Nebraska’s laws regarding the carrying of pocket knives and other weapons were reformed significantly in 2023. Governor Pete Ricketts signed a bill that allows more lenient regulations, but some legal complexities remain, particularly regarding concealed carry laws and local ordinances in cities like Lincoln and Omaha.
This article provides an overview of the legal standing of carrying knives in Nebraska, including current regulations, the implications of new legislative changes, and how to stay compliant with the law.
The 2023 Knife Law Reforms
In 2023, Nebraska passed reforms regarding the carrying of knives and other weapons. The legislation removed many of the previous restrictions on carrying knives, but with a few important stipulations.
While the state’s law now generally allows the carrying of knives, municipalities like Lincoln and Omaha have issued executive orders restricting the carry of knives in certain public spaces.
The situation remains legally unresolved as of September 2024, with legal challenges continuing in these cities.
As a result, if you are carrying a knife in Nebraska that was previously illegal under older laws, it is essential to consult with a local legal authority to ensure compliance with both state and municipal laws.
Key Knife Restrictions in Nebraska
- Blade Length and Concealed Carry: A critical restriction to be aware of is that any knife with a blade longer than 3.5 inches cannot be carried concealed in Nebraska. The law applies to all types of knives, including folding knives, fixed-blade knives, daggers, stilettos, automatic knives, and gravity knives.
- Legal Definitions:
- Knife: According to Nebraska law (28-1201), a knife is defined as any dagger, dirk, stiletto, or knife with a blade longer than 3.5 inches. The statute also covers any other dangerous instrument capable of causing serious injury or death.
- Deadly Weapon: The term “deadly weapon” in Nebraska includes knives with blades over 3.5 inches, as well as other devices that could be used to cause death or serious injury.
- Concealed Carry Prohibition: The law prohibits the concealed carry of any knife with a blade over 3.5 inches. This includes knives that may not seem dangerous but still meet the statutory definition.
Legal Precedents and the 3.5-Inch Rule
In the Nebraska Supreme Court case State v. Nguyen (2016), the Court clarified the definition of “knife” under Nebraska law.
The defendant in the case argued that his 3.75-inch stiletto could not be classified as a deadly weapon because the State did not show how it could be used to cause serious bodily harm.
However, the Court ruled that any knife with a blade longer than 3.5 inches is automatically considered a deadly weapon per se, meaning the manner of use is not even a consideration in the case of concealed carry violations.
Concealment and Carrying Knives in Public
The term “concealed” in Nebraska law means that a weapon, including a knife, is hidden from ordinary observation. According to Nebraska case law, a weapon is considered concealed if it is not visible to a person using ordinary observation, and this could be relevant for pocket clip carry or carrying knives in bags or on the body.
While Nebraska law doesn’t provide a specific definition for concealment, previous court rulings suggest that if the knife is hidden from view, it could be considered concealed, even if partially visible.
Local Ordinances in Lincoln and Omaha
Despite the state law changes in 2023, some municipalities, like Lincoln and Omaha, have continued to implement their own restrictions on carrying knives, especially in public spaces.
These municipalities have issued executive orders preventing the carry of knives in public areas, which has led to legal battles and confusion about which laws apply.
As of 2024, the legal dispute remains unresolved, especially in Lincoln, where a lawsuit regarding the city’s weapons ban was dismissed due to a lack of standing.
Consequences for Violating Knife Laws
Violating the concealed carry law for knives in Nebraska is treated as a Class 1 misdemeanor. Penalties can include a fine of up to $1,000 and/or a prison sentence of up to one year.
This is a significant consequence, making it crucial for knife owners to stay informed about local and state regulations to avoid becoming involuntary test cases for the law.
Summary and Legal Advice
Nebraska’s knife laws are now more permissive than in the past, but legal challenges remain, particularly in cities like Lincoln and Omaha.
Knife owners should be aware of the blade length restriction for concealed carry (3.5 inches) and be cautious of carrying knives that may be prohibited in certain areas due to local ordinances.
Given the ongoing legal complexities, individuals are strongly advised to consult local legal authorities before carrying knives that were previously illegal to avoid any legal issues.
