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Author Topic: half way concealed?  (Read 3000 times)

Offline Kendahl

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Re: half way concealed?
« Reply #20 on: November 22, 2016, 05:18:00 PM »
Not into Lincoln and any other Nebraska municipal codes, so I dunno about those.
Municipal ordinances shouldn't matter since the state preempted local control over holders of Nebraska Concealed Handgun Permits and permits from other states that are honored by Nebraska. Yet another reason to get your CHP.

Offline SemperFiGuy

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Re: half way concealed?
« Reply #21 on: November 22, 2016, 05:33:18 PM »
Quote
Municipal ordinances shouldn't matter since the state preempted local control over holders of Nebraska Concealed Handgun Permits

Entirely true on concealed carry.

However, the tail end of my previous message slid into a discussion of Open Carry (exposed condition).   OC is a different kind of critter, subject to local (municode) control.


FWIW

sfg
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Offline Dan W

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Re: half way concealed?
« Reply #22 on: November 22, 2016, 08:04:22 PM »
Entirely true on concealed carry.

However, the tail end of my previous message slid into a discussion of Open Carry (exposed condition).   OC is a different kind of critter, subject to local (municode) control.


FWIW

sfg
 

If you hold a valid CHP, no City, town or any political subdivision has the power to regulate the ownership,possession, transportation or registration of your handgun to any degree beyond existing state law. Open carry is not regulated by state law, so "municode" does not apply to CHP holders regardless of open or concealed carry, but state law must be followed
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Offline SemperFiGuy

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Re: half way concealed?
« Reply #23 on: November 22, 2016, 08:25:12 PM »
Quote
If you hold a valid CHP, no City, town or any political subdivision has the power to regulate the ownership,possession, transportation or registration of your handgun to any degree beyond existing state law.

Open carry is not regulated by state law, so "municode" does not apply to CHP holders regardless of open or concealed carry, but state law must be followed


Once again, Yes.   Entirely true for concealed carry (Only.)   Here's the applicable 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 permit holder under the act, is declared to be null and void as against any permitholder possessing a valid permit under the act.
======================================

Open Carry is a different breed of cat and can be (and is) regulated by municipalities.   Including CHP holders
.
.

sfg

« Last Edit: November 22, 2016, 08:31:00 PM by SemperFiGuy »
Certified Instructor:  NE CHP & NRA-Rifle, Pistol, Shotgun, Personal Protection Inside/Outside Home, Home Firearm Safety, RTBAV, Metallic Cartridge & Shotshell Reloading.  NRA Chief RSO, IDPA Safety Officer, USPSA Range Officer.  NRA RangeTechTeamAdvisor.  NE Hunter Education (F&B).   Glock Armorer