Nebraska

Summary of State Firearms Law

Last updated April 20, 2010.

Overview

Nebraska has enacted few gun violence prevention laws. Among other things, Nebraska does not:

• License or regulate firearms dealers;

• Prohibit the transfer or possession of assault weapons, 50 caliber rifles, or large capacity ammunition magazines;

• Limit the number of firearms that may be purchased at one time;

• Impose a waiting period on firearm purchases; or

• Allow law enforcement discretion to deny a permit for the carrying of concealed firearms.

Statistics

Gun Deaths in Nebraska

In 2006, 141 people died from firearm-related injuries in Nebraska.¹

Crime Guns in Nebraska

In 2008, Nebraska ranked 41st among the states in terms of number of crime guns supplied to other states per capita.²

In 2008, 1,525 firearms were recovered in Nebraska and traced by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Of these firearms, 592 were originally sold by gun dealers in Nebraska.³

Number of Federally Licensed Firearms Dealers in Nebraska

There are 662 federally licensed firearms dealers and pawnbrokers in Nebraska.⁴

State "Right to Bear Arms"

Nebraska’s constitution provides for the keeping and bearing of arms, but permits gun regulation for public health and safety purposes.  See LCAV’s State Right to Bear Arms Provisions for more-detailed information.

Local Authority to Regulate Firearms

Nebraska provides limited authority for local jurisdictions to regulate firearms in specific areas.  See LCAV’s State Preemption/Local Authority to Regulate Firearms summary for further information.

State Firearms Policies

Please note that many firearm-related laws have exceptions for military and law enforcement personnel.

Persons Prohibited from Firearm Possession

Prohibited Purchasers Generally

Federal law prohibits certain persons from purchasing or possessing firearms, such as felons, certain domestic abusers, and certain people with a history of mental illness.

Similarly, Nebraska prohibits the following persons from possessing firearms:

• A convicted felon;

• A fugitive from justice;

• Any person subject to a current domestic violence protection order and in knowing violation of that order; or

• Any person convicted within the past seven years of a misdemeanor crime of domestic violence.⁵

Nebraska has no laws preventing the purchase or possession of firearms by: 

• Violent misdemeanants (other than those convicted of a domestic violence misdemeanor);

• Persons with mental illness;

• Drug or alcohol abusers; or

• Juvenile offenders.

For information on the background check process used to enforce these provisions, see the Nebraska Background Checks section.

See Regulating Guns in America:  Prohibited Purchasers for a comprehensive discussion of this issue.

Minimum Age to Purchase / Possess

Nebraska prohibits any person under age 18 from possessing a handgun.⁶ The provisions of this section do not apply to the issuance of handguns to military personnel when on duty or training, or the temporary loan of handguns for instruction under the immediate supervision of a parent or guardian or adult instructor.⁷

A person must be at least age 21 to receive a handgun purchase certificate.⁸  Generally, a handgun purchase certificate is necessary to purchase, lease, rent, or receive transfer of a handgun from an unlicensed person.⁹  See the Nebraska Licensing of Gun Owners/Purchasers section.

Nebraska provides no minimum age for the purchase or possession of rifles and shotguns, although federal age restrictions still apply.

See Regulating Guns in America:  Minimum Age to Purchase / Possess Firearms for a comprehensive discussion of this issue.

Domestic Violence & Firearms

Firearm Prohibitions for Domestic Violence Misdemeanants

Nebraska prohibits any person who has been convicted within the past seven years of a misdemeanor crime of domestic violence from possessing any firearm.¹⁰ "Misdemeanor crime of domestic violence" is defined as:

• A crime:

• That is classified as a misdemeanor under federal, District of Columbia, tribal or state law;

• That has, as an element, the use or attempted use of physical force or the threatened use of a deadly weapon; and

• That is committed by another against his or her spouse, his or her former spouse, a person with whom he or she has a child in common whether or not they have been married or lived together at any time, or a person with whom he or she is or was involved in a dating relationship;¹¹ or

• Certain crimes (or attempt or conspiracy to commit these crimes)¹² committed by another against his or her spouse, his or her former spouse, a person with whom he or she has a child in common whether or not they have been married or lived together at any time, or a person with whom he or she is or was involved in a dating relationship.¹³

Federal law also prohibits the purchase and possession of firearms and ammunition by certain domestic misdemeanants.

Firearm Prohibitions for Persons Subject to Domestic Violence Restraining/Protective Orders

Nebraska prohibits any person who is the subject of a current domestic violence protection order, and who is knowingly violating his or her order, from possessing a firearm.¹⁴   Federal law also prohibits the purchase and possession of firearms and ammunition by persons subject to certain domestic violence protection orders.

Removal or Surrender of Firearms at the Scene of a Domestic Violence Incident
In Nebraska, during an arrest for domestic assault, law enforcement must seize those firearms alleged to have been involved or threatened to be used at the scene of a domestic violence incident.¹⁵ Law enforcement may also remove firearms and ammunition in plain view as necessary to protect the officer or any other person.¹⁶  In addition, law enforcement may remove firearms and ammunition discovered during a consensual search, if necessary to protect the officer or any other person.¹⁷

Nebraska law states that the disposition of firearms seized at a domestic violence scene must be determined by court order.¹⁸

See Regulating Guns in America:  Domestic Violence and Firearms for a comprehensive discussion of this issue.

Disarming Prohibited Persons

Nebraska has no laws requiring the disarmament of persons prohibited from possessing firearms.

Sales & Transfers

Background Checks

Federal law requires federally licensed firearms dealers (but not private sellers) to initiate a background check on the purchaser prior to sale of a firearm. Federal law provides states with the option of serving as a state “point of contact” and conducting their own background checks using state, as well as federal, records and databases, or having the checks performed by the FBI using only the federal National Instant Criminal Background Check System (“NICS”) database. (Note that state files are not always included in the federal database.)

Nebraska is a point of contact state for firearm purchaser background checks for handgun transfers only. In Nebraska, firearms dealers transferring handguns to non-federally licensed transferees must either:

• Inspect photo identification and a valid handgun certificate (which confirms the buyer is at least age 21 and has undergone a background check through the Nebraska State Patrol (NSP)); or

• Inspect photo identification from the potential buyer, obtain a consent form, and process a background check through the NSP’s instant check system.¹⁹

A firearms dealer transferring a long gun must contact the FBI, who performs a NICS check on the purchaser.²⁰

Federal law does not require dealers to conduct a background check if a firearm purchaser presents a state permit to purchase or possess firearms that meets certain conditions.²¹ As a result, handgun purchase certificate holders in Nebraska are exempt from the federal background check requirement when purchasing a handgun.²² (Note, however, that people who have become prohibited from possessing firearms may continue to hold state permits to purchase or permit firearms if the state fails to remove these permits in a timely fashion.)

Nebraska law requires persons wishing to obtain handguns through private sellers (non-firearms dealers) to first obtain a handgun certificate, which requires a background check.²³ Nebraska does not require private sellers (sellers who are not licensed dealers) to initiate a background check when transferring a long gun. See Regulating Guns in America:  Private Sales.

See Regulating Guns in America:  Background Checks for a comprehensive discussion of this issue.

Mental Health Reporting

Federal law prohibits possession of a firearm or ammunition by any person who has been “adjudicated as a mental defective” or involuntarily “committed to any mental institution.”²⁴ No federal law, however, requires states to report the identities of these individuals to the National Instant Criminal Background Check System (“NICS”) database, which the FBI uses to perform background checks prior to firearm transfers.

Nebraska has no law requiring the reporting of mental health information to NICS, although
Nebraska requires that certain mental health records be furnished to the Nebraska State Patrol for the sole purpose of determining whether an individual is prohibited from purchasing or possessing a handgun.²⁵
 
The Nebraska Department of Health and Human Services (“HHS”) maintains a database of all persons ordered committed by the various courts or mental health boards after a determination that the person is or will be dangerous to himself, herself or others by reason of mental illness or defect.²⁶ Court clerks are required to furnish such orders and related information to HHS within 30 days of the order of commitment (this information is not retained for persons who have been discharged from those commitments for more than five years).²⁷ Any information maintained or disclosed is confidential and may not be utilized for any purpose other than determining the person’s eligibility to possess a handgun.²⁸

For general information on the background check process and categories of prohibited purchasers or possessors, see the Nebraska Background Checks section and the section entitled Nebraska Prohibited Purchasers Generally.

See Regulating Guns in America:  Mental Health Reporting for a comprehensive discussion of this issue.

Multiple Purchases / Sales of Firearms

Nebraska imposes no restrictions on purchases or sales of multiple firearms.

See Regulating Guns in America:  Restrictions on Multiple Purchases or Sales of Firearms for a comprehensive discussion of this issue.

Retention of Sales / Background Check Records

Nebraska has no laws requiring the retention of sales or background check records by firearm sellers.

See Regulating Guns in America:  Retention of Firearm Sales and Background Check Records for a comprehensive discussion of this issue.

Waiting Periods

Nebraska has no law imposing a waiting period prior to the sale of a firearm.

See Regulating Guns in America:  Waiting Periods for a comprehensive discussion of this issue.

Gun Dealers & Other Sellers

Dealer Regulations

Federal law requires firearms dealers to obtain a license from the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), although resource limitations prevent the ATF from properly overseeing all its licensees.

Nebraska has no law requiring firearms dealers to obtain a state license. However, firearms dealers are subject to state laws governing gun sales generally. 

Firearms dealers are required to distribute to gun purchasers information developed by the Nebraska Department of Health and Human Services regarding "the dangers of leaving loaded firearms unattended around children."²⁹

For laws requiring dealers to conduct a background check on prospective firearm purchasers, see the Nebraska Background Checks section.

See Regulating Guns in America:  Dealer Regulations for a comprehensive discussion of this issue.

Private Sales

Persons wishing to obtain handguns through private sellers (non-firearms dealers) must obtain a handgun certificate, and are therefore subject to a background check.³⁰ See the Nebraska Background Checks and Nebraska Licensing of Gun Owners/Purchasers sections for further information. A transferee is not required to obtain a handgun certificate, however, if:

• The transferee is a licensed firearms dealer under federal law;

• The handgun is an antique;

• The transferee is authorized to do so on behalf of a law enforcement agency;

• The transfer is temporary and the transferee remains: 1) in the line of sight of the transferor; or 2) within the premises of an established shooting facility; or

• The transfer is between a person and his or her spouse, sibling, parent, child, aunt, uncle, niece, nephew, or grandparent.³¹

Transfers of rifles and shotguns by private sellers are not subject to background checks in Nebraska, although federal and state purchaser prohibitions still apply.

Nebraska prohibits any person from knowingly and intentionally transferring, or attempting to transfer, a firearm to a juvenile (any person under age 18).³²  However, the state does not prohibit the transfer of a long gun to a juvenile:

• Who is related to the transferor within the second degree of consanguinity or affinity if the transfer of physical possession does not occur until the juvenile's parent or guardian grants express permission;

• Who is under direct adult supervision in an appropriate educational program; or

• For a legitimate and lawful sporting purpose.³³

Nebraska also prohibits any person from knowingly and intentionally obtaining a handgun to transfer it to a person prohibited from receipt or possession of a handgun by federal or state law.³⁴

Nebraska expressly authorizes Nebraska residents not otherwise precluded by applicable laws to purchase, sell, trade, convey, deliver, or transport rifles, shotguns, ammunition, reloading components or firearm accessories in Nebraska and states contiguous to Nebraska.³⁵

See Regulating Guns in America:  Private Sales for a comprehensive discussion of this issue.

Gun Shows

Nebraska has no laws explicitly regulating gun shows. See the Nebraska Private Sales section for state laws that may apply to all gun sales.

See Regulating Guns in America:  Gun Shows for a comprehensive discussion of this issue.

Immunity Statutes

Nebraska law provides:

Compliance with sections 69-2410 to 69-2423 [requiring a licensed dealer to either perform a background check or inspect the transferee’s handgun certificate before the transfer of a handgun] shall be a defense by...the licensee transferring a handgun in any cause of action under the laws of this state for liability for damages arising from the importation or manufacture, or the subsequent sale or transfer, of any handgun which has been shipped or transported in interstate or foreign commerce to any person who has been convicted in any court of any crime punishable be a term of more than one year.³⁶

For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.

See LCAV’s policy page on Immunity Statutes / Manufacturer Litigation for further information.

Gun Owner Responsibilities

Firearms in Public Places

Concealed Weapons Permitting

See Regulating Guns in America:  Carrying Concealed Weapons for a comprehensive discussion of this issue.

Nebraska does not prohibit a person from carrying a concealed handgun if the person has a concealed handgun permit.⁵¹

Nebraska is a "shall issue" state, meaning that the Nebraska State Patrol (NSP) must issue a concealed handgun permit if the applicant meets certain qualifications.⁵² An applicant for a permit to carry a concealed handgun must:

• Be at least 21 years of age;

• Not be prohibited from purchasing or possessing a handgun by federal law;

• Possess sufficient powers of eyesight, as demonstrated by a current Nebraska motor vehicle operator's license or a current optometrist's or ophthalmologist's statement;

• Not have pled guilty or no contest to, or not have been convicted of a felony or a crime of violence;

• Not have been found in the previous ten years to be a mentally ill and dangerous person and not be currently adjudged mentally incompetent;

• Have been a Nebraska resident for at least 180 days;

• Not have violated any law relating to firearms, unlawful use of a weapon, or controlled substances in the preceding ten years;

• Not be on parole, probation, house arrest, or work release;

• Be a citizen of the United States; and

• Provide "proof of training."⁵³

“Proof of training” means an original or certified copy of a document certifying that the applicant successfully completed an approved handgun training and safety course within the previous three years, or is a member of the armed forces and has had similar handgun training within the previous three years.⁵⁴

Nebraska requires that a concealed handgun permit applicant complete a handgun training and safety course within the three years prior to issuance of a permit.⁵⁵

Minimum requirements for an approved handgun training and safety course are:

• Knowledge and safe handling of a handgun;

• Knowledge and safe handling of handgun ammunition;

• Safe handgun shooting fundamentals;

• A demonstration of competency with a handgun with respect to the minimum safety and training requirements;

• Knowledge of federal, state and local laws pertaining to the use of a handgun, including but not limited to use of a handgun for self-defense and laws relating to justifiable homicide and the various degrees of assault;

• Knowledge of ways to avoid a criminal attack and to defuse or control a violent confrontation; and

• Knowledge of proper storage practices for handguns and ammunition, including storage practices which would reduce the possibility of accidental injury to a child.⁵⁶

                             Duration & Renewal

A permit to carry a concealed handgun is valid for five years.⁵⁷ The NSP must renew a permit for five years, subject to continuing compliance with the qualifications for the permit.⁵⁸  Renewal may be applied for up to four months before expiration of the permit.⁵⁹ A permit holder is subject to having his or her permit revoked if he or she does not continue to meet the qualifications for the permit.⁶⁰

                             Disclosure or Use of Information

Nebraska does not allow personal application or permit information of concealed handgun permit holders to be made public. The NSP maintains a listing of all applicants and permit holders and any pertinent information regarding such applicants and permit holders.⁶¹ The information is available upon request to all law enforcement agencies, but is confidential and is not considered a public record.⁶²

Any time the discharge of a handgun carried by a permit holder results in injury to a person or damage to property, the permit holder must make a report of such incident to the NSP.⁶³ This information is maintained as part of a listing.⁶⁴

Information about the status of a permit to carry a concealed handgun and the dates of issuance and expiration of such permit are also included within records of the Nebraska Department of Motor Vehicles.⁶⁵

A valid concealed carry handgun permit or license issued by any other state or the District of Columbia is valid in Nebraska if:

• The holder is not a resident of Nebraska; and

• The Nebraska Attorney General has determined that the standards for issuance of the out-of-state license or permit are equal to or greater than the standards imposed by Nebraska.⁶⁶

Open Carrying

Nebraska does not prohibit the open carrying of firearms in public.

Location Restrictions

Nebraska does not generally require firearms in vehicles to be unloaded or locked, although
Nebraska prohibits carrying a loaded shotgun in or on any vehicle on any highway.⁶⁷

If the vehicle is in a safe school zone, a person may still possess a firearm within the vehicle if: 1) he or she is an adult nonstudent and the firearm is unloaded and encased or in a locked gun rack in or on the vehicle; or 2) he or she is a concealed handgun permit holder and the handgun is carried concealed.⁶⁸

Nebraska law allows a concealed handgun permit holder to carry a concealed handgun in a vehicle in the parking area of a location where concealed handgun possession is generally prohibited.  The only requirement is that, prior to exiting the vehicle, the permit holder must lock the handgun inside the glove box, trunk or other compartment of the vehicle, or a storage box securely attached to the vehicle.⁶⁹

An employer may prohibit permit holders from carrying concealed handguns in vehicles owned by the employer.⁷⁰

Nebraska prohibits the possession of a shotgun or rimfire rifle while operating or riding on a snowmobile unless the long gun is unloaded and enclosed in a carrying case.⁷¹ The state also prohibits the owner of a snowmobile from allowing any person to operate the snowmobile while possessing a shotgun or rifle unless the shotgun or rifle is unloaded and encased.⁷²

Guns in Schools

Nebraska prohibits any person from possessing a firearm in a school, on school grounds, in a school-owned vehicle, or at a school-sponsored activity or athletic event.⁷³ “School” means a public, private, denominational, or parochial elementary, vocational, or secondary school, a private postsecondary career school, a community college, a public or private college, a junior college, or a university.⁷⁴

Exceptions include:

• Firearms which may lawfully be possessed by the person receiving instruction, for instruction under the immediate supervision of an adult instructor;

• Firearms which may lawfully be possessed by a member of a college or university rifle team, within the scope of such person's duties as a member of the team;

• Firearms which may lawfully be possessed by a person employed by a college or university in this state as part of an agriculture or a natural resources program of such college or university, within the scope of such person's employment;

• Firearms contained within a private vehicle operated by a nonstudent adult which are not loaded and are: 1) encased; or 2) in a locked firearm rack that is on a motor vehicle; or

• A handgun carried as a concealed handgun by a valid holder of a state permit while in a vehicle or on his or her person while riding in or on a vehicle into or onto any parking area, which is open to the public and used by a school if, prior to exiting the vehicle, the handgun is locked inside the glove box, trunk, or other compartment of the vehicle, a storage box securely attached to the vehicle, or, if the vehicle is a motorcycle, a hardened compartment securely attached to the motorcycle while the vehicle is in or on such parking area.⁷⁵

In Nebraska, schools must expel for a period of not less than one year any student who knowingly and intentionally possessed, used or transmitted a firearm on school grounds, in a vehicle owned, leased, or contracted by a school being used for a school purpose, or in a vehicle being driven for a school purpose by a school employee or his or her designee, or at a school-sponsored activity or athletic event.⁷⁶

See LCAV’s policy page on Guns in Schools for further information.

Other Location Restrictions

A holder of a permit to carry a concealed handgun may carry a concealed handgun anywhere in Nebraska except:

• A police, sheriff, or Nebraska State Patrol station or office;

• A detention facility, prison, or jail;

• A courtroom or building which contains a courtroom;

• A polling place during a bona fide election;

• A meeting of the governing body of a county, public school district, municipality, or other political subdivision;

• A meeting of the Legislature or a committee of the Legislature;

• A financial institution (except that a financial institution may authorize its security personnel to carry concealed handguns on duty⁷⁷);

• A professional, semiprofessional, or collegiate athletic event;

• In school buildings, on school grounds, within a school-owned vehicle, or at a school-sponsored activity or athletic event (applies to any public or private elementary, secondary or postsecondary school (e.g., college or university));

• A place of worship (except that a place of worship may authorize its security personnel  to carry concealed handguns, assuming notice is provided to the congregation⁷⁸);

• A hospital, emergency room or trauma center;

• A political rally or fundraiser;

• An establishment having a license issued under the Nebraska Liquor Control Act that derives over one-half of its total income from the sale of alcoholic liquor;

• A place where the possession or carrying of a firearm is prohibited by state or federal law;

• A place or premises where the person(s), entity, entities or employer in control has prohibited permit holders from carrying concealed handguns; or

• Any other place or premises where handguns are prohibited by state law.⁷⁹

A permit holder may carry a concealed handgun in his or her vehicle or on his or her person while riding in or on a vehicle into any parking area open to the public that is used by any of the aforementioned locations, if prior to exiting the vehicle the handgun is securely stored or attached to the vehicle.⁸⁰

If a person(s), entity, entities or employer in control of property prohibits a permit holder from carrying concealed weapons in or onto property or premises open to the public, a permit holder is not prohibited from possessing a concealed handgun under such circumstances unless the person(s), entity, entities or employer in control of the property has posted conspicuous notice or has made a request that the permit holder remove the concealed handgun from the place or premises.⁸¹

Nebraska generally prohibits the carrying of a firearm within the boundaries of a state game refuge⁸² or the State Wild Game Preserve.⁸³

Nebraska has no law prohibiting firearms in:

• Parks;

• Certain bars or restaurants where alcohol is served; or

• Gambling facilities.

Consumer & Child Safety

Design Safety Standards for Handguns

Nebraska does not specifically regulate junk guns or unsafe firearms. According to research conducted by the Center to Prevent Handgun Violence (now Brady Center to Prevent Gun Violence), Nebraska’s Attorney General may have the authority to regulate “junk guns,” as well as promulgate other firearm safety standards.⁸⁴

See Regulating Guns in America:  Design Safety Standards for Handguns for a comprehensive discussion of this issue.

Locking Devices

Nebraska does not require firearm owners to possess or use locking devices.

See Regulating Guns in America:  Locking Devices for a comprehensive discussion of this issue.

Personalized / Owner-Authorized Firearms

Nebraska does not require firearms to be personalized.

See Regulating Guns in America:  Personalized Firearms for a comprehensive discussion of this issue.

Child Access Prevention

Nebraska prohibits any person from knowingly and intentionally transferring or attempting to transfer the possession of a firearm to a juvenile (a person under age 18).⁸⁵

However, this section does not apply to the transfer of a rifle or shotgun:

• From a person related to the juvenile within the second degree of consanguinity or affinity if express permission has been obtained from the juvenile’s parent or guardian prior to transfer;

• For a legitimate and lawful sporting purpose; or

• To a juvenile who is under direct adult supervision in an appropriate educational program.⁸⁶

Firearms dealers are required to distribute to all firearms purchasers information developed by the Nebraska Department of Health and Human Services regarding "the dangers of leaving loaded firearms unattended around children."⁸⁷

See Regulating Guns in America:  Child Access Prevention for a comprehensive discussion of this issue.

Classes of Weapons / Ammunition

Assault Weapons

Nebraska has no law regulating assault weapons.

See Regulating Guns in America:  Assault Weapons for a comprehensive discussion of this issue.

Large Capacity Ammunition Magazines

Nebraska has no law regulating large capacity ammunition magazines.

See Regulating Guns in America:  Large Capacity Ammunition Magazines for a comprehensive discussion of this issue.

Fifty Caliber Rifles

Nebraska has no law regulating fifty caliber rifles.

See Regulating Guns in America:  Fifty Caliber Rifles for a comprehensive discussion of this issue.

Machine Guns / Automatic Firearms

In Nebraska, any person who transports or possesses any machine gun commits a Class IV felony.⁸⁸  This prohibition does not apply to any person qualified under federal law to possess or transport a machine gun.⁸⁹ 

Machine gun is defined as "any firearm, whatever its size and usual designation, that shoots automatically more than one shot, without manual reloading, by a single function of the trigger."⁹⁰

See LCAV’s policy page on Machine Guns for further information.

Non-Powder Guns

Nebraska has no laws regulating non-powder guns.

See Regulating Guns in America:  Non-Powder Guns for a comprehensive discussion of this issue.

Ammunition Regulation

Nebraska does not:

• Require a license for the sale of ammunition;

• Require a license to purchase or possess ammunition;

• Require sellers of ammunition to maintain a record of the purchasers;

• Prohibit persons who are ineligible to possess firearms under state law from possessing ammunition, although federal ammunition purchaser prohibitions apply; or

• Prohibit armor-piercing and other unreasonably dangerous ammunition, although federal prohibition on certain kinds of armor-piercing ammunition applies.

See Regulating Guns in America:  Ammunition Regulation for a comprehensive discussion of this issue.

Investigating Gun Crimes

Microstamping / Ballistic Identification

Nebraska has no law regarding firearm microstamping or ballistic identification.

See Regulating Guns in America:  Ballistic Identification for a comprehensive discussion of this issue.

Trafficking

Nebraska does not specifically regulate firearms trafficking.

State Links

Bureau of Alcohol, Tobacco, Firearms & Explosives, Kansas City Field Division (IA, KS, MO, NE)

Nebraska Attorney General

Nebraska Domestic Violence Sexual Assault Coalition

Footnotes

^1. National Center for Injury Prevention and Control, U.S. Centers for Disease Control and Prevention, WISQARS Injury Mortality Reports, 1999-2006, at http://webappa.cdc.gov/sasweb/ncipc/mortrate10_sy.html.

^2. Mayors Against Illegal Guns, The Movement of Illegal Guns in America: The Link between Gun Laws and Interstate Gun Trafficking 7, 24, at http://www.mayorsagainstillegalguns.org/downloads/pdf/trace_report_final.pdf.

^3. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives, Office of Strategic Intelligence and Information, ATF Firearms Trace Data Report – 2008: Nebraska, at http://www.atf.gov/statistics/download/trace-data/2008/2008-trace-data-nebraska.pdf.

^4. Federal firearms licensee totals for Nebraska as of September 23, 2009 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.

^5. Neb. Rev. Stat. § 28-1206(1).

^6. Neb. Rev. Stat. § 28-1204(1).

^7. Neb. Rev. Stat. Ann. § 28-1204(2).

^8. Neb. Rev. Stat. §§ 69-2404, 69-2433(1).

^9. Neb. Rev. Stat. § 69-2403.

^10. Neb. Rev. Stat. § 28-1206(1)(b).

^11. See Neb. Rev. Stat. § 28-323 for definition of dating relationship.

^12. Assault in the third degree (Neb. Rev. Stat. § 28-310), stalking (Neb. Rev. Stat. § 28-311.04(1)), false imprisonment in the second degree (Neb. Rev. Stat. § 28-315), or first offense domestic assault in the third degree (Neb. Rev. Stat. § 28-323(1)).  See Neb Rev. Stat. § 28-1206(4)(a)(i)(B)(I).

^13. Neb. Rev. Stat. § 28-1206(4)(a).

^14. Neb. Rev. Stat. § 28-1206(1)(a).  For specific information on the requirements for domestic violence protection orders, see Neb. Rev. Stat. §§ 28-311.09, 28-311.10 and 42-924.

^15. Neb. Rev. Stat. § 29-440(1)(a).

^16. Neb. Rev. Stat. § 29-440(1)(b).

^17. Id.

^18. Neb. Rev. Stat. § 29-440(3).

^19. Neb. Rev. Stat. § 69-2410. See also Bureau of Justice Statistics, U.S. Department of Justice, Survey of State Procedures Related to Firearm Sales, 2005 44 (Nov. 2006), at: http://bjs.ojp.usdoj.gov/content/pub/pdf/ssprfs05.pdf.  Neb. Rev. Stat. § 69-2411.

^20. Federal Bureau of Investigation, National Instant Criminal Background Check System (NICS) Section Point of Contact States and Territories, at http://www.fbi.gov/hq/cjisd/nics/poclist.htm (last updated July 1, 2008).

^21. Federal law exempts persons who have been issued state permits to purchase or possess firearms from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d).

^22. Bureau of Alcohol, Tobacco, Firearms & Explosives, U.S. Department. of Justice, Brady Law:  Permanent Brady Permit Chart (last visited March 30, 2010), at:  http://www.atf.gov/firearms/brady-law/permit-chart.html.

^23. Neb. Rev. Stat. § 69-2404.

^24. 18 U.S.C. § 922(d)(4).

^25. Neb. Rev. Stat. Ann. § 69-2409.01.

^26. Id.

^27. Id.

^28. Id.

^29. Neb. Rev. Stat. § 69-2426(1).

^30. Neb. Rev. Stat. § 69-2404.

^31. Neb. Rev. Stat. § 69-2403.

^32. Neb. Rev. Stat. § 28-1204.01(1).

^33. Neb. Rev. Stat. § 28-1204.01(2).

^34. Neb. Rev. Stat. § 69-2422.

^35. Neb. Rev. Stat. § 28-1211.

^36. Neb. Rev. Stat. § 69-2417.

^37. Neb. Rev. Stat. §§ 69-2409, 69-2410.

^38. Neb. Rev. Stat. § 69-2404.

^39. Neb. Rev. Stat. § 69-2403.

^40. Neb. Rev. Stat. § 69-2404.

^41. Id., § 69-2405.

^42. Neb. Rev. Stat. § 69-2407.

^43. Id.

^44. Id.

^45. Federal law exempts persons who have been issued state permits to purchase or possess firearms from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d).

^46. Bureau of Alcohol, Tobacco, Firearms & Explosives, U.S. Department. of Justice, Brady Law:  Permanent Brady Permit Chart (last visited March 30, 2010), at:  http://www.atf.gov/firearms/brady-law/permit-chart.html.

^47. Neb. Rev. Stat. § 69-2412(1).

^48. Id.

^49. Neb. Rev. Stat. § 69-2412(2).

^50. Neb. Rev. Stat. § 69-2412(3).

^51. Neb. Rev. Stat. § 28-1202(1)(a), (2).

^52. Neb. Rev. Stat. § 69-2430(3).

^53. Neb. Rev. Stat. § 69-2433.

^54. Neb. Rev. Stat. § 69-2429(6). The permit fee is $100. Neb. Rev. Stat. § 69-2436(1).  Additional application and background check requirements, as well as permit suspension and disqualification information, are detailed under Neb. Rev. Stat. §§ 69-2430, 69-2435 – 69-2437, and 69-2439.

^55. Neb. Rev. Stat. § 69-2429(6).

^56. Neb. Rev. Stat. § 69-2432.

^57. Neb. Rev. Stat. § 69-2436(1).

^58. Neb. Rev. Stat. § 69-2436(2).

^59. The renewal fee is $ 50. Id.

^60. Neb. Rev. Stat. §§ 69-2435, 69-2439.

^61. Neb. Rev. Stat. § 69-2444.

^62. Id.

^63. Neb. Rev. Stat. § 69-2442.

^64. Id.

^65. Neb. Rev. Stat. § 69-2447.

^66. Neb. Rev. Stat. § 69-2448.

^67. Neb. Rev. Stat. § 37-522.

^68. Neb. Rev. Stat. § 28-1204.04(1).

^69. Neb. Rev. Stat. § 69-2441(3).

^70. Neb. Rev. Stat. § 69-2441(4).

^71. Neb. Rev. Stat. § 60-6,342.

^72. Neb. Rev. Stat. § 60-6,344.

^73. Neb. Rev. Stat. § 28-1204.04(1).

^74. Neb. Rev. Stat. Ann. § 28-1201(8).

^75. Neb. Rev. Stat. § 28-1204.04(1).

^76. Neb. Rev. Stat. § 79-263(1).

^77. Neb. Rev. Stat. § 69-2441(1)(b).

^78. Neb. Rev. Stat. § 69-2441(1)(c).

^79. Neb. Rev. Stat. § 69-2441(1)(a).

^80. Neb. Rev. Stat. § 69-2441(3).

^81. Neb. Rev. Stat. § 69-2441(2).

^82. Neb. Rev. Stat. § 37-708.

^83. Neb. Rev. Stat. § 37-712.

^84. See Nebraska’s Uniform Deceptive Trade Practices Act, Neb. Rev. Stat. § 87-303.03(1). For details, see Legal Action Project, Center to Prevent Handgun Violence, Targeting Safety (2001), at http://www.bradycenter.org/xshare/pdf/reports/targetingsafety.pdf.

^85. Neb. Rev. Stat. § 28-1204.01(1). Neb. Rev. Stat. § 28-1201(3) defines “juvenile” as a person under age 18.

^86. Neb. Rev. Stat. § 28-1204.01(2).

^87. Neb. Rev. Stat. § 69-2426(1).

^88. Neb. Rev. Stat. Ann. § 28-1203(1).

^89. Neb. Rev. Stat. Ann. § 28-1203(2).

^90. Neb. Rev. Stat. Ann. § 28-1201(7).