Section 28-1202.02 - Carrying concealed handgun; consumption of alcohol or controlled substance; effect; applicability; violation; penalty(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.Neb. Rev. Stat. §§ 28-1202.02
Added by Laws 2023, LB 77,§ 10, eff. 9/2/2023.