Quick Legal Facts
Statewide Preemption:
No.
Concealed Carry:
Nebraska prohibits the concealed carry of certain knives.
Schools:
Chapter 79 of the Nebraska Statutes, which pertains to schools, allows school officials and school boards to exclude or punish students who possess weapons on school grounds. 79-267.
Major Cities with Knife Ordinances:
Lincoln Omaha.
Critical Dimensions:
3 1/2 inches or less maximum blade length for a knife which can be carried concealed.
Forbidden Knives:
None.
Any knife – folding, fixed blade, dagger, stiletto, automatic, gravity, etc. – having a blade longer than 3 1/2 inches in length is subject to the restriction that it cannot be carried concealed.
Relevant Statutes:
28-109.Terms, defined
28-1201.Terms, defined
28-1202. Carrying concealed weapon; penalty; affirmative defense
28-1206.Possession of a deadly weapon by a prohibited person; penalty
79–267. Student conduct constituting grounds for long-term suspension, expulsion, or mandatory reassignment; enumerated; alternatives for truant or tardy students
14-102.Additional powers
16-239.Hospitals; jails; other institutions; erection; regulation
17-556. Public safety; firearms; explosives; riots; regulation
Statewide Preemption:
No.
Selected Nebraska Municipalities with Knife Restrictive Ordinances:
Grand Island – None noted.
Lincoln – Chapter 9.36 Weapons.
Omaha – Chapter 20 Article VII Weapons
Restrictions on Sale or Transfer:
None noted.
Concealed Carry:
Concealed carry of any knife having a blade longer than 3 1/2 inches is unlawful.
Restrictions on Carry in Specific Locations/Circumstances:
Restrictions of this nature are largely promulgated by local governments and government agencies/departments.
- ‘Knife’ Defined
The statutory definition of a knife in 28-1201 (5),
(5) Knife means:
(a) Any dagger, dirk, knife, or stiletto with a blade over three and one-half inches in length and which, in the manner it is used or intended to be used, is capable of producing death or serious bodily injury; or
(b) Any other dangerous instrument which is capable of inflicting cutting, stabbing, or tearing wounds and which, in the manner it is used or intended to be used, is capable of producing death or serious bodily injury;
- Concealment
An objective standard of 3 1/2 inches applies for purposes of the Nebraska concealed carry prohibition. The type of knife is not an issue. Given the legal principle of expressio unius est exclusio alterius (express mention of one thing excludes all others), any knife with a blade exactly 3 1/2 inches in length or less may be carried in a concealed manner. The Nebraska criminal code does not define concealment. The standard which has been stated by the Nebraska Supreme Court is ‘ordinary observation’:
Absolute invisibility to other persons is not indispensable to concealment of a weapon on or about the person of a defendant, and a weapon is so concealed when it is hidden from ordinary observation. State v Hill 577 N.W.2d 259 (1998).
Concealment will be an issue of fact to be determined at trial. We cannot state or suggest that ‘pocket clip carry’ is not concealment under Nebraska law.
- Blade Length Measurement
There is neither statutory nor decisional law guidance as to how blade length is to be measured.
- Law Enforcement and Military
There is no exception within 28-1202. before a person in the U.S. military or law enforcement officers.
- Consequences
A first violation of the Nebraska concealed carry prohibition is treated as a Class 1 misdemeanor. As such, there is no minimum punishment and the maximum punishment is confinement for not more than 1 year and/or a fine of not more than $1,000.
