Nebraska is not a “Constitutional Carry” state, which means that anyone who wants to carry a firearm in a concealed manner must have a permit. A person who violates state law regarding concealed carry may face significant consequences in criminal court, especially if he or she has a previous conviction for this kind of offense on his or her record.
An Omaha concealed carry lawyer can help you understand how state law regulates and restricts concealed carry so you can remain informed of your rights. Additionally, if you are facing charges for unlawful concealed carry, an experienced gun attorney can create a strong defense strategy to protect your rights.
Requirements for a Concealed Carry Permit
While open carry of firearms is legal for anyone in Omaha over the age of 18 who is not otherwise prohibited from owning a gun, concealed carry requires a Nebraska Concealed Handgun Permit (CHP). Nebraska is a shall-issue state, meaning anyone who meets the criteria established in Nebraska Revised Statutes §69-2433 may apply for and subsequently receive a CHP from the State Patrol Department. To be eligible, a person must:
- Be at least 21 years old
- Have no prior convictions for any felonies under any state law or for any federal gun crimes defined under 18 United States Code §922;
- Have no history of eye problems that would make the applicant ineligible for a Class O driver’s license
- Have no finding of mental illness under the Nebraska Mental Health Commitment Act or an equivalent state law within ten years
- Have at least 180 days of consecutive residence in Nebraska or stationing at a U.S. Armed Forces installation in Nebraska
- Not have any convictions for crimes related to domestic violence, controlled substance, firearms, or unlawful use of a weapon within ten years
- Not currently be on parole, probation, work release, or house arrest
Applicants must also provide proof of state-approved firearms training. Once you receive a concealed carry permit, you are exempt from Omaha’s local requirement for handgun registration. An experienced attorney can provide more information about the laws concerning concealed carry in Omaha and throughout the state.
What Constitutes Unlawful Concealed Carry in Omaha?
According to Neb. Rev. Stat. §28-1202, anyone who carries a concealed weapon without a Nebraska CHP or an equivalent permit from a state with equal or higher standards for issue is guilty of a Class I misdemeanor. A second or subsequent offense under this statute constitutes a Class IV felony.
Additionally, there are certain places where even individuals with valid CHPs cannot carry hidden firearms of any kind. Under Neb. Rev. Stat. §69-2441, these restricted areas include but are not limited to:
- Police stations
This section of state law also prohibits concealed carry by anyone under the influence of alcohol or drugs while allowing private business owners to prohibit patrons from carrying concealed weapons on their premises.
Any violation of the restrictions outlined in Neb. Rev. Stat. §69-2441 may constitute a violation of Neb. Rev. Stat. §28-1202. Violating any of the rules listed in these statutes could lead to up to a year in jail and a $1,000 fine or up to two years in prison and a $10,000 fine, depending on your criminal history and prior convictions. If you are facing accusations of unlawful concealed carry in any context, you should contact a lawyer who has experience with firearms laws to discuss your legal options.
Speak with an Omaha Concealed Carry Attorney About Your Case
Even if you have a concealed carry permit, there are numerous rules about when and where you can carry a handgun. Regardless of your situation, a knowledgeable Omaha concealed carry lawyer can work tirelessly on your behalf to pursue the best possible outcome in your case. Call Berry Law today to schedule a confidential consultation.