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Carrying While Drinking

Neb. Rev. Stat. § 28-1202.02 — no concealed handgun while drinking or with alcohol or a controlled substance in the body

Not while drinking, or after. A person may not carry a concealed handgun while consuming alcohol, or while any previously consumed alcohol or controlled substance remains in the person's blood, urine or breath.

  • Neb. Rev. Stat. § 28-1202.02
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A controlled substance lawfully obtained and taken in prescribed amounts does not violate the section. Neither does storing or transporting a handgun in a vehicle unloaded, separate from ammunition and in a case.

  • Neb. Rev. Stat. § 28-1202.02

A violation is a Class III misdemeanor for a first offense and a Class I misdemeanor after that. A particular case is a question for a licensed Nebraska attorney.

  • Neb. Rev. Stat. § 28-1202.02
Sources for this section (1)
  1. Neb. Rev. Stat. § 28-1202.02 — Carrying concealed handgun; consumption of alcohol or controlled substance; effect; applicability; violation; penalty

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Nebraska attorney.

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