Yes, pepper spray is legal in Nebraska for self-defense, but its possession and use are subject to Nebraska Revised Statute § 28-1201 and Lincoln’s municipal ordinances. State law permits canisters under 2 ounces for individuals 18+, while Omaha’s 2024 ordinance restricts sales to licensed dealers. Misuse as a weapon or carrying in prohibited locations (e.g., schools) incurs Class IV felony penalties under § 28-1205.
Key Regulations for Pepper Spray in Nebraska
- Canister size limit: Maximum 2 ounces of oleoresin capsicum (OC) per unit, with no more than 10% concentration. Larger volumes trigger felony charges under § 28-1201(3).
- Age restriction: Only individuals aged 18+ may purchase or possess pepper spray. Retailers must verify ID via Nebraska’s NICS system for sales.
- Local sales restrictions: Omaha mandates licensed dealer sales, while Lincoln prohibits online purchases without in-store pickup. Violations result in misdemeanor charges under municipal codes.
Nebraska’s 2026 legislative session may introduce stricter retail licensing, aligning with neighboring states’ models. The Nebraska State Patrol’s 2025 compliance bulletin emphasizes mandatory training for concealed carry permit holders using OC spray. Federal regulations (18 U.S.C. § 922) preempt state law for interstate transport, requiring adherence to TSA guidelines for air travel.