Can a NE resident carry with a CCW license from another state?

[Wesley D]

I briefly touched on this in another thread with somebody, but I can't seem to find the post nor can I recall what the current law is with LB430 now being in effect. 

Here's the scenario:
Let's say a CO resident with CO CCW moves to NE.  He wants to obtain a NE CHL, so he needs: 1) to take a State Patrol-"approved" class, 2) to complete application, prints, etc., and 3) to be a resident of NE for at least 180 days.  So, to get rolling on the residency requirement, he plans to trade the CO driver's license for a NE driver's license to technically become a resident of NE.  (though I suppose the closing date on a property may also qualify as an establishment of residency?)

The Question:
Can a NE resident with NE driver's license use a CO CCW (reciprocity recognized by the NE Attorney General for CO residents) to carry concealed, or would this former CO resident have to spend his first 6 months in NE as a potential victim? 

[AAllen]

He would need to spend the first six months as a potential victim or carry open or carry under the affirmative defense.

[SemperFiGuy]

And here's even another approach for finding out:

Go ahead and carry concealed in Nebraska under the Colorado permit.

Get stopped, searched, and busted.

Post bond.  Pay Money.

Go to court w/good lawyer.   Pay legal fees.   More money.

See how the judge sorts it all out.

Hope there's no fine at the end of all this due process.   More and More Money.

It could be a costly process, just to find out.   Just to get an interpretation.

sfg

[OnTheFly]

What does CO law say about their permit?  Do you have to be a resident of their state?  With my UT permit, I could carry legally in Nebraska because NE recognizes it and does not have a requirement that I am a resident of the issuing state.  On the other hand, CO's CHP is probably void as soon as you are no longer a permit holder.  If that is the case, then yes, IMHO you will have to wait six months.

Fly

[FarmerRick]

Nebraska law does not allow a Nebraska resident to carry concealed under an out-of-state permit.

http://nebraskalegislature.gov/laws/statutes.php?statute=69-2448

69-2448. License or permit issued by other state or District of Columbia; how treated.
A valid license or permit to carry a concealed handgun issued by any other state or the District of Columbia shall be recognized as valid in this state under the Concealed Handgun Permit Act if (1) the holder of the license or permit is not a resident of Nebraska and (2) the Attorney General has determined that the standards for issuance of such license or permit by such state or the District of Columbia are equal to or greater than the standards imposed by the act. The Attorney General shall maintain and publish a list of such states and the District of Columbia which he or she has determined have standards equal to or greater than the standards imposed by the act.

Source

Laws 2009, LB430, ? 13.
Effective Date: August 30, 2009

[Wesley D]

Thank you Rick.  That's exactly the information I was looking for. 

So now I wonder what constitutes establishment of residency (official USPS address change date, property purchase date, issuance date of NE driver's license)? Secondly, I wonder how (or if) the NSP verifies term of residency?

[OnTheFly]

Nebraska law does not allow a Nebraska resident to carry concealed under an out-of-state permit.

http://nebraskalegislature.gov/laws/statutes.php?statute=69-2448

69-2448. License or permit issued by other state or District of Columbia; how treated.
A valid license or permit to carry a concealed handgun issued by any other state or the District of Columbia shall be recognized as valid in this state under the Concealed Handgun Permit Act if (1) the holder of the license or permit is not a resident of Nebraska and (2) the Attorney General has determined that the standards for issuance of such license or permit by such state or the District of Columbia are equal to or greater than the standards imposed by the act. The Attorney General shall maintain and publish a list of such states and the District of Columbia which he or she has determined have standards equal to or greater than the standards imposed by the act.

Source

Laws 2009, LB430, ? 13.
Effective Date: August 30, 2009

Ok...learned something new.  My only question is why?  The law doesn't require you to be a resident of the issuing state, just NOT a resident of Nebraska.  Does that seem odd to anyone else?

Fly

[justsomeguy]

It does seem a little odd. My guess is that it is designed so that NE residents' only option is to get a NE permit.

[Wesley D]

I have to agree with justsomeguy.  I can understand the rationale of if you're a citizen of NE and you're in the jurisdiction of NE, then you should need the NE CHP.  That being said, I still prefer VT's and AK's conceal carry laws... 

[FarmerRick]

I have to agree with justsomeguy.  I can understand the rationale of if you're a citizen of NE and you're in the jurisdiction of NE, then you should need the NE CHP.  That being said, I still prefer VT's and AK's conceal carry laws... 

Something for us all to work towards in the future...   

[RLMoeller]

Is the person moving from Colorado in the Military?  That changes things a bit too.  LB430 helped with the residency requirements for military members.

Like so many times with the wording of legislation, there is a scenario that was overlooked when this was written.  At the time it was written, they wanted to insure that only a Nebraska permit would be valid for Nebraska residents.  But it was new, we hadn't had a permit before, so they didn't consider new residents to the state that held a permit in the state of their prior residence.

I know it takes time to "establish residency", (though I don't know why it is 6 months).  And you have 30 days from when you move into the state to get a NE drivers license.  I don't believe the penalty for not updating your drivers license is much.  Don't get pulled over and no one will ever know.  There are other ways to show when you established residency beyond a drivers license.

ok, not advocating anyone break the law, but if someone were to evaluate options, some options have lesser risks and consequences than others.  Just some rambling thoughts.   We do need to make some changes with the law.

[Wesley D]

No, not military.  Though I do have a deed that shows mid-January.  Wonder if that will work, or if term of residency is even checked?

[kruegster]

If it was me, i'd hold off on getting a ne licence and keep the co licence as long as I could.
Nebraska probably took revenue into consideration when writing the law also. they know how to generate it.

JMO

Jason