Pepper Spray Laws – Nebraska

Nebraska ranks among the very best states when it comes to civilian possession of defensive springs, including pepper sprays and tear gas sprays.

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Nebraska places no restrictions whatsoever on the type of spray that a citizen may possess or the quantity.

This affords residents and visitors broad discretion in equipping themselves with the tools of defense that will best suit their needs.

Additionally, defensive sprays are freely bought and sold from brick and mortar establishments and off of the internet in Nebraska, so you’ll encounter no bottlenecks when it comes to getting your hands on the hot stuff.

In the rest of this article, we will share with you other relevant facts as well as a selection of the most important state statutes concerning the use of pepper spray in defense.

Fast Facts

  • All typical formulations of commercially available defensive spray are permitted in Nebraska. Citizens may choose OC pepper spray, CN tear gas or CS tear gas, as well as blends of these ingredients.
  • Citizens are allowed to possess and use devices that contain and dispense defensive spray carrying any quantity. You will not be restricted to some paltry amount of solution in Nebraska.
  • Nebraska places no age restrictions on the possession of pepper sprays or tear gas sprays.

Overview

Nebraska is yet another friendly state when it comes to civilian possession of pepper spray or tear gas spray for self-defense.

In fact, it can hardly be said that it is regulated at all, with the only major prohibition boiling down to correct and legal usage of said sprays.

So long as you are not using your pepper spray in the commission of any crime, to pull a prank or for purposes other than self-defense you will not have any run-ins with the law in Nebraska.

Remember: Though defensive sprays are typically categorized as non- or less-lethal weapons (if they are categorized as weapons at all) the misuse of these devices could still entail serious criminal charges.

At any rate, citizens may choose from and legally carry traditional OC pepper spray or synthetic tear gases, including CN and CS formulations.

If you wanted to, you could even carry a blend of these ingredients as an all-in-one solution.

As always, we strongly urge prospective purchasers to select a product that is developed and sold by a major manufacturer who enjoys a good reputation in the sector.

This will avoid pretty much any unforeseen problems that might arise from the use of said sprays. Never take a chance on an unknown or improvised product, and don’t brew your own at home!

Also worth mentioning is that citizens may carry any quantity of spray that they desire, a fact that is in a stark contrast to some states which have instituted draconian measures to hobble citizens who would use this least offensive of personal defensive measures.

You can carry a tiny, pocket-sized sprayer or huge crowd dispersal can, it is up to you.

Lastly, it appears that Nebraska does not have any law on the books which would otherwise restrict people under the age of 18 from carrying pepper spray or tear gas spray.

This means that pepper spray will be one of the very best options for teenagers and older children to carry for self-defense purposes, so long as they can be trusted not to misbehave with it.

Conclusion

Citizens who want to carry pepper spray or tear gas spray will find a lot to like about the state of Nebraska, whether they are residents or visitors.

Nebraska institutes no restrictions on defensive sprays whatsoever, as long as they are not used for any criminal purpose.

Citizens may choose from any formulation they desire and carry any quantity that serves their purposes. Nebraska is another model state concerning civilian carry and use of pepper spray.

Relevant State Statutes

28-1409. Use of force in self-protection.

(1) Subject to the provisions of this section and of section 28-1414, the use of force upon or toward another person is justifiable when the actor believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion.

(2) The use of such force is not justifiable under this section to resist an arrest which the actor knows is being made by a peace officer, although the arrest is unlawful.

(3) The use of such force is not justifiable under this section to resist force used by the occupier or possessor of property or by another person on his behalf, where the actor knows that the person using the force is doing so under a claim of right to protect the property, except that this limitation shall not apply if:

(a) The actor is a public officer acting in the performance of his duties or a person lawfully assisting him therein or a person making or assisting in a lawful arrest;

(b) The actor has been unlawfully dispossessed of the property and is making a reentry or recapture justified by section 28-1411; or

(c) The actor believes that such force is necessary to protect himself against death or serious bodily harm.

(4) The use of deadly force shall not be justifiable under this section unless the actor believes that such force is necessary to protect himself against death, serious bodily harm, kidnapping or sexual intercourse compelled by force or threat, nor is it justifiable if:

(a) The actor, with the purpose of causing death or serious bodily harm, provoked the use of force against himself in the same encounter; or

(b) The actor knows that he can avoid the necessity of using such force with complete safety by retreating or by surrendering possession of a thing to a person asserting a claim of right thereto or by complying with a demand that he abstain from any action which he has no duty to take, except that:

(i) The actor shall not be obliged to retreat from his dwelling or place of work, unless he was the initial aggressor or is assailed in his place of work by another person whose place of work the actor knows it to be; and

(ii) A public officer justified in using force in the performance of his duties or a person justified in using force in his assistance or a person justified in using force in making an arrest or preventing an escape shall not be obliged to desist from efforts to perform such duty, effect such arrest or prevent such escape because of resistance or threatened resistance by or on behalf of the person against whom such action is directed.

(5) Except as required by subsections (3) and (4) of this section, a person employing protective force may estimate the necessity thereof under the circumstances as he believes them to be when the force is used, without retreating, surrendering possession, doing any other act which he has no legal duty to do, or abstaining from any lawful action.

(6) The justification afforded by this section extends to the use of confinement as protective force only if the actor takes all reasonable measures to terminate the confinement as soon as he knows that he safely can do so, unless the person confined has been arrested on a charge of crime.


28-1410. Use of force for protection of other persons.

(1) Subject to the provisions of this section and of section 28-1414, the use of force upon or toward the person of another is justifiable to protect a third person when:

(a) The actor would be justified under section 28-1409 in using such force to protect himself against the injury he believes to be threatened to the person whom he seeks to protect;

(b) Under the circumstances as the actor believes them to be, the person whom he seeks to protect would be justified in using such protective force; and

(c) The actor believes that his intervention is necessary for the protection of such other person.

(2) Notwithstanding subsection (1) of this section:

(a) When the actor would be obliged under section 28-1409 to retreat, to surrender the possession of a thing or to comply with a demand before using force in self-protection, he shall not be obliged to do so before using force for the protection of another person, unless he knows that he can thereby secure the complete safety of such other person;

(b) When the person whom the actor seeks to protect would be obliged under section 28-1409 to retreat, to surrender the possession of a thing or to comply with a demand if he knew that he could obtain complete safety by so doing, the actor is obliged to try to cause him to do so before using force in his protection if the actor knows that he can obtain complete safety in that way; and

(c) Neither the actor nor the person whom he seeks to protect is obliged to retreat when in the other’s dwelling or place of work to any greater extent than in his own.


28-1411. Use of force for protection of property.

(1) Subject to the provisions of this section and of section 28-1414, the use of force upon or toward the person of another is justifiable when the actor believes that such force is immediately necessary:

(a) To prevent or terminate an unlawful entry or other trespass upon land or a trespass against or the unlawful carrying away of tangible, movable property; Provided, that such land or movable property is, or is believed by the actor to be, in his possession or in the possession of another person for whose protection he acts; or

(b) To effect an entry or reentry upon land or to retake tangible movable property; Provided, that the actor believes that he or the person by whose authority he acts or a person from whom he or such other person derives title was unlawfully dispossessed of such land or movable property and is entitled to possession; and provided further, that:

(i) The force is used immediately or on fresh pursuit after such dispossession; or

(ii) The actor believes that the person against whom he uses force has no claim of right to the possession of the property and, in the case of land, the circumstances, as the actor believes them to be, are of such urgency that it would be an exceptional hardship to postpone the entry or reentry until a court order is obtained.

(…)


28-308. Assault in the first degree; penalty.

(1) A person commits the offense of assault in the first degree if he or she intentionally or knowingly causes serious bodily injury to another person.

(2) Assault in the first degree shall be a Class II felony.


28-309. Assault in the second degree; penalty.

(1) A person commits the offense of assault in the second degree if he or she:

(a) Intentionally or knowingly causes bodily injury to another person with a dangerous instrument;

(b) Recklessly causes serious bodily injury to another person with a dangerous instrument; or

(c) Unlawfully strikes or wounds another (i) while legally confined in a jail or an adult correctional or penal institution, (ii) while otherwise in legal custody of the Department of Correctional Services, or (iii) while committed as a dangerous sex offender under the Sex Offender Commitment Act.

(2) Assault in the second degree shall be a Class IIA felony.


28-310. Assault in the third degree; penalty.

(1) A person commits the offense of assault in the third degree if he:

(a) Intentionally, knowingly, or recklessly causes bodily injury to another person; or

(b) Threatens another in a menacing manner.

(2) Assault in the third degree shall be a Class I misdemeanor unless committed in a fight or scuffle entered into by mutual consent, in which case it shall be a Class II misdemeanor.


28-1202. Carrying concealed weapon; penalty; affirmative defense.

(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.

(3) Carrying a concealed weapon is a Class I misdemeanor.

(4) In the case of a second or subsequent conviction under this section, carrying a concealed weapon is a Class IV felony.

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