training in handling firearms safely and facilitating travel to other states with reciprocity agreements with Nebraska.
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Frequently asked questions
Nebraska's constitutional carry law, LB 77, took effect on September 2, 2023.
The law states that Nebraskans 21 and older can carry concealed weapons without a permit.
For a first offense, the penalty is a Class 3 Misdemeanor, which can result in up to 90 days in jail, a $500 fine, or both. A second or subsequent offense is a Class 1 Misdemeanor, punishable by a $1,000 fine, 1 year in jail, or both.
While a permit is no longer required under LB 77, there are still several reasons why you may want to consider obtaining one, such as for training and travel purposes.
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