Here's what I've been getting from the police and Jean Stothert
Let's take this ball and get it fixed.
...
Richard
The ordinance you questioned about 20-192 Carrying concealed weapon which states:
It shall be unlawful for any person except an authorized officer purposely or knowingly to carry a weapon concealed on or about his person. To my knowledge the ordinance has not been changed.
The ordinance does provide an affirmative defense in 20-194 Protection as defense:
It shall be a sufficient defense for any person charged under this article to show that he was engaged in a lawful business, calling or employment and the circumstances in which he was placed at the time were such as to justify a prudent person carrying a weapon for his own defense or the defense of his family or property.
With that said, having a carrying concealed permit would fall under the Protection as defense as long as the individual is following the laws which were outlined in the Carrying concealed weapon law.
I checked under the State Statue 28-1202 Carrying Concealed Weapon. When the Nebraska State Legislature passed the Carrying Concealed Weapon Law they did not change the State?s existing Carrying Concealed Weapon law. The reason is because in the law it is written as follows:
The existing Nebraska concealed weapons law (Nebraska Revised Statutes ? 28-1202) was retained in the statutes and generally prohibits the carrying of concealed weapons including handguns, bowie knife, knifes with a blade over 3 ??, brass or iron knuckles, and any other deadly weapons. There is an exception in this law which allows the carrying of a concealed weapon by persons engaged in a lawful business, calling or employment at the time of carrying the weapon but only under circumstances which would justify a prudent person in carrying a weapon for the defense of his or her person, property, or family. Unlike the concealed handgun permit law; there are no specific limitations on the places where a concealed weapon can be carried under this provision. Persons utilizing this exception are cautioned that the place where a weapon is carried will have a bearing on the reasonableness of carrying the weapon. This exception, instead of being authority to carry, is an affirmative defense to a charge of carrying a concealed weapon ? in other words, you may have to prove in court that you qualify for the exception.
The existing concealed weapons statute applies to those who do not have a concealed handgun permit. The statute also applies to those holding a concealed handgun permit if the weapon carried is NOT a handgun (I.e. bowie knife, iron knuckles, etc.). Concealed handgun permit holders must comply with all provisions of the Concealed Handgun Permit Act any time they are carrying a concealed handgun and may not carry a handgun under the provisions of Nebraska Revised Statutes ? 28-1202.
This information was forward to Councilwoman Jean Stothert. I am also talking with others in OPD about the ordinance.
Lt. David Sedlacek
Customer Services Unit
444-5671
--------------------------------------------------------------------------------
-----Original Message-----
From: Rich Wiese [mailto:huskergun@tconl.com]
Sent: Wed 8/19/2009 10:03 PM
To: Stothert, Jean L. (CCou)
Subject: Omaha City Council: Firearms laws in Omaha ??
This is an enquiry e-mail via
http://www.co.douglas.ne.us/omaha/citycouncil/ from:
Rich Wiese <
Mrs. Stothert,
Recently I went to the Omaha Police department downtown to take care of my handgun registration(which I will discuss with you at another time) and was given a packet of the Omaha firearms laws.
To my surprise what was given to me was out dated (6/25/2006) and wrong. On one of the pages it still states that it is illegal to carry concealed in Omaha unless you are in law enforcment.
Mrs. Stothert, this can be confusing to people who want to do the right thing and be legal to get this. This needs to be changed as soon as possible. Thank you for your prompt attention to this. And good luck with the budget.
I will be glad to drop off to you the entire thing that was given to me if you would like.
Let me know and please get back to me on this issue.
Thanks again
Rich Wiese
How Should We Contact You? (email, phone, etc.):
email or phone
Jean Stothert
jlstothert@aol.com
