Are you sure you can legally open carry a handgun at 18 (if received as a gift) in Nebraska? I know in Iowa you can but I was under the impression this was not the case in Nebraska?
Could you post the state statute that deals with this please?
Sure. As has been pointed out "open carry" is not discussed in the state statutes. As such, we deal with "possession." Can an 18-year-old possess a firearm, specifically a handgun?
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http://www.nebraskalegislature.gov/laws/statutes.php?statute=28-120428-1204. Unlawful possession of a handgun; exceptions; penalty.(1) Any person
under the age of eighteen years who possesses a handgun commits the offense of unlawful possession of a handgun.
(2) This section does not apply to the issuance of handguns to members of the armed forces of the United States, active or reserve, National Guard of this state, or Reserve Officers Training Corps, when on duty or training, or to the temporary loan of handguns for instruction under the immediate supervision of a parent or guardian or adult instructor.
(3) Unlawful possession of a handgun is a Class I misdemeanor.
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Emphasis mine. ("under the age of eighteen")
Related statute, for other weapons (which includes the above statute by specific citation):
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http://www.nebraskalegislature.gov/laws/statutes.php?statute=28-1204.0128-1204.01. Unlawful transfer of a firearm to a juvenile; exceptions; penalty; county attorney; duty.(1) Any person who knowingly and intentionally does or attempts to sell, provide, loan, deliver, or in any other way transfer the possession of a firearm to a juvenile commits the offense of unlawful transfer of a firearm to a juvenile. The county attorney shall have a copy of the petition served upon the owner of the firearm, if known, in person or by registered or certified mail at his or her last-known address.
(2) This section does not apply to the transfer of a firearm, other than a handgun, to a juvenile:
(a) From a person related to such juvenile within the second degree of consanguinity or affinity if the transfer of physical possession of such firearm does not occur until such time as express permission has been obtained from the juvenile's parent or guardian;
(b) For a legitimate and lawful sporting purpose; or
(c) Who is under direct adult supervision in an appropriate educational program.
(3) This section applies to the transfer of a handgun except as specifically provided in subsection (2) of section 28-1204.
(4) Unlawful transfer of a firearm to a juvenile is a Class III felony.
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....I note that I still wish to state for the record that "the OP OCing a shotgun for his middle-of-the-night smoke runs" is legal, I believe that it is one of the worst possible choices out of a LOT of better possibilities.
