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new to concealed carry questions!

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jFader:
I am new to concealed carry having just got my permit this week...I plan on begining to carry as often as possible as soon as I receive the iwb holster that I just ordered & I'm going to buy a smaller firearm this upcoming weekend...

 I have done a fair amount of research & I still am a little unclear on a few of the state laws. So I figured i would throw them out there and see what opinions/law references you guys had on them. Thanks in advance for all responses!

1. I read on recent post on this forum that you can lose your chp for 10 years for a dui...is this true, if so, is it on a case by case basis or a mandatory loss of license?

2. Are there any regulations on open carry other than Omahas ridicoulous laws?
 & by having my chp am I bound to those rules even if I switch from concealed to open carry.

Example...I realize that alcohol is not permitted while  carrying concealed, I just drank 3 beers watching the football game & I'm heading outside to take the trash out, can I open carry? Or better yet, I go out to dinner with my wife & have a few drinks without my gun on me, when I get back into the vehicle can I open carry with a owb holster?

I swear I'm not an alcoholic! I just like the taste of beer!

3. What is the penalty if you were to accidently carry inside of a posted store & somehow, I don't know how, be noticed & have the police called on you?

Is it a license revocation or a warning or something in between?

I'm gonna attempt to not patronize stores that don't allow carry but I think its gonna take some getting use to...

Like I said, thanks in advance....I have more ?s but I will stop at 3 & likely figure some of the others out as I go. The trash example I gave earlier is about to happen right now...burrrr, I need some heat on me to stay warm out there & my wife tricked me into watching the walking dead so now I'm looking out for bad guys & zombies.

All joking aside, I am enjoying this forum & organization that supports our rights & plan on donating very soon! I also plan on following the rules, now that I have it, I don't want to lose it.

AWick:
jFade,

1) You could be referencing my letter to the Nebraska Crossing Outlet mall. The DUI conviction was my understanding from the following laws. I'd love to have someone clarify if I'm wrong. The last thing I want to do is spread misinformation... news flash, I may have come to a different conclusion... but please, correct me if I'm wrong.

http://www.nebraskalegislature.gov/laws/statutes.php?statute=69-2435

--- Quote ---69-2435. Permitholder; continuing requirements; return of permit; when.
A permitholder shall continue to meet the requirements of section 69-2433 (referenced below) during the time he or she holds the permit, except as provided in subsection (4) of section 69-2443. If, during such time, a permitholder does not continue to meet one or more of the requirements, the permitholder shall return his or her permit to the Nebraska State Patrol for revocation. If a permitholder does not return his or her permit, the permitholder is subject to having his or her permit revoked under section 69-2439.
--- End quote ---


--- Quote ---69-2433. Applicant; requirements.
An applicant shall:

(1) Be at least twenty-one years of age;

(2) Not be prohibited from purchasing or possessing a handgun by 18 U.S.C. 922, as such section existed on January 1, 2005;

(3) Possess the same powers of eyesight as required under section 60-4,118 for a Class O operator's license. If an applicant does not possess a current Nebraska motor vehicle operator's license, the applicant may present a current optometrist's or ophthalmologist's statement certifying the vision reading obtained when testing the applicant. If such certified vision reading meets the vision requirements prescribed by section 60-4,118 for a Class O operator's license, the vision requirements of this subdivision shall have been met;

(4) Not have been convicted of a felony under the laws of this state or under the laws of any other jurisdiction;

(5) Not have been convicted of a misdemeanor crime of violence under the laws of this state or under the laws of any other jurisdiction within the ten years immediately preceding the date of application;

(6) Not have been found in the previous ten years to be a mentally ill and dangerous person under the Nebraska Mental Health Commitment Act or a similar law of another jurisdiction or not be currently adjudged mentally incompetent;

(7)(a) Have been a resident of this state for at least one hundred eighty days. For purposes of this section, resident does not include an applicant who maintains a residence in another state and claims that residence for voting or tax purposes except as provided in subdivision (b) or (c) of this subdivision;

(b) If an applicant is a member of the United States Armed Forces, such applicant shall be considered a resident of this state for purposes of this section after he or she has been stationed at a military installation in this state pursuant to permanent duty station orders even though he or she maintains a residence in another state and claims that residence for voting or tax purposes; or

(c) If an applicant is a new Nebraska resident and possesses a valid permit to carry a concealed handgun issued by his or her previous state of residence that is recognized by this state pursuant to section 69-2448, such applicant shall be considered a resident of this state for purposes of this section;

(8 ) Not have had a conviction of any law of this state relating to firearms, unlawful use of a weapon, or controlled substances or of any similar laws of another jurisdiction within the ten years preceding the date of application. This subdivision does not apply to any conviction under Chapter 37 or under any similar law of another jurisdiction, except for a conviction under section 37-509, 37-513, or 37-522 or under any similar law of another jurisdiction;

(9) Not be on parole, probation, house arrest, or work release;

(10) Be a citizen of the United States; and

(11) Provide proof of training.
--- End quote ---

So, then researching to see if a DUI is indeed legally considered a conviction of using a controlled substance, as I wasn't sure how it would be classified,  I found this information under http://nebraskalegislature.gov/laws/statutes.php?statute=28-401:


--- Quote ---(4) Controlled substance shall mean a drug, biological, substance, or immediate precursor in Schedules I to V of section 28-405. Controlled substance shall not include distilled spirits, wine, malt beverages, tobacco, or any nonnarcotic substance if such substance may, under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 301 et seq., as such act existed on January 1, 2009, and the law of this state, be lawfully sold over the counter without a prescription;
--- End quote ---

So no, I don't think a DUI, unless it somehow becomes a felony, or a crime of violence (i.e. you nearly killed someone while driving under the influence), and in that case, you have bigger problems to worry about, would revoke your permit. I also was incorrect about the jail time aspect. It appears that if you don't turn in your permit then the following happens:


--- Quote ---69-2439. Permit; application for revocation; prosecution; fine; costs.
.
.
.
(4) A person who has his or her permit revoked under this section may be fined up to one thousand dollars and shall be charged with the costs of the prosecution. The money collected under this subsection as an administrative fine shall be remitted to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.
--- End quote ---

Sorry that was a long explanation,

2) I'm not sure about the open carry laws and how they correspond with alcohol. My best judgement would be to not carry while drinking at all. Yes you could still be fine, but you know what the headlines will read and the attorneys will smell blood and take you to task. "Drunk man shoots teen who was turning his life around, claims self defense!"

3) Section 69-2441 is the section with all the don't for concealed carry, I won't post them cause this has gotten to be long enough, but here is the section that deals with those no-no's:


--- Quote ---(4) A permitholder convicted of a violation of section 69-2441 that occurred on property owned by the state or any political subdivision of the state may also have his or her permit revoked. A permitholder convicted of a violation of section 69-2441 that did not occur on property owned by the state or any political subdivision of the state shall not have his or her permit revoked for a first offense but may have his or her permit revoked for any second or subsequent offense.
--- End quote ---

So, what I take from that is that you get one chance before your license is revoked if it happens at a private business, but it gets immediately revoked upon a conviction if it happened on state property. I'd prefer not to test it. Good luck. I'm fairly new to carrying as well so I've been trying to go over the laws repeatedly for my own understanding. It appears I messed up.

jFader:
I hear you....thanks for the references. I already try not to drink & drive, i know it isn't hard to get over the legal limit though...

I did enjoy your letter & applaud your effort to hopefully raise their awareness on the issue. It just made me think how easy it would be to lose the chp & I also thought how many thousands of residents must be without it since dui seems to be a charge that everyone from deadbeats to political leaders figure out how to get...

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