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Open Carry in Vehicle in Nebraska?

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nesportshooter:
I live out of state and occasionally visit Nebraska, my home state. I have a CCW permit recognized by Nebraska.

I have put together a strap below my steering wheel with a holster that will hold a pocket pistol .380 or a 3 inch barrel 9 mm. It seems it would be more quickly accessible than dealing with my concealed handgun under my shirt. I envision using a .380 pocket pistol there, and continue to carry my 9 mm Ruger LC9S under my shirt as usual.

I have examined various forums and it appears that should be legally permitted in Nebraska. Am I correct?

I notice it must be "clearly visible"... it clearly is visible, but of course you need to look there.

Am I going to put myself in any kind of legal jeopardy if I do this?

I'd be interested in comments from experience anybody might have.

Ron Klein

NE Bull:
With a CCW honored by NE, and NE being free to OC (other than Omaha) I see no reason to worry.

AAllen:

--- Quote from: NE Bull on August 26, 2015, 09:41:54 PM ---With a CCW honored by NE, and NE being free to OC (other than Omaha, and Blair) I see no reason to worry.

--- End quote ---

Fixed it for you.

But as he said with the Concealed Permit you should have no problem in Nebraska.

NE Bull:
I always forget Blair. 
We really need to have our members research their city and let us know what the law is there.

JTH:

--- Quote from: NE Bull on August 27, 2015, 08:13:36 AM ---I always forget Blair. 
We really need to have our members research their city and let us know what the law is there.

--- End quote ---

The law is stupid.  And completely shows why pre-emption is necessary, because it even makes concealed carry something you can still be arrested for, even if you have a NE CHP---according to them, the CHP can be used as an affirmative defense, which means you get to argue it in court.

Blair, NE Ordinances:
http://mail.ci.blair.ne.us/WebLink8/DocView.aspx?id=69492

6-315 and 6-316 are the specifics.

Basically:
1) any firearm you are carrying or possess in any manner outside your home must be unloaded, and
2) any handgun outside your home must be unloaded and either completely encased or broken down into parts.  They specifically mention that in a holster is not sufficiently encased.

Unless you are LEO, or a security guard registered with the Chief of Police, the only way around this is through an affirmative defense.

Even better, "...or the defendant was in compliance with all of the Nebraska Concealed Weapons permit requirements." is still under the affirmative defense part, which means you can be legally carrying under state law and yet according to this, you can be arrested, charged, and will have to prove this in court.

...which, I believe, is against the law.  If you have a NE concealed handgun permit, they cannot arrest you for carrying legally under that law.  But apparently they are going to try...

Note:  Not a lawyer.  But since the exception for CHP holders includes the words "defendant" and is in the section regarding affirmative defense in both ordinances, that's the way it seems to me.

We've got to get pre-emption passed.  I'll note that if I was a millionaire, we'd be having a test case about the concealed carry bit tomorrow, and then Blair would be sued for all the money it has for infringing on my rights by directly going against state law (state law currently says that no entity smaller than the state can regulate in any fashion the ownership, possession, or carry of concealable firearms by people who have a Nebraska Concealed Handgun permit, that would be NE Statute 18-1703) plus the little bit about our state constitution.

For those who don't know the statute:
18-1703. Ownership, possession, and transportation of concealed handguns; power of cities and villages; existing ordinance, permit, or regulation; null and void.

Cities and villages shall not have the power to regulate the ownership, possession, or transportation of a concealed handgun, as such ownership, possession, or transportation is authorized under the Concealed Handgun Permit Act, except as expressly provided by state law, and shall not have the power to require registration of a concealed handgun owned, possessed, or transported by a permitholder under the act. Any existing city or village ordinance, permit, or regulation regulating the ownership, possession, or transportation of a concealed handgun, as such ownership, possession, or transportation is authorized under the act, except as expressly provided under state law, and any existing city or village ordinance, permit, or regulation requiring the registration of a concealed handgun owned, possessed, or transported by a permitholder under the act, is declared to be null and void as against any permitholder possessing a valid permit under the act.

Their little affirmative defense clause still goes directly against that state statute.

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