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

228 words·~1 min read·/ne/chapter-28/28-1202-02

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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.