I do not have a protection order against the abuser, and s/he has not been convicted of a crime. Can s/he have a gun?
Even if you do not have a protection order and the abuser was not convicted of a crime, there are other conditions under which the abuser cannot get a concealed weapons permit and so it may still be illegal for the abuser to have a firearm. In order to get a concealed weapons permit in Nebraska, the applicant must meet all of these requirements:
- be at least 21 years of age;
- not be prohibited from purchasing or possessing a handgun according to federal law 18 USC § 922;
- 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 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.1
Even if none of these apply to your situation, you can still make a plan for your safety. See our Safety Tips page for more information. You can also contact your local domestic violence organization for additional help. You may want to talk to them about whether leaving the area - either long term or for a little while - might help improve your safety. To find a shelter or an advocate at a local program, please visit the NE Advocates and Shelters page under the Places that Help tab at the top of this page.
For additional information on gun laws in Nebraska, you can go to the Giffords Law Center website.
Also, federal laws, which apply to all states, restrict an abuser’s right to have a gun under other circumstances. Go to Federal Gun Laws to get more information.
1 NE R.S. § 69-2433
I've read through all of this information and I am still confused. What can I do?
Trying to understand both federal and state law can be confusing, but there are people out there who can help you better understand the law and your rights under the law.
- You can also contact the National Center on Protection Orders and Full Faith & Credit to get more information about the federal firearm law and how it applies to you: 1-800-903-0111 x 2
- You can contact a local domestic violence organization in your area - see NE Advocates and Shelters page.
You can write to our Email Hotline.