I do not have a protection order against the abuser, and s/he has not been convicted of a felony or domestic violence misdemeanor. Can s/he have a gun?
Even if you do not have a protection order and the abuser was not convicted of a domestic violence misdemeanor of a felony, 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 possess a firearm. In order to get a concealed weapons permit in Nebraska, the applicant must meet all these other requirements:
- be at least twenty-one years of age;
- not be prohibited from purchasing or possessing a handgun according to federal law 18 USC § 922, which includes many terms, aside from the prohibition against a respondent in a protection order case from possessing a firearm;
- meet certain vision (eyesight) requirements;
- not have been convicted of a felony under the laws of Nebraska or any other state;
- within the past 10 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 adjudged mentally incompetent by a court;
- be a resident of this state for at least the past one hundred eighty days;
- within the past 10 years, not have had a conviction of any Nebraska law relating to firearms, unlawful use of a weapon, or controlled substances (drugs) or of any similar laws of another state;
- not be on parole, probation, house arrest, or work release; and
- provide proof of firearm training.1
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