🌾 Nebraska Knife Laws
Overview
Nebraska has statewide preemption — local governments cannot create additional knife restrictions beyond state law. Open carry is legal, but concealed carry of certain knives is restricted. Blade length limits apply at 3.5 inches in certain contexts. All common knife types are legal to own and carry.
Quick Legal Facts
Carry Laws & Blade Length
No Nebraska statute restricts the open carry of knives. Neb. Rev. Stat. § 28-1202 addresses only concealed carry. All knife types may be openly carried regardless of blade length at the state level. Note: Nebraska lacks statewide preemption, so municipalities such as Omaha and Lincoln may impose local restrictions on open carry.
Statute: 28-1202.
After LB77 (2023), Neb. Rev. Stat. § 28-1202(1) prohibits only minors and prohibited persons from carrying concealed weapons, including knives. Adults who are not prohibited persons may carry a concealed knife. However, any dagger, dirk, knife, or stiletto with a blade over 3.5 inches is classified as a 'knife' (deadly weapon) under § 28-1201(8), and concealed carry of such a weapon by a minor or prohibited person is a Class I misdemeanor (first offense) or Class IV felony (subsequent offenses). Nebraska lacks statewide preemption, so local ordinances in cities like Omaha and Lincoln may impose additional concealed carry restrictions.
Neb. Rev. Stat. § 28-1201(8)(a) defines 'knife' as any dagger, dirk, knife, or stiletto with a blade over 3.5 inches in length that is capable of producing death or serious bodily injury. The Nebraska Supreme Court held in State v. Nguyen (2016) that any knife with a blade over 3.5 inches is a deadly weapon per se. This is the critical threshold for the concealed carry restriction in § 28-1202. There is no blade length limit for open carry at the state level.
Knife Type Legality
| Knife Type | Status | Details |
|---|---|---|
| Switchblades | Legal | Nebraska does not mention switchblades or automatic knives in any state statute. The definition of 'knife' in § 28-1201(8) is based solely on blade length (over 3.5 inches) and capability of producing death or serious bodily injury, not on opening mechanism. Switchblades are legal to own, open carry, and — for non-prohibited adults — carry concealed (subject to the 3.5-inch blade length threshold). Note: the City of Omaha prohibits switchblades within city limits by local ordinance. |
| Balisongs / Butterfly Knives | Legal | Butterfly knives are not mentioned in Nebraska statutes. Nebraska regulates knives by blade length under § 28-1201(8), not by opening mechanism or type. Balisongs are legal to own and carry, subject to the same 3.5-inch concealed carry threshold that applies to all knives. Statute: 28-1201. |
| Disguised Knives | Legal | Nebraska has no statute prohibiting disguised knives (such as belt buckle knives, lipstick knives, cane swords, or pen knives) as a category. The only knife-related restrictions concern blade length for concealed carry purposes under §§ 28-1201 and 28-1202. Local ordinances may differ. |
| Assisted-Opening | Legal | Not specifically addressed in Nebraska statutes. Since Nebraska defines knives by blade length rather than opening mechanism under § 28-1201(8), assisted-opening knives are treated identically to any other knife. Legal to own and carry, subject to the 3.5-inch concealed carry threshold. Statute: 28-1201. |
| Ballistic Knives | Unclear | Ballistic knives are not mentioned by name in any Nebraska statute. They could potentially be classified under § 28-1201(8)(b) as 'any other dangerous instrument which is capable of inflicting cutting, stabbing, or tearing wounds,' though this would require a manner-of-use analysis. They may also fall within the 'deadly weapon' definition of § 28-109(8). Federal law (15 U.S.C. § 1245) independently restricts the possession and use of ballistic knives regardless of state law. |
Relevant Statutes(8)
- 28-109.—Criminal Code Definitions
- 28-1201.—Weapons Definitions
- 28-1212.04—Unlawful Possession on School Grounds
- 28-1202.—Carrying Concealed Weapons
- 28-1206.—Prohibited Persons and Weapons
- 14-102.—Municipal Weapons Regulation (Cities)
- 16-239.—Municipal Weapons Regulation (Villages)
- 17-556.—Municipal Weapons Regulation (Towns)
Legal Disclaimer
This information is provided for general educational purposes and should not be construed as legal advice. Laws change frequently and local ordinances may impose additional restrictions beyond state law. Always verify with official state sources before making decisions about knife carry or ownership. KnifeInformer is not a law firm — consult a qualified attorney for specific legal questions.
