Nebraska § 28-1202.02 Carrying concealed handgun; consumption of alcohol or controlled substance; effect; applicability; violation; penalty

Nebraska Statutes

§ 28-1202.02 — Carrying concealed handgun; consumption of alcohol or controlled substance; effect; applicability; violation; penalty

Nebraska § 28-1202.02

Ch. 28Crimes and Punishments

This text of Nebraska § 28-1202.02 (Carrying concealed handgun; consumption of alcohol or controlled substance; effect; applicability; violation; penalty) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 28-1202.02 (2026).

Text

(1)Except as provided in subsections (2), (3), and (4) of this section, a person not otherwise prohibited by state law from possessing or carrying a concealed handgun shall not carry a concealed handgun while such person:

(a)Is consuming alcohol; or

(b)Has remaining in such person's blood, urine, or breath any previously consumed alcohol or any controlled substance as defined in section 28-401 .

(2)A person does not violate this section if the controlled substance in such person's blood, urine, or breath was lawfully obtained and was taken in therapeutically prescribed amounts.

(3)A person does not violate 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

Free access — add to your briefcase to read the full text and ask questions with AI

(1) Except as provided in subsections (2), (3), and (4) of this section, a person not otherwise prohibited by state law from possessing or carrying a concealed handgun shall not carry a concealed handgun while such person:
(a) Is consuming alcohol; or
(b) Has remaining in such person's blood, urine, or breath any previously consumed alcohol or any controlled substance as defined in section 28-401 .
(2) A person does not violate this section if the controlled substance in such person's blood, urine, or breath was lawfully obtained and was taken in therapeutically prescribed amounts.
(3) A person does not violate 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) 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.
(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.