NE resident with out of state permit

[bk09]

I think I have this question answered but I would like to hear other people's translation of the law. As some of you know I work in the firearms section of a big box store. Today a patron came to purchase a handgun and displayed their NE driver's license and an out of state concealed carry permit, but no purchase permit or NE ccw permit. I had to deny the sale since we only accept NE permits (pretty sure this is a law and not just company policy). I was almost certain when presented with this situation that a Nebraska resident, which they were, was required to have a Nebraska concealed carry permit to carry in Nebraska; and any out of state concealed permit is only recognized in other states that may not accept the NE permit. The patron left before I could get to the state patrol's website and review the law with them so that I could advise them to not carry until they were sure of the law. This person said that their concealed carry instructor whom they said was also lawyer mentioned that it is ok.

Upon going to the state patrol website I found this: "As of August 30, 2009, Nebraska will recognize CCW permits issued by those states on the below list which the Nebraska Attorney General has determined have standards equal to or greater than Nebraska. This recognition extends ONLY to persons who are NOT residents of Nebraska. This change in the law allows non-resident permit holders from the approved states to carry concealed in Nebraska the same as if they held a Nebraska permit. The list made no distinction between resident and non-resident permits from the listed states. No registration or issuance of a Nebraska permit is necessary. The same limits and restrictions apply that currently apply to Nebraska permit holders. You can review the regulations (which are in the process of being updated due to recent changes in the law) on the Nebraska State Patrol website. A list of the states determined by the Nebraska Attorney General to have standards equal to or greater than the standards contained in Nebraska Statue is below. These states CCW permits Will Be recognized by the State of Nebraska."

They way I interpret this law is that if you are a Nebraska resident you MUST have a Nebraska permit to carry in Nebraska, while if you are traveling to another state that accepts the permit you have it will be ok. Any input on this will be appreciated. And if I am correct then I may contact the state patrol and see if they can make sure the instructors relay the proper information to students. Thank to the lord I had Chris Zeeb as my instructor, you can tell he knows his stuff

[bullit]

Yes...if Nebraska resident MUST have NE CHP to legally carry concealed in Nebraska.
Not sure what you mean by asking the NSP to ensure we teach this....we already do/should be etc etc......just like other required materials.

[Chris Z]

http://nebraskalegislature.gov/laws/statutes.php?statute=69-2448

69-2448. License or permit issued by other state or District of Columbia; how treated.
A valid license or permit to carry a concealed handgun issued by any other state or the District of Columbia shall be recognized as valid in this state under the Concealed Handgun Permit Act if (1) the holder of the license or permit is not a resident of Nebraska and (2) the Attorney General has determined that the standards for issuance of such license or permit by such state or the District of Columbia are equal to or greater than the standards imposed by the act. The Attorney General shall maintain and publish a list of such states and the District of Columbia which he or she has determined have standards equal to or greater than the standards imposed by the act.

Source

Laws 2009, LB430, § 13.


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There are many good instructors out there who know their stuff and are teaching the right thing. Unfortunately there are also Instructors who get a NRA Instructor certification, teach a NRA basic pistol class, and then hand out a copy of the NE laws and rules and call it a day. The can't teach the NE rules and laws because they haven't made the effort to get to know them well enough themselves

[SemperFiGuy]

69-2403. Sale, lease, rental, and transfer; certificate required; exceptions.

(1) Except as provided in this section and section 69-2409, a person shall not purchase, lease, rent, or receive transfer of a handgun until he or she has obtained a certificate in accordance with section 69-2404. Except as provided in this section and section 69-2409, a person shall not sell, lease, rent, or transfer a handgun to a person who has not obtained a certificate.

(2) The certificate shall not be required if:
(a) The person acquiring the handgun is a licensed firearms dealer under federal law;
(b) The handgun is an antique handgun;
(c) The person acquiring the handgun is authorized to do so on behalf of a law enforcement agency;
(d) The transfer is a temporary transfer of a handgun and the transferee remains (i) in the line of sight of the transferor or (ii) within the premises of an established shooting facility;
(e) The transfer is between a person and his or her spouse, sibling, parent, child, aunt, uncle, niece, nephew, or grandparent;
(f) The person acquiring the handgun is a holder of a valid permit under the Concealed Handgun Permit Act; or
(g) The person acquiring the handgun is a peace officer as defined in section 69-2429.

====================================================
However..........................
NAC 272, Ch. 21 RECIPROCITY WITH OTHER STATES
004.01
Permits issued by other states or the District of Columbia to persons who are NOT residents of Nebraska will be recognized as valid in Nebraska if they are on the list maintained and published by the Nebraska Attorney General as jurisdictions issuing permits using standards which are equal to or greater than those in effect in Nebraska.
===================================================

However, this customer was a resident of Nebraska who had a permit from another state.  So--it appears to this non-attorney that his out-of-state permit is NOT valid in Nebraska under this section.

Looks like you did the right thing in turning him down.

sfg

[bk09]

Thanks for reassuring me on this one guys. In regards to emailing the state patrol about this, the instructors should be relaying the proper information (which I'm sure most are) but this flaw of teaching could get somebody a misdemeanor on accident. I hope this person contacted the state patrol like I recommended, but most likely won't because people seem to think salesmen are clueless.

[newfalguy101]

In regards to emailing the state patrol about this, the instructors should be relaying the proper information (which I'm sure most are) but this flaw of teaching could get somebody a misdemeanor on accident

Emailing the state patrol will have NO effect on this particular incident as the potential buyer held A carry permit from outside Nebraska ( assuming I read the opening post correctly ) and The State P has no control/input over what is taught outside of Nebraska.

[HuskerXDM]

Thanks for reassuring me on this one guys. In regards to emailing the state patrol about this, the instructors should be relaying the proper information (which I'm sure most are) but this flaw of teaching could get somebody a misdemeanor on accident. I hope this person contacted the state patrol like I recommended, but most likely won't because people seem to think salesmen are clueless.

It would only be beneficial if the buyer was saying his CHP instructor said any permit was good enough.

[bk09]

It would only be beneficial if the buyer was saying his CHP instructor said any permit was good enough.

This is what I was going for in my last post newfalguy101. I wouldn't email them regarding purchasing a gun with the permit, it would be for them to send out a letter or email to the instructors to make sure they understand a NE resident must have a NE permit. It's sad to see (some) instructors only teaching these classes to make a quick buck instead of providing students with enough information to understand the laws better.

[bk09]

I sent them an email and got a quick replay stating that the person who received it has forwarded the email to the Sergeant in charge of CCW instructors.