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Legal Information: Nebraska

State Gun Laws

December 18, 2023

I am a victim of domestic violence and the abuser has a gun. Is that legal?

Nebraska state law says that it is illegal for anyone to possess a firearm who:

  • has been convicted of a felony;
  • is on probation pursuant to a deferred judgment for a felony;
  • is a fugitive from justice, which is any person fleeing to avoid prosecution;
  • has been convicted within the past seven years of a misdemeanor crime of domestic violence; or
  • is the subject of a current domestic violence protection order, harassment protection order, or sexual assault protection order and is knowingly violating such order.1

Also, in order to get a concealed weapons permit in Nebraska, the applicant must meet all of the following requirements:

  • be at least 21 years of age;
  • not be prohibited from purchasing or possessing a handgun according to federal law 18 USC § 922, which includes the prohibition against a respondent in a protection order case from possessing a firearm;
  • meet certain vision requirements;
  • not have been convicted of a felony under the laws of Nebraska or any other state;
  • within the past ten years, not have been convicted of a misdemeanor crime of violence under the laws of Nebraska or any other state;
  • within the past ten years, not have been found to be a “mentally ill and dangerous person” under the Nebraska Mental Health Commitment Act or a similar law in another state;
  • not be currently declared “mentally incompetent” by a court;
  • be a resident of this state for at least the past 180 days;
  • within the past ten years, not have had a conviction of any Nebraska law or of any similar laws of another state relating to firearms, unlawful use of a weapon, or unlawful drugs;
  • not be on parole, probation, house arrest, or work release; and
  • provide proof of firearm training.2

If any of these situations apply to the abuser, it may be illegal for him/her to have a gun. Also, federal laws, which apply to all states, may restrict an abuser’s right to have a gun. Go to Federal Gun Laws to get more information.

1 NE ST § 28-1206(1)(a), (1)(b)
2 NE ST § 69-2433