General Categories > Carry Issues

Open Carry in Vehicle in Omaha, NE

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rhollman:
I am planning to get a Concealed Carry Permit but... it looks like if... you register your handgun with Omaha Police Department, then... the OPD will grant a permit to have the handgun in Omaha city limits - this much I understand (right or wrong this is what the city ordinance says).  So, if I do not get a Concealed Carry Permit and instead do get a OPD permit, my question is... while I am driving my vehicle in Omaha NE, with a OPD permit (and no Concealed Carry Permit) would the handgun have to be unloaded while it is with me in the vehicle??

pianoman:
Handgun registration with the police department is required if you do not have a CCW permit.  Handgun registration is simply to let OPD know there's a handgun in the city and is separate from the "open carry permit" that Omaha requires if you want to open carry and do not have a CCW permit.  (http://www.safenebraska.org/safe-working/concealed-carry-handgun-training.php) 

In short, if you do not have your CCW or open carry permit with the city, you would need to have your gun unloaded, broken down, locked in the trunk, or whatever else may be necessary to avoid the city ordinances for what constitutes open carry and concealed carry. 

I'm still at the office or I'd look up more definitions/ordinances for ya, but that's it in a nutshell.

SemperFiGuy:
Here's the Whole Bloomin' Story:

OMAHA HANDGUN REGISTRATION
OMAHA MUNICIPAL CODE
Sec. 20-251. [Registration] Required.

(a) It shall be unlawful for any person to own, have possession of, or maintain control over any concealable firearm which has not been registered to said person with the chief of police in accordance with this division, except when:

  (i) such possession or control is with the knowledge and express consent of the person in whose name such concealable firearm is registered; or
 
  (ii) the owner, possessor or transporter is in compliance with the laws of the State of Nebraska under the Concealed Handgun Permit Act or has a valid license or permit to carry a concealed handgun issued by any other state or the District of Columbia if
 
       (1) the holder of the license or permit is not a resident of Nebraska and
       (2) the Nebraska Attorney General has determined that the standards for issuance of such license or permit by such state or District of Columbia are equal to or greater than the standards imposed by the State of Nebraska.

Basically, the above law says that any concealable handgun located in Omaha must be registered w/Omaha Police Department unless the owner has a Concealed Handgun Permit, either NE or reciprocated w/NE.
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OMAHA OPEN CARRY PERMIT[Handgun Identification Card]
OMAHA MUNICIPAL CODE
Sec. 20-207. Firearm training program.

(a) A training program to qualify persons in the safe use of firearms shall, after review and approval by resolution by the city council, be established and operated by the city, which may contract with private organizations or use the services of other agencies, or may use a combination of the two, to provide such training.    Said resolution shall be submitted to the city council on or before December 21, 1993.

(b) A fee shall be charged each person attending the training program.   The city shall set out a reasonable fee, to be set by the city council, after review and approval by said resolution, which shall include the cost of training, to be paid to the licensed training facility, and to the city.

(c) An identification card on a form approved by the city shall be issued to each person who successfully completes the training program.

(d) The training program shall consist of eight to ten hours of classroom training and education and two hours of practical firearm operation at an approved shooting range.

(e) The city shall prescribe such procedures as may be necessary for its operation in conformity with the provisions of this article.

(f) The city shall have complete control over the training program and shall decide upon the qualifications of all applicants.

(g) An applicant for the training program shall fill out a form stating his or her full name, social security number (optional), residence, age, whether applicant has ever been convicted of a felony, whether the person is addicted to the use of alcohol or any controlled substance, whether the person has any history of mental illness, and whether the person has ever been convicted of a misdemeanor involving acts of violence.

(h) The identification card shall be valid for three years from the date of issuance.

(i) The identification card may be renewed every three years provided that:

(1) The applicant pays a reasonable recertification fee, as set by the city council.

(2) The applicant has not violated, or is currently charged with violating, any applicable provision of this Code, state law or city ordinance, rule or regulation during the past three years.

(j) The identification card may be revoked by the city for the violation of any applicable provision of this Code, state law or city ordinance, rule or regulation, or if the identification card was issued to an unqualified applicant.

(k) Waivers may granted to those who can provide evidence of satisfactory completion of either a United States armed forces or a nationally recognized handgun firearms training program.

(Ord. No. 33113, § 8, 11-23-93; Ord. No. 34229, § 2, 6-17-97)

Sec. 20-208. Issuance of identification card.

Upon successful completion of the firearm training program, an identification card shall be issued with the approval of the city bearing a distinguishing number assigned to the card holder, the full name, date of birth, sex, residence address, expiration date, and a brief description and colored photograph of the card holder.

(Ord. No. 33113, § 9, 11-23-93; Ord. No. 34229, § 3, 6-17-97)

Basically, the above Omaha Code says that Open Carriers in Omaha must possess a valid Omaha Handgun Identification Card [that's what it's called].
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This Section Seems to OK Omaha Open Carry for Concealed Handgun Permit Holders
Previously Posted on this Forum by IvanAwfulItch on 25 February 2009

Ivan writes:
I finally got tired of searching and sent an email directly to Marty Conboy, Omaha City Prosecuter, about open carrying legally.   Basically, if you already have your Nebraska Concealled Handgun Permit, you can legally carry concealed or open in Omaha. Now we all need to open carry so the public will get used to seeing it.

This is what transpired;

[M Conboy to IAI]

It would require the concealed carry permit authorized by the state.  Once you get that, you can carry either concealed or open in Omaha.


This second hand email, purportedly from Marty Conboy, says that if you have a valid NE or reciprocated Concealed Handgun Permit, you can Open Carry in Omaha.   I've seen it before posted in other venues.   Marty Conboy is no longer Omaha City Prosecutor.   Paul Kratz is now in that position.    Will he honor that old email?   To find out, ask him.
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My recommendation is always to look up the actual NE State Statutes and Omaha Municipal Codes, because THERE'S A GREAT DEAL OF MISINFORMATION FLOATING ALL AROUND and a lot of it comes from NE Certified Handgun Training & Safety (Concealed Handgun Permit) Instructors.


I cringe a lot when sharing the podium with my colleagues.
[And who knows.......they may just cringe right back.]

sfg

HuskerXDM:
So to summarize... If its a handgun in Omaha city limits you have to have it registered with the city.  The only way out of that registration is to get a CHP because state law overrides city ordinance.

rhollman:
Thank you SemperFiGuy and Pianoman, you did indeed confirm what I already know, and yes I have a printed copy of Omaha Municode, part II, chapter 20, article VII - Weapons, but.... in reading all that municipal code, I agree, the best thing to do is get a concealed carry permit, but am still curious if... I or someone would instead choose to go the route of OmahaPoliceDept, the Omaha municpal code makes it look like yes you have your omaha permit but no, you cannot have it plainly visible and loaded in your car. 

Perhaps I can answer my own question because Sec 20-206 Carrying Weapons says ... unlawful to... transport concealable firearm in a motor vehicle except... (5) unloaded.. inside a closed container... inside a luggage compartment... not readily accessible, or (9) person having obtained and display a city ID card showing completion of firearm training sec 20-207, or (10) person carrying a valid concealed carry permit.

So, if I am reading correctly, if the weapon is registered with police department, and if have completed the safety training, then it looks like the handgun could be loaded in the vehicle if in plain sight.  But, maybe the police officer does not know the law and issues you a ticket anyway saying prove your innocence in court because some years ago, I called the police to verify I can target practice with a pellet gun in Omaha (because my neighbor was telling me to stop).  The police officer on the phone said, if we come to your house, we would probably just write a ticket and then you and the judge can talk about it - (wow).

Although it looks like a handgun registered with city police, and proof of taken the safety course should allow carrying a loaded handgun in a vehicle in plain sight, I think I will still go get the concealed permit.  But, how does anyone else read that city code, does it really allow open carry of a loaded handgun in a vehicle if you have registered the handgun with omaha city police and can show proof of the safety class??

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