Nebraska Statutes 28-1202.03. Carrying concealed handgun; identification document, required; applicability; violation; penalty
(1)(a) This section applies to a person who is not otherwise prohibited by state law from possessing or carrying a concealed handgun.
Attorney's Note
Under the Nebraska Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class I misdemeanor | up to 1 year | up to $1,000 |
| Class III misdemeanor | up to 3 months | up to $500 |
Terms Used In Nebraska Statutes 28-1202.03
- Peace officer: shall include sheriffs, coroners, jailers, marshals, police officers, state highway patrol officers, members of the National Guard on active service by direction of the Governor during periods of emergency, and all other persons with similar authority to make arrests. See Nebraska Statutes 49-801
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- Person shall: include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
(b) This section does not apply to a qualified law enforcement officer or qualified retired law enforcement officer carrying a concealed handgun pursuant to 18 U.S.C. § 926B or 926C, respectively, as such sections existed on January 1, 2023.
(2) Except as provided in subsection (3) of this section, any time a person is carrying a concealed handgun, such person shall also carry such person’s identification document. The person shall display the identification document when asked to do so by a peace officer or by emergency services personnel.
(3) A person is not required to comply with this section if:
(a) Such person is storing or transporting a handgun in a motor vehicle for any lawful purpose or transporting a handgun directly to or from a motor vehicle to or from any place where such handgun may be lawfully possessed or carried by such person; and
(b) Such handgun is unloaded, kept separate from ammunition, and enclosed in a case.
(4) For purposes of this section:
(a) Emergency services personnel means a volunteer or paid firefighter or rescue squad member or a person licensed to provide emergency medical services pursuant to the Emergency Medical Services Practice Act or authorized to provide emergency medical services pursuant to the EMS Personnel Licensure Interstate Compact; and
(b) Identification document means a valid:
(i) Driver’s or operator’s license;
(ii) State identification card;
(iii) Military identification card;
(iv) Alien registration card; or
(v) Passport.
(5) A violation of this section is a Class III misdemeanor for a first offense and a Class I misdemeanor for any second or subsequent offense.
Source
- Laws 2023, LB77, § 11.
- Effective Date: September 2, 2023