Nebraska Revised Statutes

Neb. Rev. Stat. § 28-1202 (2026)

Minor or prohibited person; carrying concealed weapon; penalty

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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(1) A minor or a prohibited person shall not carry 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.

(2) A violation of this section is a Class I misdemeanor for a first offense and a Class IV felony for a second or subsequent offense.

Notes of Decisions
Cited in 43 cases (11 in the last 5 years), 1948–2026 · leading case: State v. Senn, 888 N.W.2d 716 (Neb. 2016).
State v. Senn, 888 N.W.2d 716 (Neb. 2016). · cites it 9× “Generally, under Neb. Rev. Stat. § 28-1202 (Reissue 2016), 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.”
State v. Valencia, 290 N.W.2d 181 (Neb. 1980). · cites it 52× “, 1978, which reads as follows: "(1) Except as provided in subsection (2) of this section, any person who carries a weapon or weapons concealed on or about his person such as a revolver, pistol, bowie knife, dirk or knife with a dirk blade attachment, brass or iron knuckles, or…”
State v. Warlick, 956 N.W.2d 269 (Neb. 2021). · cites it 20× “Criminal Law: Statutes. A penal statute is to be strictly construed in the context of the object sought to be accomplished, the evils and mischiefs sought to be remedied, and the purpose sought to be served.”
State v. Nguyen, 881 N.W.2d 566 (Neb. 2016). · cites it 28× “When a weapon has been classified as a deadly weapon per se for purposes of Neb. Rev. Stat. § 28-1202 (Cum. Supp. 2014), the manner or intended use of such deadly weapon is immaterial.”
State v. Williams, 352 N.W.2d 576 (Neb. 1984). · cites it 28× “The State responds that, in effect, the jury was so instructed; that, in any event, the knife in question was a deadly weapon as specifically enumerated in Neb. Rev. Stat. § 28-1202 (1) (Reissue 1979); that the use or intended use of such a weapon is immaterial; and that,…”
State v. Hamdan, 2003 WI 113, 665 N.W.2d 785. · cites it 6× “030 (West 1995)), Nebraska ( Neb. Rev. Stat. § 28-1202 (1995)), Kansas ( Kan.”
State v. Pierson, 476 N.W.2d 544 (Neb. 1991). · cites it 16× “§ 28-1202 (Reissue 1989), which provides in part: (1) Except as provided in subsection (2) of this section, any person who carries a weapon or weapons concealed on or about his or her person such as a revolver, pistol, bowie knife, dirk or knife with a dirk blade attachment,…”
In re Interest of Shea B., 532 N.W.2d 52 (Neb. Ct. App. 1995). · cites it 8× “§ 28-517 (Reissue 1989), by receiving stolen property valued at over $1,500, and Neb. Rev. Stat. § 28-1202 (1) (Reissue 1989), by carrying a concealed weapon.”
State v. Lowman, 954 N.W.2d 905 (Neb. 2021). · cites it 3× “Generally, to prevail on a claim of ineffective assistance of counsel under Strickland v. Washington, 31 the defendant must show that his or her counsel’s performance was deficient and that this deficient performance actually prejudiced the defendant’s defense.”
State v. Cory P., 584 N.W.2d 820 (Neb. Ct. App. 1998). · cites it 6× “The petition specifically alleged (1) that Cory had carried a concealed weapon on or about his person, in violation of Neb. Rev. Stat. § 28-1202 (1) (Reissue 1995); (2) that Cory was under the age of 18 and had possessed a pistol, revolver, or other form of short-barreled hand…”
Drake v. Filko, 724 F.3d 426 (3d Cir. 2013). · cites it 2× “030 (1), (4); Neb. Rev. Stat. § 28-1202 (1)(a), (2); Nev.”
State v. Lenz, 419 N.W.2d 670 (Neb. 1988). · cites it 4× “Williams is distinguishable in that the crime there charged was carrying a concealed weapon, Neb. Rev. Stat. § 28-1202 (1) (Reissue 1979), which has different elements.”
Neb. Rev. Stat. § 28-1202(1): 11 cases
State v. Valencia, 290 N.W.2d 181 (Neb. 1980). “, 1978, which reads as follows: "(1) Except as provided in subsection (2) of this section, any person who carries a weapon or weapons concealed on or about his person such as a revolver, pistol, bowie knife, dirk or knife with a dirk blade attachment, brass or iron knuckles, or…”
State v. Williams, 352 N.W.2d 576 (Neb. 1984). “The State responds that, in effect, the jury was so instructed; that, in any event, the knife in question was a deadly weapon as specifically enumerated in Neb. Rev. Stat. § 28-1202 (1) (Reissue 1979); that the use or intended use of such a weapon is immaterial; and that,…”
State v. Nguyen, 881 N.W.2d 566 (Neb. 2016). “When a weapon has been classified as a deadly weapon per se for purposes of Neb. Rev. Stat. § 28-1202 (Cum. Supp. 2014), the manner or intended use of such deadly weapon is immaterial.”
In re Interest of Shea B., 532 N.W.2d 52 (Neb. Ct. App. 1995). “§ 28-517 (Reissue 1989), by receiving stolen property valued at over $1,500, and Neb. Rev. Stat. § 28-1202 (1) (Reissue 1989), by carrying a concealed weapon.”
State v. Pierson, 476 N.W.2d 544 (Neb. 1991). “§ 28-1202 (Reissue 1989), which provides in part: (1) Except as provided in subsection (2) of this section, any person who carries a weapon or weapons concealed on or about his or her person such as a revolver, pistol, bowie knife, dirk or knife with a dirk blade attachment,…”
Neb. Rev. Stat. § 28-1202(1)(a): 3 cases
State v. Senn, 888 N.W.2d 716 (Neb. 2016). “Generally, under Neb. Rev. Stat. § 28-1202 (Reissue 2016), 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.”
State v. Rein, No. A-17-649 (Neb. Ct. App. Oct. 30, 2018).
State v. Khat, No. A-18-081 (Neb. Ct. App. Dec. 31, 2018).
Neb. Rev. Stat. § 28-1202(2): 1 case
State v. Williams, 352 N.W.2d 576 (Neb. 1984). “The State responds that, in effect, the jury was so instructed; that, in any event, the knife in question was a deadly weapon as specifically enumerated in Neb. Rev. Stat. § 28-1202 (1) (Reissue 1979); that the use or intended use of such a weapon is immaterial; and that,…”
Neb. Rev. Stat. § 28-1202(3): 2 cases
State v. Cory P., 584 N.W.2d 820 (Neb. Ct. App. 1998). “The petition specifically alleged (1) that Cory had carried a concealed weapon on or about his person, in violation of Neb. Rev. Stat. § 28-1202 (1) (Reissue 1995); (2) that Cory was under the age of 18 and had possessed a pistol, revolver, or other form of short-barreled hand…”
State v. Vrtiska, 418 N.W.2d 758 (Neb. 1988).
Neb. Rev. Stat. § 28-1202(Z)(a): 1 case
Drake v. Filko, 724 F.3d 426 (3d Cir. 2013). “030 (1), (4); Neb. Rev. Stat. § 28-1202 (1)(a), (2); Nev.”
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