General Categories > Carry Issues
Open Carry in Vehicle in Omaha, NE
Husker_Fan:
I believe the Omaha City Attorney's office has said that their interpretation of the state preemption law is that open carry is allowed for a CHP holder.
And by the way, welcome ragedefined. Glad you're here.
JTH:
--- Quote from: ragedefined on November 17, 2013, 08:23:54 PM ---Now re reading that again. All section b 1-10 is talking about is transportation in a vehicle. Not on your person.
--- End quote ---
20-206 lists (in part b): In all other cases, it shall be unlawful for a person to go armed with a loaded concealable firearm of any kind or to knowingly carry or transport a concealable firearm in a motor vehicle, provided, however, that this section shall not apply to the following persons:
As such, parts 1-10 below part b discuss how a person may "go armed with a loaded concealable firearm of any kind" (for example, open carry) "OR knowingly carry or transport a concealable firearm in a motor vehicle."
As part 9 is the training program for the Omaha open carry permit, and 10 says "valid concealed carry permit," then having a valid concealed carry permit allows a person to open carry in Omaha, in addition to carrying a firearm (open or concealed) in a motor vehicle, as per part b.
And yes, the Omaha City Attorney's office has said that open carry is allowed for a CHP holder.
In the Omaha codes, section 20-192 talks about concealed carry. 20-206 talks about having a concealable (but not concealed) firearm on you in any way--it is about "Carrying Weapons" and does not specify concealed.
ragedefined:
I guess it comes down to this. Your view of what it means is a misinterpretation of the meaning. You can call omaha police and they will tell you that this is talking about: to have a concealable firearm on your person or in your vehicle being illegal unless you have a conceal carry permit.(unless properly stored, ammo separated yawdy yawda) That is all. I personally would not go by just my own interpretation, I would also call lawyers and the omaha police department to see if I was reading something correctly in the municipal code.
Just got off the phone again with firearms division opd.
SemperFiGuy:
For Anyone Who May be Interested.........................
Nebraska also has a dedicated Open Carry Forum, located here:
http://www.neopencarry.org
sfg
JTH:
--- Quote from: ragedefined on November 18, 2013, 12:37:26 PM ---I guess it comes down to this. Your view of what it means is a misinterpretation of the meaning. You can call omaha police and they will tell you that this is talking about: to have a concealable firearm on your person or in your vehicle being illegal unless you have a conceal carry permit.(unless properly stored, ammo separated yawdy yawda) That is all. I personally would not go by just my own interpretation, I would also call lawyers and the omaha police department to see if I was reading something correctly in the municipal code.
Just got off the phone again with firearms division opd.
--- End quote ---
So---even though the open carry class/certification program is in the exact same list as the one listing the CCW permit, said list being the one that allows carrying a concealable firearm, the one that allows open carry in Omaha---your contention is that the CCW permit is not one that allows an exception, even though it is on the list that specifically says: "this section shall not apply to the following persons".
And, as SFG posted, the OpenCarry forum, in it's section about laws, specifically discusses the code I quoted, saying: "An identification card is required for those who wish to open carry in the city of Omaha. This card is issued to those who have completed an approved firearm training program (8-10 hours in classroom, 2 hours on shooting range). A notable exeption [sic] to this is that one may open carry if he possesses a valid CHP. - Omaha Municipal Code (Sec. 20-206,207) "
http://www.neopencarry.org/laws.php#omaha
Again---I'm curious as to how you are reading this differently. Section 20-206 is the part that regulates open carry (ANY carry of a concealable firearm in Omaha, other than actual concealed carry, which is covered by a different code, 20-192). It lists exceptions to the ban on carrying a firearm. One of those exceptions is their open carry permit. From the exact same list, one of the other exceptions is the NE CCW permit.
I'm curious as to why you think that the same list applies to two different things? Is there some other part of the Omaha code that discusses open carry? Can you show us this code, because I'd like to read it?
I note that I wouldn't contact OPD with a legal question---simply because the people answering the phones can't give legal advice, and often simply get things wrong. That isn't necessarily their fault, though it certainly is annoying to not be able to be a correct legal answer from a police officer.
I'd contact the people who actually prosecute, and the people who wrote the laws. And when you do, you'll find that the NE CCW Permit is sufficient for open carry in Omaha. (Which, it states clearly in the Omaha code.)
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