Is Owning a Flamethrower Legal in Nebraska After the 2026 Law Changes?

No, owning a flamethrower in Nebraska is prohibited under state law, which classifies such devices as incendiary weapons. The Nebraska State Fire Marshal’s 2025 Hazardous Device Regulations explicitly ban their possession without a federal explosives license. Local law enforcement agencies, including the Omaha Police Department’s Bomb Squad, enforce these restrictions under Nebraska Revised Statute § 28-1204.


Key Regulations for Owning a Flamethrower in Nebraska

  • State Prohibition: Nebraska Revised Statute § 28-1204 criminalizes the possession of flamethrowers, categorizing them as destructive devices. Violations may result in felony charges, punishable by up to 20 years imprisonment and $25,000 fines.
  • Federal Licensing Exemption: Only individuals holding a Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Type 07 or 10 license may lawfully possess a flamethrower. Nebraska does not recognize out-of-state permits for these devices.
  • Local Enforcement: County sheriffs and municipal police departments conduct periodic inspections of storage facilities for licensed individuals. Unpermitted possession triggers immediate confiscation under the Nebraska Fire Prevention Code (NFPC) § 69-6,103.