Nebraska Statewide Rule
Nebraska Firearms Preemption Bars Local Gun Ordinances
Key Facts
- Primary statute
- Neb. Rev. Stat. 18-1703
- Village statute
- Neb. Rev. Stat. 17-556
- Broadening law
- LB 77 (2023)
- Local discharge rules
- Allowed if not stricter
- Conflicting ordinances
- Void as preempted
Summary
Nebraska law preempts cities, villages, and counties from adopting most firearms regulations. Neb. Rev. Stat. 17-556 and 18-1703, broadened by LB 77 in 2023, reserve gun policy to the state and override conflicting municipal ordinances on possession, carry, transfer, transport, and storage.
13-330. Ownership, possession, storage, transportation, sale, and transfer of firearms and other weapons; power of counties, cities, and villages; ordinance, permit, or regulation; null and void. (1) The Legislature finds and declares that the regulation of the ownership, possession, storage, transportation, sale, and transfer of firearms and other weapons is a matter of statewide concern. (2) Notwithstanding the provisions of any home rule charter, counties, cities, and villages shall not have the power to: (a) Regulate the ownership, possession, storage, transportation, sale, or transfer of firearms or other weapons, except as expressly provided by state law; or (b) Require registration of firearms or other weapons.
Full Breakdown
Under Neb. Rev. Stat. 18-1703, the ownership, possession, transportation, transfer, sale, purchase, taxation, manufacture, registration, and storage of firearms and ammunition are matters of statewide concern reserved to the Legislature. Section 17-556 mirrors that limit for villages and second-class cities. LB 77, enacted in 2023, broadened preemption by repealing former subsection language that allowed Lincoln and Omaha to impose certain handgun ordinances and concealed-handgun rules within their corporate limits. Cities may still enact ordinances on the discharge of firearms, on possession in city-owned buildings open to the public when posted, and on conduct constituting a public nuisance, but those rules cannot be more restrictive than state law. Any conflicting local ordinance is void.
Violations & Penalties
A local ordinance that conflicts with section 18-1703 is unenforceable. Affected gun owners may sue for declaratory and injunctive relief, and prevailing plaintiffs may recover reasonable attorney's fees and costs from the political subdivision.
Frequently Asked Questions
Can a Nebraska city pass its own gun control law?
What gun rules can a Nebraska city still adopt?
Sources
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