Quick Legal Facts
Nebraska prohibits the concealed carry of certain knives.
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.
Three and one-half inches or less maximum blade length for a knife which can be carried concealed.
While there are no knives that cannot be lawfully possessed in Nebraska, state law prohibits the concealed carry of certain knives:
(1 )(a) Except as otherwise provided in this section, any person who carries a weapon or weapons concealed on or about his or her person, such as a handgun, a knife, brass or iron knuckles, or any other deadly weapon, commits the offense of carrying a concealed weapon.
(b) It is an affirmative defense that the defendant was engaged in any lawful business, calling, or employment at the time he or she was carrying any weapon or weapons and the circumstances in which such person was placed at the time were such as to justify a prudent person in carrying the weapon or weapons for the defense of his or her person, property, or family.
(2) This section does not apply to a person who is the holder of a valid permit issued under the Concealed Handgun Permit Act if the concealed weapon the defendant is carrying is a handgun.
For purposes of this section, knife is defined as follows:
(5) Knife means any dagger, dirk, knife, or stiletto with a blade over three and one-half inches in length or any other dangerous instrument capable of inflicting cutting, stabbing, or tearing wounds;
The plain language of the statute provides the three and one-half inch blade length limitation applies to any dagger, dirk, stiletto or knife. Accordingly, a knife, dagger, dirk or stiletto with a blade measuring less than three and on-half inches is not per se prohibited. Furthermore, the prohibition found at 28-1202 does not apply to a person with a concealed handgun permit.
Although Nebraska law provides an affirmative defense for a knife owner who is engaged in any lawful business, calling, or employment at the time he or she was carrying any weapon, the burden is on the knife owner to prove the affirmative defense at trial. A knife owner should not assume the risk that the affirmative defense will protect his or her right to carry concealed knife.
There is no statewide knife preemption in Nebraska. Knife owners should check local laws, particularly in larger cities, which may impose additional restrictions.
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. Knife owners should exercise caution and not carry knives in schools, airports, and other public buildings.