Tasers and stun guns are legal to own and carry in Nebraska for most adults under Nebraska taser laws, with no permit or background check required and a minimum purchase age of 18. The catch is that the state’s weapon statutes were written around firearms, knives, and knuckles, so a taser’s legal status depends on how those rules stretch to cover a device that doesn’t fit any of the listed categories.
Who Can Legally Own a Taser
Any Nebraska adult who is not a prohibited person can buy and keep a taser. There is no permit, no waiting period, and no registration.
Nebraska’s prohibited-persons statute bars certain people from possessing firearms, knives, or brass or iron knuckles:1Nebraska Legislature. Nebraska Revised Statutes 28-1206 – Possession of a Deadly Weapon by a Prohibited Person
- Anyone previously convicted of a felony in any U.S. jurisdiction.
- Fugitives fleeing prosecution or incarceration for a felony.
- Anyone knowingly violating an active protection order.
- Anyone on probation under a deferred judgment for a felony.
- Anyone convicted within the past seven years of a misdemeanor crime of domestic violence (restricted from firearms or brass or iron knuckles specifically).
The statute names firearms, knives, and knuckles, not tasers. A taser uses electrical discharge rather than an explosive charge, so it isn’t a firearm under Nebraska’s definition.2Nebraska Legislature. Nebraska Revised Statutes 28-1201 – Terms, Defined Whether it counts as a “deadly weapon” for the prohibited-persons rule can depend on context. If you fall into any category above, assume a court could classify a taser as a deadly weapon and don’t possess one. The penalty for guessing wrong is a Class III felony.
Carrying a Taser in Public
Nebraska is a constitutional carry state, and the general rule extends beyond firearms. If you are 21 or older and not a prohibited person, you can carry a taser concealed on your person without a permit.
Two groups face a concealed-carry restriction: minors (defined as under 21 in the weapons statutes) and prohibited persons. The concealed-carry statute covers “a handgun, a knife, brass or iron knuckles, or any other deadly weapon,” and that catchall is where a taser most likely falls for people in those categories.3Nebraska Legislature. Nebraska Revised Statutes 28-1202 – Carrying Concealed Weapon, Penalty So an 18-year-old can buy a taser but cannot legally carry it concealed until 21.
A first offense of unlawful concealed carry is a Class I misdemeanor. A second or subsequent offense is a Class IV felony.
Where You Can’t Take a Taser
Even when you’re legally allowed to carry, certain places are off-limits.
Nebraska’s school-weapon statute is written around firearms specifically and makes it a Class IV felony to possess a firearm in a school, on school grounds, in a school-owned vehicle, or at a school-sponsored activity.4Justia. Nebraska Revised Statutes 28-1204.04 – Unlawful Possession of a Firearm at a School, Penalty, Exceptions Because a taser isn’t a firearm under state law, the text doesn’t reach it directly. Schools separately prohibit weapons on their property, and state and local government buildings restrict them too. Leave the taser at home or locked in your vehicle before entering any school, courthouse, or posted government facility.
Private property owners can also ban weapons on their premises. Ignoring posted signage can lead to trespassing charges even when the device itself is legal to carry.
Using a Taser in Self-Defense
A taser is only legal to deploy on another person when Nebraska’s self-defense standard is met. State law permits force when you reasonably believe it is immediately necessary to protect yourself against another person’s unlawful use of force on the present occasion.5Nebraska Legislature. Nebraska Revised Statutes 28-1409 – Use of Force in Self-Protection Two elements must be present: an actual, immediate threat, and a genuine belief that force is needed to stop it right then.
Proportionality still applies. A taser is generally treated as a less-lethal tool, which gives you more room to justify its use than a firearm. But using one on someone who poses no real physical threat, or firing it as retaliation after a confrontation is over, crosses into criminal conduct. Less-lethal doesn’t mean casual-use.
Using a Taser to Protect Property
Nebraska allows reasonable force to stop someone from unlawfully entering property or taking belongings, but the standard is tighter than for self-defense. A device like a taser can be used to protect property only if all three conditions are met:6Nebraska Legislature. Nebraska Revised Statutes 28-1411 – Use of Force for Protection of Property
- The device is not designed to cause, and is not known to create a substantial risk of, death or serious bodily harm.
- The use is reasonable under the circumstances as you understand them.
- The device is customarily used for that purpose, or you have taken reasonable steps to warn likely intruders that it is in use.
A standard consumer taser generally satisfies the first requirement because these devices are built to incapacitate temporarily. Before using any force to protect property, you also have to ask the person to stop and leave, unless doing so would be useless, dangerous, or would allow substantial property damage before you could act. And you cannot use force to remove a trespasser if you know removing them would expose them to serious bodily harm.
Penalties for Illegal Possession or Misuse
Possession by a prohibited person of a deadly weapon that isn’t a firearm, the most likely classification for a taser, is a Class III felony. If the weapon is a firearm, the penalty jumps to a Class ID felony for a first offense and a Class IB felony for any subsequent offense.1Nebraska Legislature. Nebraska Revised Statutes 28-1206 – Possession of a Deadly Weapon by a Prohibited Person
A minor or prohibited person carrying a taser concealed faces a Class I misdemeanor for a first offense, which can mean up to a year in jail. A second offense becomes a Class IV felony.3Nebraska Legislature. Nebraska Revised Statutes 28-1202 – Carrying Concealed Weapon, Penalty Deploying a taser outside the bounds of lawful self-defense or property protection can also lead to assault charges, with severity depending on the injury caused and the circumstances of the encounter.