General Categories > Carry Issues
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
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