Can a felon own a gun in Nebraska?

Nebraska prohibits firearm possession for all felony convictions. The primary path to restoration is through a gubernatorial pardon from the Board of Pardons (which includes the Governor, Attorney General, and Secretary of State). Set-aside of convictions under recent legislation may also restore rights for some offenses.

How can a felon restore gun rights in Nebraska?

Apply to the Nebraska Board of Pardons for a gubernatorial pardon. Set-aside under LB 254 (2024) may also provide relief for certain offenses.

What is the waiting period for gun rights restoration in Nebraska?

Must complete sentence. The Board of Pardons generally requires a waiting period of 3+ years after sentence completion.

Are there exceptions to gun rights restoration in Nebraska?

Sex offenses, violent crimes, and repeat offenders face stricter scrutiny. The pardon process in Nebraska is more accessible than in many states because applications are accepted regularly.

Can a felon own a gun in Nebraska?

Not unless the felon receives a pardon from the Nebraska Board of Pardons that explicitly restores the right to possess firearms. Under Neb. Rev. Stat. 28-1206, any person convicted of a felony is permanently prohibited from possessing any firearm or deadly weapon. A set-aside of the conviction does not restore gun rights — only a pardon can.

Does a set-aside restore gun rights in Nebraska?

No. This is one of the most critical distinctions in Nebraska law. A set-aside under Neb. Rev. Stat. 29-2264 does not restore firearm rights. The statute explicitly preserves the conviction for purposes of the felon-in-possession statute (28-1206). The Nebraska Supreme Court confirmed this in State v. Spady. Only a pardon from the Board of Pardons can restore gun rights.

How do I apply for a pardon in Nebraska?

Wait 10 years after completing your felony sentence (with no law enforcement contact or additional convictions during that time). Download the Pardon Application from pardons.nebraska.gov. Complete and submit it by email or mail. The Board will schedule a hearing, which you must attend in person. Make sure to specifically request restoration of firearm rights in your application.

Who is on the Nebraska Board of Pardons?

The Board of Pardons consists of three members: the Governor, the Attorney General, and the Secretary of State. This is established by the Nebraska Constitution, Article IV, Section 13. The Governor alone cannot grant a pardon — the Board must act collectively. All three members participate in hearings and decision-making.

What is the penalty for a felon possessing a gun in Nebraska?

Under Neb. Rev. Stat. 28-1206, a convicted felon who possesses a firearm is guilty of a Class ID felony, which carries a mandatory minimum of 3 years in prison and a maximum of 50 years. This is one of the harshest felon-in-possession penalties in the nation. Additionally, the person may face federal prosecution under 18 USC 922(g)(1), which carries up to 15 years in federal prison.

Does a pardon automatically restore gun rights in Nebraska?

Not necessarily. The Board of Pardons may grant a pardon with or without restoring gun rights. Even when a pardon is granted, the Governor must separately 'expressly authorize' the person to possess firearms. When applying for a pardon, you must specifically request that firearms rights be restored. If the pardon does not include express firearms authorization, you remain prohibited.

Is there a new federal process to restore gun rights?

Yes. In March 2025, the DOJ revived the 18 USC 925(c) process, which allows individuals federally prohibited from possessing firearms to petition the Attorney General for relief from the federal firearms disability. This process had been effectively defunded since 1992. The detailed application procedures are still being finalized. This could provide a pathway for Nebraska felons to address the federal prohibition independently of the state pardon process.

Can I restore my gun rights through expungement in Nebraska?

Nebraska does not have a traditional expungement process for felony convictions. The set-aside process under Neb. Rev. Stat. 29-2264 is the closest equivalent, but it explicitly does not restore firearm rights. There is no court-based mechanism in Nebraska to restore gun rights — only the Board of Pardons can do that through the pardon process.

Felon Gun Rights in Nebraska

Must petition for restoration

No — unless you receive a pardon from the Nebraska Board of Pardons that explicitly restores your gun rights. Under Neb. Rev. Stat. 28-1206, a convicted felon cannot possess any firearm or deadly weapon. A set-aside of your conviction does NOT restore firearm rights — only a pardon can do that. You must wait 10 years after completing your sentence before applying for a pardon. Even with a state pardon, the federal prohibition under 18 USC 922(g)(1) may still apply unless the pardon fully restores civil rights. Consult an attorney.

Last updated: 2026-03-21

Overview

Nebraska prohibits all persons convicted of a felony from possessing any firearm or deadly weapon under Neb. Rev. Stat. 28-1206. The sole mechanism for restoring gun rights is a pardon from the Nebraska Board of Pardons that explicitly empowers the Governor to authorize the person to possess firearms. Critically, a court-ordered 'set-aside' of a conviction under Neb. Rev. Stat. 29-2264 does NOT restore firearm rights — the Nebraska Supreme Court has confirmed that a set-aside is not equivalent to a pardon and does not remove the firearms disability. The Board of Pardons consists of the Governor, Attorney General, and Secretary of State, and requires a 10-year waiting period after felony sentence completion before a pardon application can be filed. Federal law under 18 USC 922(g)(1) imposes an additional, independent prohibition.

Quick Answer

Federal Law — 18 USC 922(g)

Under 18 USC 922(g)(1), all persons convicted of a crime punishable by more than one year of imprisonment are permanently prohibited from possessing firearms or ammunition. A Nebraska pardon that fully restores civil rights and expressly authorizes firearm possession may lift the federal disability under the 'pardoned' exception in 18 USC 921(a)(20). However, if the pardon does not explicitly restore firearms rights, the federal ban remains. A set-aside under Neb. Rev. Stat. 29-2264 does not qualify as an expungement or pardon for federal purposes — the conviction remains intact for purposes of 18 USC 922(g)(1). The revived federal 18 USC 925(c) process (as of March 2025) may provide a separate federal pathway for relief from the federal firearms disability.

Can restore gun rights

✓Persons who receive a pardon from the Nebraska Board of Pardons that explicitly empowers the Governor to authorize them to possess firearms
✓Persons whose felony conviction has been pardoned by the President (for federal convictions) — may restore both state and federal firearm rights
✓Persons eligible for relief under the revived federal 18 USC 925(c) process — may address the federal prohibition independently

Cannot restore gun rights

✗Persons whose conviction has been set aside under Neb. Rev. Stat. 29-2264 — a set-aside does NOT restore firearm rights under Nebraska law
✗Persons who have not waited 10 years after completion of their felony sentence — cannot yet apply for a pardon
✗Persons whose pardon does not explicitly authorize firearm possession — a general pardon without firearms language does not restore gun rights
✗Persons within 10 years of sentence completion who had any contact with law enforcement or additional convictions — the 10-year wait restarts
✗Persons currently under indictment, on probation, or on parole — prohibited under both state and federal law
✗Persons convicted of misdemeanor domestic violence — prohibited under federal law (18 USC 922(g)(9)) regardless of state pardon
✗Persons subject to an active domestic violence protective order — prohibited under both state and federal law

Step-by-Step Process

Complete your full sentence and wait 10 years

You must complete all terms of your sentence, including imprisonment, probation, parole, and payment of fines and restitution. Then you must wait a full 10 years after sentence completion before you are eligible to file a pardon application. During this 10-year period, you must not have any contact with law enforcement or additional convictions — any such contact restarts the 10-year clock.

Download and complete the Pardon Application

Download the Pardon Application and instructions from pardons.nebraska.gov. Complete the application in full — it requires detailed personal information, criminal history, employment history, community involvement, and reasons for seeking a pardon. You must specifically request restoration of firearm rights in the application if you want gun rights restored.

Submit the application to the Board of Pardons

Submit the completed application by email or mail to the Nebraska Board of Pardons at PO Box 95007, Lincoln, NE 68509. Processing times vary — it may take several months to several years from the date the application is received before the Board reviews it. Applications are processed in the order they are received.

Attend a hearing before the Board of Pardons

The Nebraska Board of Pardons will send a notice of hearing after reviewing your application. You must attend and testify at the hearing in person. The Board of Pardons consists of the Governor, Attorney General, and Secretary of State. A pardon will not usually be granted without a hearing. You may bring character witnesses and evidence of rehabilitation. An attorney is recommended but not required.

Ensure the pardon explicitly authorizes firearm possession

If the Board grants a pardon, confirm that the official pardon document explicitly empowers the Governor to authorize you to 'receive, possess, or transport in commerce a firearm.' The Board may grant a pardon with or without restoring gun rights — firearms restoration is not automatic even with a pardon. If the pardon does not include firearms language, you remain prohibited from possessing firearms.

Address the federal prohibition

Even after a state pardon with firearms restoration, the federal prohibition under 18 USC 922(g)(1) may still apply. A pardon that fully restores civil rights and expressly authorizes firearms may lift the federal ban under the 'pardoned' exception in 18 USC 921(a)(20). Consult an attorney about whether your specific pardon qualifies. The revived 18 USC 925(c) process may provide an additional pathway for federal relief.

Waiting Period

10 years after completion of sentence (including imprisonment, probation, parole, and payment of all fines and restitution) for felony convictions before a pardon application can be filed. The 10-year clock restarts if the applicant has any contact with law enforcement or additional convictions during the waiting period. For misdemeanor convictions, the waiting period is 3 years. After the application is filed, processing times vary from several months to several years depending on the Board's caseload.

Key Laws

Law	Year	Description
Neb. Rev. Stat. 28-1206 — Possession of a Deadly Weapon by a Prohibited Person	1977 (amended through 2023)	Prohibits any person convicted of a felony, or who is a fugitive from justice, from possessing, receiving, selling, or transporting any firearm or other deadly weapon. The prohibition is permanent unless removed by a pardon from the Board of Pardons that explicitly authorizes firearm possession. Violation is a Class ID felony (mandatory minimum 3 years, up to 50 years imprisonment).
Neb. Rev. Stat. 29-2264 — Set-Aside of Conviction	1971 (amended through 2024)	Allows a court to set aside a conviction after the offender has completed probation or a term of incarceration. However, a set-aside under this section 'does not preclude use of the conviction' for purposes of 28-1206 — meaning the firearms prohibition remains in full effect after a set-aside. The Nebraska Supreme Court in State v. Spady confirmed that a set-aside does not constitute a pardon and does not restore firearms rights.
Nebraska Constitution Article IV, Section 13 — Board of Pardons	1875 (amended 1998)	Establishes the Board of Pardons, consisting of the Governor, Secretary of State, and Attorney General. Grants the Board the power to grant reprieves, pardons, or commutations in all cases of conviction for offenses against the laws of the state. The Governor alone cannot grant a pardon without the Board's approval.
Neb. Rev. Stat. 83-1,130 — Board of Pardons; Application; Investigation	1969 (amended through 2023)	Establishes the procedures for applying for a pardon, including the requirement for investigation before the Board considers any application. The Board may request information from the committing court, the county attorney, and law enforcement agencies.

Edge Cases

I had my conviction set aside by a court. Can I own a gun now?

No. A set-aside under Neb. Rev. Stat. 29-2264 does NOT restore firearm rights in Nebraska. The statute explicitly states that a set-aside 'does not preclude use of the conviction' for purposes of Neb. Rev. Stat. 28-1206 (the felon-in-possession statute). The Nebraska Supreme Court confirmed this in State v. Spady, holding that a set-aside 'does not result in the granting of a pardon' and certain civil disabilities — including the firearms prohibition — are exempted from restoration. Only a pardon from the Board of Pardons that explicitly authorizes firearm possession can restore gun rights.

I had a minor contact with law enforcement during my 10-year wait. Does the clock restart?

Yes. The Board of Pardons requires that applicants have no 'contact with law enforcement or additional convictions' during the 10-year waiting period. Any such contact — even if it does not result in a conviction — may restart the 10-year clock. This is a strict requirement. If you had contact with law enforcement during the waiting period, consult an attorney about whether it rises to the level that would reset your eligibility.

The Board granted me a pardon but did not mention firearms. Are my gun rights restored?

No. The Board of Pardons may grant a pardon 'with or without restoring your gun rights.' Firearms restoration must be explicitly included in the pardon. By granting a pardon, the Board empowers the Governor to restore rights — but the Governor must 'expressly authorize such person to receive, possess, or transport in commerce a firearm.' If the pardon is silent on firearms, you remain prohibited from possessing any firearm under both Neb. Rev. Stat. 28-1206 and federal law.

Can I possess a firearm for hunting or sport shooting if my conviction was nonviolent?

No. Neb. Rev. Stat. 28-1206 makes no distinction between violent and nonviolent felonies. All persons convicted of any felony are permanently prohibited from possessing any firearm or deadly weapon in Nebraska. There are no exceptions for hunting, sport shooting, home defense, or any other purpose. The prohibition applies equally to handguns, rifles, and shotguns. You may hunt with archery equipment or other non-firearm methods.

Nebraska has constitutional carry. Does that apply to convicted felons?

No. Nebraska's permitless (constitutional) carry law (LB 77, 2023) allows law-abiding adults to carry concealed handguns without a permit, but it does not override Neb. Rev. Stat. 28-1206's prohibition on firearm possession by convicted felons. A convicted felon who possesses any firearm — openly or concealed — is committing a Class ID felony regardless of constitutional carry laws.

My felony was from another state. Does Nebraska's firearm prohibition apply to me?

Yes. Neb. Rev. Stat. 28-1206 prohibits possession of firearms by any person convicted of a felony, including federal felonies and felonies from other states. To restore gun rights in Nebraska, you would need a pardon from the state where you were convicted (which may address the federal ban) or a pardon from the Nebraska Board of Pardons (for Nebraska residents). The Nebraska Board may consider pardons for out-of-state convictions in some circumstances.

Frequently Asked Questions

Can a felon own a gun in Nebraska?: Not unless the felon receives a pardon from the Nebraska Board of Pardons that explicitly restores the right to possess firearms. Under Neb. Rev. Stat. 28-1206, any person convicted of a felony is permanently prohibited from possessing any firearm or deadly weapon. A set-aside of the conviction does not restore gun rights — only a pardon can.
Does a set-aside restore gun rights in Nebraska?: No. This is one of the most critical distinctions in Nebraska law. A set-aside under Neb. Rev. Stat. 29-2264 does not restore firearm rights. The statute explicitly preserves the conviction for purposes of the felon-in-possession statute (28-1206). The Nebraska Supreme Court confirmed this in State v. Spady. Only a pardon from the Board of Pardons can restore gun rights.
How do I apply for a pardon in Nebraska?: Wait 10 years after completing your felony sentence (with no law enforcement contact or additional convictions during that time). Download the Pardon Application from pardons.nebraska.gov. Complete and submit it by email or mail. The Board will schedule a hearing, which you must attend in person. Make sure to specifically request restoration of firearm rights in your application.
How long does the pardon process take in Nebraska?: After the 10-year waiting period, processing times vary significantly. It may take several months to several years from the date your application is received before the Board reviews it. Applications are processed in the order they are received. The Board meets regularly throughout the year to consider applications and hold hearings.
Who is on the Nebraska Board of Pardons?: The Board of Pardons consists of three members: the Governor, the Attorney General, and the Secretary of State. This is established by the Nebraska Constitution, Article IV, Section 13. The Governor alone cannot grant a pardon — the Board must act collectively. All three members participate in hearings and decision-making.
What is the penalty for a felon possessing a gun in Nebraska?: Under Neb. Rev. Stat. 28-1206, a convicted felon who possesses a firearm is guilty of a Class ID felony, which carries a mandatory minimum of 3 years in prison and a maximum of 50 years. This is one of the harshest felon-in-possession penalties in the nation. Additionally, the person may face federal prosecution under 18 USC 922(g)(1), which carries up to 15 years in federal prison.
Does a pardon automatically restore gun rights in Nebraska?: Not necessarily. The Board of Pardons may grant a pardon with or without restoring gun rights. Even when a pardon is granted, the Governor must separately 'expressly authorize' the person to possess firearms. When applying for a pardon, you must specifically request that firearms rights be restored. If the pardon does not include express firearms authorization, you remain prohibited.
Is there a new federal process to restore gun rights?: Yes. In March 2025, the DOJ revived the 18 USC 925(c) process, which allows individuals federally prohibited from possessing firearms to petition the Attorney General for relief from the federal firearms disability. This process had been effectively defunded since 1992. The detailed application procedures are still being finalized. This could provide a pathway for Nebraska felons to address the federal prohibition independently of the state pardon process.
Can I restore my gun rights through expungement in Nebraska?: Nebraska does not have a traditional expungement process for felony convictions. The set-aside process under Neb. Rev. Stat. 29-2264 is the closest equivalent, but it explicitly does not restore firearm rights. There is no court-based mechanism in Nebraska to restore gun rights — only the Board of Pardons can do that through the pardon process.

Take Action — Direct Links

Nebraska Board of Pardons — Official Website
Official website of the Nebraska Board of Pardons. Contains general information about the pardon process, eligibility requirements, and contact information.
Nebraska Board of Pardons — Pardon Application
Direct link to the pardon application form and instructions for submitting a pardon petition to the Board of Pardons.
Nebraska Board of Pardons — FAQ
Frequently asked questions about the Nebraska pardon process, including eligibility requirements, waiting periods, and what a pardon can and cannot do.
CCRC — Nebraska Restoration of Rights & Record Relief
Comprehensive guide from the Collateral Consequences Resource Center covering all restoration pathways in Nebraska, including the critical distinction between set-asides and pardons for firearms purposes.
Nebraska Judicial Branch — Criminal Record Rehabilitation
Nebraska Judicial Branch page covering criminal record rehabilitation options, including set-asides and pardons, with guidance on which mechanism is appropriate for different goals.
Neb. Rev. Stat. 28-1206 — Full Statutory Text
Full text of Neb. Rev. Stat. 28-1206, which prohibits possession of deadly weapons by convicted felons and other prohibited persons.
ATF — Federal Firearms Disabilities Relief (18 USC 925(c))
ATF page explaining federal firearms disability relief options under 18 USC 925(c), including the revived DOJ application process.