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LEO's and the open carry law have a different view of things.

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grumpy old man:
I have not gotten my Conceal permit yet due to $$$ so I decided I am going to open carry. I have contacted the Cass County Sheriff and the Highway Patrol about open carrying and got some interesting responses.  I wanted to open carry using a "crossbread iwb tuck holster" which would reveal the handle of my Springfield xdm compact 9mm.  After contacting these LEO they stated the entire gun has to be visible otherwise its considered concealed.  I found the Nebraska state statue regarding this which is here:

Nebraska Revised Statute 69-2429

Revised Statutes » Chapter 69 » 69-2429 Print Friendly
69-2429. Terms, defined.
For purposes of the Concealed Handgun Permit Act:

(1) Concealed handgun means the handgun is totally hidden from view. If any part of the handgun is capable of being seen, it is not a concealed handgun;

I then forwarded this to the LEO and they stated its all about "Intent" and if they saw me carrying my handgun with my shirt tucked in with the holster iwb only showing the handle of my gun they would issue me.

I want to carry but I dont want to lose my gun nor can I afford a lawyer.  Any ideas?

Thanks so much from a NRA and NFOA member.

justsomeguy:
You're right. They're wrong. But in a game where one of the players is also the ref, guess who's gonna win?

SemperFiGuy:
Well, the Cass County LEOs have stated their intent:   Which is to issue a citation to you if you openly carry as you have proposed.

Seems like the simplest solution is to buy a different holster which is clearly OWB.   

If you don't want to change holsters on principle or whatever, then you run the risk of all the things you've already mentioned:  confiscation, attorney's fees.   Plus risk of fine(s) and/or jail time, probation, criminal record, firearms violation.   (Not being able to obtain a CHP for 10 years.)   All that and maybe more.

Of course, we always have this consolation from the Nebraska State Constitution:

All persons are by nature free and independent, and have certain inherent and inalienable rights; among these are life, liberty, the pursuit of happiness, and the right to keep and bear arms for security or defense of self, family, home, and others, and for lawful common defense, hunting, recreational use, and all other lawful purposes, and such rights shall not be denied or infringed by the state or any subdivision thereof.  [/b][/color]

Such as Cass County.

Good luck in whatever you do.   And please be reminded that OC in Omaha requires something called the Handgun Identification Card (Open Carry Permit).

sfg

sjwsti:
I would consider using a dedicated outside the pant open carry holster. Always try to stay out of any grey area of the law if possible. Another aspect to consider is retention. The Cross breed has no secondary means of retention, meaning anyone could simply grab it and pull it out of the holster.

We have worked this as a drill in training extensively and a gun grab from this style of holster is nearly impossible to stop. Out of several brands of holsters we have worked with the Safariland ALS was my personal pick. They can be purchased for around $50. Although very popular, Im not a fan of the Blackhawk Serpa due to the location and operation of its release.

- Shawn

CitizenClark:

--- Quote from: brandonhein on April 21, 2014, 09:58:24 AM ---I have not gotten my Conceal permit yet due to $$$ so I decided I am going to open carry. I have contacted the Cass County Sheriff and the Highway Patrol about open carrying and got some interesting responses.  I wanted to open carry using a "crossbread iwb tuck holster" which would reveal the handle of my Springfield xdm compact 9mm.  After contacting these LEO they stated the entire gun has to be visible otherwise its considered concealed.  I found the Nebraska state statue regarding this which is here:

Nebraska Revised Statute 69-2429

Revised Statutes » Chapter 69 » 69-2429 Print Friendly
69-2429. Terms, defined.
For purposes of the Concealed Handgun Permit Act:

(1) Concealed handgun means the handgun is totally hidden from view. If any part of the handgun is capable of being seen, it is not a concealed handgun;

I then forwarded this to the LEO and they stated its all about "Intent" and if they saw me carrying my handgun with my shirt tucked in with the holster iwb only showing the handle of my gun they would issue me.

I want to carry but I dont want to lose my gun nor can I afford a lawyer.  Any ideas?

Thanks so much from a NRA and NFOA member.

--- End quote ---

Did they send you anything in writing, or was this all a verbal back and forth?

If they actually sent you an email or a letter telling you that they intend to arrest you for conduct that is clearly and explicitly excluded from the definition of a crime by the authorizing statute, I would love to see it.

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