General Categories > Carry Issues
Open Carry in Vehicle in Nebraska?
SemperFiGuy:
--- Quote ---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.
--- End quote ---
Yup. Those are the Basic Facts, summed up at the end with Wise Counsel.
I taught both Open Carry and Concealed Handgun Permit at the Nebraska Safety Council for some years. There was never a hint given in our classes that the NE CHP would also serve as the Open Carry permit. Even with the Marty Conboy memo. Prosecutors come and go. Mr. Conboy is gone. His memo is no longer operative. But Omaha MuniCode 20-207 is still on the books.
sfg
JTH:
--- Quote from: SemperFiGuy on August 28, 2015, 04:15:03 PM --- But Omaha MuniCode 20-207 is still on the books.
--- End quote ---
True. And the OPD website says the CHP won't count.
On the other hand, it wouldn't be the first time a police department's website was wrong.
20-206, as others have noted above, says in part a)
"As provided in section 20-192, the carrying of a concealed weapon is expressly forbidden."
20-192 is solely about carrying a concealed weapon.
Section 20-206, part b) then says (emphasis mine):
"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:"
Concealed weapons were covered in part a), which referenced 20-192.
Therefore, b) is about all other cases, and specifically uses "concealable" instead of "concealed"--which obviously includes open carry.
Under part b), we of course have all the cases where said carry is legal. Among which is the Open Carry Permit in section 9 of part b. With no change in wording, type, or section, part 10 immediately underneath part 9 says:
"Persons possessing a valid permit to carry a concealed firearm under Nebraska Law."
Concealed firearms had been covered in part a. Part b specifically says "all other cases" which specifically referenced Open Carry via section 9 of part b.
In my opinion (not a lawyer) there is should be no doubt that the Nebraska CHP is therefore sufficient for carry in "all other cases" in Omaha, using their own wording.
It does not surprise me that OPD does not say this. It would not surprise me if someone was cited for open carrying with a CHP. It would shock me if this made it to court.
"...all other cases..."
Husker_Fan:
I believe the OPD website statement predates preemtion for CHP holders. Conboy's memo was based on that change to the law.
CHP preemption applies to concealable guns. That's why you don't have to register with the city anymore.
Sent from my iPhone using Tapatalk
JTH:
--- Quote from: Husker_Fan on August 28, 2015, 08:45:17 PM ---CHP preemption applies to concealable guns. That's why you don't have to register with the city anymore.
--- End quote ---
Actually, the problem we have is that while an earlier version of 18-1703 used the word "concealable" the actual statute says "concealed."
Thus the issue for "concealable" weapons that are not "concealed."
The reason registration in Omaha got dumped for CHP holders is that the OPD couldn't prove that the handgun you are buying won't be used for concealed carry. Their current weaseling is trying to say that a CHP only gives pre-emption for concealed weapons, not all pistols.
Unfortunately for them, the Omaha ordinance is written differently.
m morton:
an update to this post open carry is now legal in Omaha IF you have a ccw / chp you may open carry any place in Nebraska now with a ccw. as the ccw class and the Omaha open carry classes ccw class must of been deemed equal or better then what was needed. so the OPD site was updated.
in this ccw permit holder opinion: it is better to CCW then to show off a weapon "open carry" , it makes others fear you or wonder if your the next person that going to shoot up the place, or have some one start a confrontation , open carry all so make your self the first target of a criminal or crazy person... so i will ccw but it is nice to know that if my shirt rides up , or i reach above my head and my gun plays peek-a-boo i can no longer be ticketed etc...
http://opd.ci.omaha.ne.us/services/citizen-services/handgun-registration#ccwopencarry
now reads : change made shown in underline and now states DOES allow
12. Can a Nebraska CCW Permit holder open carry in the City of Omaha?
Omaha Municipal Code 20-206 prohibits people from carrying concealable firearms (handguns) in the open within the City of Omaha limits with some exceptions. One exception is obtaining the "open carry permit." This can be obtained through the National Safety Council, Nebraska. Access the following link to obtain more information about getting an "open carry permit" for the City of Omaha:
National Safety Council, Nebraska Open Carry Class
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 allow a person to carry a concealable firearm IN THE OPEN, per Omaha Municipal Code 20-206, subsection B (10).
****
more info on:http://www.sos.ne.gov/rules-and-regs/regsearch/Rules/State_Patrol/Title-272/Chapter-21.pdf
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https://www.municode.com/library/ne/omaha/codes/code_of_ordinances?nodeId=PTIIMUCO_CH20OF_ARTVIIWE_DIV1GE_S20-206CAWE
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