General Categories > Carry Issues
Open Carry in Vehicle in Nebraska?
tstuart34:
Should start hitting Woodhouse with letters saying why we can't visit them. I'm sure they have a little pull in the city.
bradhaas:
--- Quote from: Kendahl on August 28, 2015, 01:51:51 PM ---As I understand it, state law pre-empts this requirement if you hold a CHP.
--- End quote ---
I thought so too, but the OPD site says otherwise.
--- Quote ---The Nebraska Concealed Handgun Permit (CHP) which is issued by the Nebraska State Patrol allows a person to carry a concealable firearm (handgun) concealed on or about their person. In the City of Omaha, this particular permit DOES NOT allow a person to carry a concealable firearm IN THE OPEN.
If CHP carriers also wish to open carry at times, then it would be prudent to obtain the open carry permit through the Safety Council to ensure they are legal. The carrier would then have two separate permits ensuring the are legal in the City of Omaha.
--- End quote ---
Source: http://opd.ci.omaha.ne.us/services/citizen-services/handgun-registration#ccwopencarry
I believe the website has said different things in the past, and a Nebraska open carry forum had copies of an email exchange with then-city prosecutor Marty Conboy, in which he explicitly said that CHP holders may open carry. But state law / preemption only applies to concealED (not just concealable) firearms, and the city code is kind of vague. So I wouldn't risk it.
RLMoeller:
We are trying to get OPD to update the website as some of what they have published is not longer current.
The Omaha statute that covers this is Sec. 20-206. - Carrying weapons
Sec. 20-206. - Carrying weapons.
(a) As provided in section 20-192, the carrying of a concealed weapon is expressly forbidden.
(b) In all other cases, it shall be unlawful for a person to go armed with a loaded concealable firearm of any kind or to knowingly carry or transport a concealable firearm in a motor vehicle, provided, however, that this section shall not apply to the following persons:
(1) Persons lawfully entitled to possess a firearm while upon the premises where he or she regularly resides or is regularly employed.
(2) Peace officers.
(3) Members of the armed forces of the United States, the National Guard, or the Reserve Officer Training Corps when on duty or training.
(4) Persons who for any lawful purpose carry an unloaded concealable firearm inside a closed and fastened container or securely wrapped package which is too large to be concealed on the person.
(5) Persons who for any lawful purpose carry or transport an unloaded concealable firearm in a vehicle inside a closed and fastened container or securely wrapped package which is too large to be concealed on the person or inside a cargo or luggage compartment where the concealable firearm will not be readily accessible to any person riding in the vehicle or common carrier.
(6) Persons in or upon a shooting range or the regular business premises of a federally and city licensed firearms dealer.
(7) Persons engaged in a generally recognized course of instruction in the use of firearms, such as hunter safety instructions or instruction for the purpose of obtaining an identification card showing satisfactory completion of the firearm training program as set forth in section 20-207.
(8. ) Persons who have verified to the city that they are entitled to a waiver of the firearm training program as set forth in section 20-207(k).
(9) Persons who have obtained and display an identification card showing satisfactory completion of the firearm training program as set forth in section 20-207.
(10) Persons possessing a valid permit to carry a concealed firearm under Nebraska Law.
(Ord. No. 33113, § 7, 11-23-93; Ord. No. 34229, § 1, 6-17-97; Ord. No. 37432, § 2, 7-18-06)
RLMoeller:
Sec. 20-207 referenced in (b) 7,8, and 9 above is the training required for the "Open carry" permit .
Sec. 20-207. - Firearm training program.
? ? ? ? ?
(a)A training program to qualify persons in the safe use of firearms shall, after review and approval by resolution by the city council, be established and operated by the city, which may contract with private organizations or use the services of other agencies, or may use a combination of the two, to provide such training. Said resolution shall be submitted to the city council on or before December 21, 1993.
(b)A fee shall be charged each person attending the training program. The city shall set out a reasonable fee, to be set by the city council, after review and approval by said resolution, which shall include the cost of training, to be paid to the licensed training facility, and to the city.
(c)An identification card on a form approved by the city shall be issued to each person who successfully completes the training program.
(d)The training program shall consist of eight to ten hours of classroom training and education and two hours of practical firearm operation at an approved shooting range.
(e)The city shall prescribe such procedures as may be necessary for its operation in conformity with the provisions of this article.
(f)The city shall have complete control over the training program and shall decide upon the qualifications of all applicants.
(g)An applicant for the training program shall fill out a form stating his or her full name, social security number (optional), residence, age, whether applicant has ever been convicted of a felony, whether the person is addicted to the use of alcohol or any controlled substance, whether the person has any history of mental illness, and whether the person has ever been convicted of a misdemeanor involving acts of violence.
(h)The identification card shall be valid for three years from the date of issuance.
(i)The identification card may be renewed every three years provided that:
(1)The applicant pays a reasonable recertification fee, as set by the city council.
(2)The applicant has not violated, or is currently charged with violating, any applicable provision of this Code, state law or city ordinance, rule or regulation during the past three years.
(j)The identification card may be revoked by the city for the violation of any applicable provision of this Code, state law or city ordinance, rule or regulation, or if the identification card was issued to an unqualified applicant.
(k)Waivers may granted to those who can provide evidence of satisfactory completion of either a United States armed forces or a nationally recognized handgun firearms training program.
(Ord. No. 33113, § 8, 11-23-93; Ord. No. 34229, § 2, 6-17-97)
Husker_Fan:
Someone should ask the mayor. She has a CHP.
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