Please Note: In addition to state laws, the purchase, sale and (in certain circumstances) the possession and interstate transportation of firearms is regulated by the Gun Control Act of 1968, as amended by the Firearm Owners' Protection Act. Also, cities and localities may have their own firearms ordinances in addition to federal and state laws. Details may be obtained by contacting local law enforcement authorities, and by consulting the State Laws and Published Ordinances--Firearms, available from the U.S. Government Printing Office, Washington D.C. 20402.
Rifles and
Shotguns Handguns
_____________________
Permit to Purchase No Yes
Registration of Firearms No No
Licensing of Owner No No
Permit to Carry No N/A *
* There is no permit to carry concealed weapons.
It is unlawful for any person who has been convicted of a felony or who is a fugitive from justice to possess ``any firearm with a barrel less than eighteen inches in length.''
It is unlawful for any person under 18 to possess a handgun ``or any other form of short-barreled hand firearm.'' Exempt from this prohibition are persons temporarily loaned such firearms ``for instruction under the immediate supervision of a parent or guardian or adult instructor.''
Application for the certificate may be made in person or by mail with the sheriff or police chief of the applicant's place of residence. A background check is conducted within 2 days. A certificate shall be issued if the applicant is 21 or older and is not prohibited by federal law from purchasing or possessing a handgun. The fee is $5.00 and the certificate is valid for 3 years to purchase any number of handguns. No civil liability shall arise to any law enforcement agency that complies with the statute.
A person may appeal to the county court in his place of residence within 10 days of receipt of notice of a denial, revocation, or failure to issue a certificate within 2 days of application. The filing fee is $10.00 and the court must issue its decision within 30 days of the filing of the appeal.
Handgun shall mean any firearm with a barrel less than sixteen inches in length or any firearm designed to be held and fired by the use of a single hand.
Any person desiring to purchase, lease, rent, or receive transfer of a handgun shall apply with the chief of police or sheriff of the applicant's place of residence for a certificate. Person must be 21 years of age and not prohibited from purchasing or possessing a handgun according to federal law. A fee of $5.00 shall be charged for a criminal history record check. The certificate is valid for 3 years throughout the state.
Upon receipt of application, the chief of police or sheriff shall issue a certificate or deny a certificate and furnish the applicant the specific reasons for the denial in writing within 2 days. Any person denied a certificate, revoked, or who has not been issued a certificate upon expiration of the two-day period may appeal within 10 days of receipt of the denial or revocation to the county court of the county of the applicant's place of residence. The applicant shall file with the court the specific reasons for the denial or revocation by the chief of police or sheriff and a filing fee of $10.00 in lieu of any other filing fee required by law. The court shall issue its decision within 30 days of the filing of the appeal.
No importer, manufacturer, or dealer shall sell or deliver any handgun to another person, other than a licensed importer, manufacturer, dealer, or collector, until he has inspected a valid certificate issued to such person, inspected a valid identification containing a photograph of such person, obtained a completed consent form from the potential buyer or transferee, which form shall be established by the Nebraska State Patrol and provided by the licensed importer, manufacturer, or dealer, and after January 1, 1995, received approval from the Nebraska State Patrol by means of a toll-free telephone call. The fee for the instant check shall be $3.00. The instant check may be used in place of the permit. Exempt from the instant check are importers, manufacturers, collectors, and dealers. Exempt from the permit requirement is a transfer between a person's spouse, sibling, parent, child, aunt, uncle, niece, nephew or grandparent.
It is unlawful to knowingly and intentionally to sell, provide, loan, deliver, or in any other way transfer the possession of a firearm to a person under 18 years of age or attempt the same. This shall not apply to the transfer of a firearm, other than a handgun or short-barreled hand firearm, from a relative within the second degree of consanguinity or affinity if the transfer of physical possession of such firearm does not occur until such time as express permission has been obtained from the person's parent or guardian, for a legitimate and lawful shooting purpose; or who is under direct adult supervision in an appropriate educational program.
It is an affirmative defense that the accused was, at the time of carrying, engaged in any lawful business, calling or employment, and the circumstances in which such person was placed at the time were such as to justify a prudent person in carrying concealed for the defense of his person, property or family.
There is no statutory provision for obtaining a license or permit to carry a concealed handgun.
To be considered concealed a handgun must be out of sight and readily accessible. Handguns in a closed glove compartment are considered readily accessible; however, a handgun in a locked glove compartment is generally considered not readily accessible.
Shotguns in a vehicle must be unloaded in chamber and magazine.
Any firearm carried in a snowmobile must be unloaded and cased.
It is unlawful to carry or possess a firearm in a game preserve, refuge or sanctuary. An exception is made for transporting firearms by road through the game preserve, refuge or sanctuary, provided the firearms are unloaded and cased or not readily accessible.
State law allows the possession and sale of machine guns provided that federal law is complied with.
It is unlawful to ``knowingly'' possess, receive, sell, or lease ``any firearm'' from which the manufacturer's identification mark or serial number has been removed, defaced, altered, or destroyed.
It is also unlawful to ``intentionally'' remove, deface, cover, alter, or destroy the manufacturer's identification mark or serial number or other distinguishing numbers on ``any firearm.''
It is unlawful to shoot from a vehicle, or shoot across or from a public road.
It is unlawful to possess a firearm in a school, on school grounds, in a school-owned vehicle, or at a school-sponsored activity or athletic event. This shall not apply to members of the armed forces, peace officers or other duly authorized law enforcement officers when on duty or training, firearms which may lawfully be possessed by the person receiving instruction, for instruction under the immediate supervision of an adult instructor, or firearms contained within a private vehicle operated by a non-student adult which are not loaded and are encased or are in a locked firearm rack that is on a motor vehicle.
Dealers of firearms shall distribute to all purchasers information developed by the Department of Health regarding the dangers of leaving loaded firearms unattended around children.
SOURCE: Neb.Rev.Stat. Sec. 28-1201 etse4, Sec. 37417, Sec. 37-501.
Caution: State firearms laws are subject to frequent change. The above summary is not to be considered as legal advice or a restatement of law. To determine the applicability of these laws to specific situations which you may encounter, you are strongly urged to consult a local attorney.
Compiled by:
NRA Institute for Legislative Action
11250 Waples Mill Road
Fairfax, Virginia 22030
(c) 1994, NRA Institute for Legislative Action.
NS 01230 Rev. 8/94 5M