General Categories > Carry Issues
by having CHP....am i bound to CHP rules while open carrying?
jFader:
There are quite a few specific rules in Nebraska for legally carrying concealed...
At the same time there seems to be very few rules & regulations for someone who chooses to open carry...
I have heard that by possessing a CHP license in Nebraska, "I am expected to adhere to the CHP guidelines whether I carry open or concealed"...?
Is that statement true or false & does anyone have any sources?
I'm assuming that some things overlap, like 'gun free zones', federal bldgs, etc....
I guess at the end of the day, I would like to know are there specific rules for open carry in this state & am I bound to all of the chp rules when I elect to open carry?
Thanks in advance!
SemperFiGuy:
jfade:
Some time ago I checked this particular issue out with a Staff Attorney from the Nebraska State Patrol.
Below please find the full correspondence, with names redacted:
===================================================
Thank you for submitting a question to the Nebraska State Patrol. In your email, you said, “Can a person who holds a valid, current CHP permit (no part of the handgun may be visible) decide to switch to the open carry mode and then openly carry a visible handgun under Nebraska law? The openly carried handgun would then be visible. But..CHP holders are not supposed to show their handguns openly (visibly).”
There are no laws regulating open carry of handguns in the State of Nebraska. Any individual who may lawfully possess a handgun can open carry. There is also no law or regulation in Nebraska stating that concealed handgun permit holders are required to carry in a concealed manner. A concealed handgun permit holder can carry in the open at any time. The last part of your email, which states, “But..CHP holders are not supposed to show their handguns openly (visibly)” is incorrect. This is not a requirement under state or federal law.
I hope this information is helpful. Should you require further information, please do not hesitate to contact me.
=================================================
DanW and I were discussing this issue on this Forum. To obtain a definitive legal decision, I directly contacted the Nebraska State Patrol.
DanW was correct; Listen to DanW.
sfgBTW: When the NSP Staff Attorney says, "There are no laws regulating open carry of handguns in the State of Nebraska", she means that there are no applicable State Statutes. I promise you there are City of Omaha Municipal Codes that govern open carry in Omaha. Start w/Omaha MuniCode 20-207.
jFader:
Awesome...thank you SFG! I figured that someone else had already crossed this bridge & had the knowledge that I needed!
SemperFiGuy:
jFade:
FWIW, I'm still non-plussed by the possible contradiction of the above official information with this definition from the Nebraska Administrative Code:
002 DEFINITIONS
002.03 “Concealed handgun” shall mean totally hidden from view with no portion of the handgun visible.
Further, once a citizen gets crosswise with the legal system, the process is highly unstable, dependent upon the LEOs, judge, prosecution, defense lawyers, jury (if paneled), and whatever else. The weather, maybe.......
May you never draw your handgun in fear nor anger.
sfg
bullit:
SFG.... can you elaborate as to why you think there is a relationship of this definition below AND that this PRESCRIBES the only manner in which a CHP holder can legally carry (e.g. OC vice CC)? Forgive me if I am not seeing it or not understanding your implication.
--- Quote from: SemperFiGuy on January 06, 2014, 07:34:30 AM ---FWIW, I'm still non-plussed by the possible contradiction of the above official information with this definition from the Nebraska Administrative Code:
002 DEFINITIONS
002.03 “Concealed handgun” shall mean totally hidden from view with no portion of the handgun visible.
--- End quote ---
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