Nebraska Statewide Rule

Nebraska Open Carry Legal Statewide With Local Limits

Few RestrictionsApplies statewide across Nebraska (2026)

Key Facts

Permit needed: No, for open carry
Preemption statute: Neb. Rev. Stat. 18-1703
Prohibited places: Listed in 69-2441
Local discharge rules: Allowed
LB 77 effect: Voids stricter local rules

Last verified: September 5, 2026Source: Nebraska Legislature

Summary

Nebraska does not require a permit to openly carry a firearm by adults who can lawfully possess one. State preemption under Neb. Rev. Stat. 18-1703 limits local restrictions, but cities may regulate discharge and ban firearms in posted public buildings.

17-556. Public safety; firearms; explosives; riots; regulation. Cities of the second class and villages shall have the power to (1) prevent and restrain riots, routs, noises, disturbances, or disorderly assemblages, (2) regulate, prevent, restrain, or remove nuisances and to designate what shall be considered a nuisance, (3) regulate, punish, and prevent the discharge of firearms, rockets, powder, fireworks, or any other dangerous combustible material in the streets, lots, grounds, alleys, or about or in the vicinity of any buildings, and (4) arrest, regulate, punish, or fine all vagrants.

Source: Nebraska LegislatureView official code

Full Breakdown

Open carry of long guns and handguns by lawful adult possessors is generally permitted under Nebraska law and is not addressed by the Concealed Handgun Permit Act. After LB 77 (2023) broadened firearms preemption in sections 17-556 and 18-1703, cities such as Omaha and Lincoln can no longer enforce ordinances that registered handguns or imposed local carry restrictions stricter than state law. Cities may still regulate firearm discharge within municipal limits and prohibit firearms in posted city-owned buildings. Federal place restrictions and the prohibited locations in Neb. Rev. Stat. 69-2441 still apply. A firearm carried openly in a vehicle is not concealed if visible from outside.

Violations & Penalties

Open carry by a prohibited person, in a prohibited location, or in a manner that is disturbing the peace can result in arrest under sections like 28-1202 (unlawful possession) or 28-1203, ranging from misdemeanor to felony depending on circumstances.

Frequently Asked Questions

Is open carry legal in Nebraska cities?

Yes. Adults who may lawfully possess firearms can openly carry statewide. After LB 77 (2023), prior Omaha and Lincoln handgun registration ordinances are preempted, although cities may still ban firearms in posted public buildings and regulate discharge.

Can I open carry into a Nebraska bar or restaurant?

State law does not specifically prohibit open carry in establishments serving alcohol, but private property owners may post premises to prohibit firearms. Carrying while intoxicated or in a manner that disturbs the peace is independently illegal.

Sources

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.