General Categories > Carry Issues
Proposed Changes to the Rules and Regulations for Concealed carry
Dan W:
On Jun 24, 2010, the Nebraska State Patrol submitted proposed changes in Title 272, Nebraska Administrative Code, Chapter 21, to the Nebraska Sec. of State for comment.
The proposal can be reviewed at:
http://www.sos.ne.gov/rules-and-regs/regtrack/details.cgi?proposal_id=0000000000000871
Proposed regulations file download http://www.sos.ne.gov/rules-and-regs/regtrack/proposals/0000000000000871.docx
FarmerRick:
It's about time they updated things. ::)
Wymore Wrangler:
I can't open it, I have to download a hour and a half update to read it, so what does it say...
OnTheFly:
For the dial-up crowd...
--- Quote ---Title 272 ? NEBRASKA STATE PATROL
Chapter 21 ? Concealed Handgun Permits
001 SCOPE AND PURPOSE
001.01 These regulations are to implement the Concealed Handgun Permit Act pursuant to Nebraska Revised Statutes ?? 69-2432 and 69-2446 and are amended to incorporate subsequent changed made by LB 97 and LB 463 passed by the 100th Legislature, First Session, (also identified as Sections 6 and 20 of LB 45430 passed by the 99th 101st Legislature, Second First Session and approved by the Governor of the State of Nebraska on April 5, 2006) and LB 817 passed by the 101th Legislature, Second Session. The general purpose of this act is to authorize citizens of this state to obtain permits to carry concealed handguns after meeting the requirements for record checks and completion of approved training courses. These regulations are necessary to provide detail on the application process and the training requirements and to provide for the payment of applicable fees.
002 DEFINITIONS
002.01 ?Act? shall mean the Nebraska Concealed Handgun Permit Act found in Nebraska Revised Statutes ?? 69-2427 through 69-24478 which has an operative date of January 1, 2007.
002.02 ?Calendar days? shall mean the total number of days counted from a calendar and shall include weekends and holidays.
002.03 ?Concealed handgun? shall mean totally hidden from view with no portion of the handgun visible.
002.04 ?Contact with emergency services personnel? shall mean that the permit holder is provided treatment by emergency services personnel in the course of their official duties.
002.05 ?Contact with a peace officer? shall mean that the permit holder has been stopped, detained, questioned or addressed by a peace officer for an official purpose or in the course of his or her official duties.
002.06 ?Deadly weapon? shall mean any firearm, knife, bludgeon, or other device, instrument, material, or substance, whether animate or inanimate, which in the manner it is used or intended to be used is capable of producing death or serious bodily injury.
002.07 6?Emergency services personnel? shall mean a volunteer or paid firefighter or rescue squad member or a person certified licensed to provide emergency medical services pursuant to the Emergency Medical Services Practice Act (Nebraska Revised Statutes ?? 71-5172 38-1201 et seq.).
002.08 7?Handgun? shall mean any firearm with a barrel less than sixteen (16) inches in length or a firearm of any barrel length designed to be held and fired with one hand.
002.09 8 ?Nebraska State Patrol? shall mean the Nebraska State Patrol Concealed Handgun Permit Program when used in these regulations. The address for this program is P.O. Box 94907, Lincoln, Nebraska 69509. Any mail or documents sent to this address should be clearly marked for the Concealed Handgun Permit Program.
002.10 9 ?Permit? shall mean a license to carry a concealed handgun issued to an applicant meeting all of the requirements for a permit found in Section 005 of these regulations. The Permit is the property of the Nebraska State Patrol.
002.11 0 ?Property damage? shall mean a loss or harm to either real or personal property having some value to the owner. It shall not include minor incidental damage caused by a firearm discharge.
002.11 1?Readily discernible physical infirmity? shall mean a visible physical impairment which interferes with the safe handling of a handgun. A person with an apparent impairment must be given the opportunity to demonstrate competency with respect to safe handling during the training program and will not be disqualified if the apparent impairment does not result in unsafe handling of the firearm.
002.13 2?Peace officer? shall mean any town marshal, chief of police or local police officer, sheriff or deputy sheriff, the Superintendent of Law Enforcement and Public Safety, any officer of the Nebraska State Patrol, any member of the National Guard on active service by direction of the Governor during periods of emergency or civil disorder, any Game and Parks Commission conservation officer, and all other persons with similar authority to make arrests.
002.143?Posted conspicuous notice? shall mean a clearly visible sign posted at each public entrance to a place or premises open to the public which shall clearly state that concealed weapons handguns are not allowed in the place or on the premises. A recommended format for the sign can be found in Section 018.04 of these regulations.
002.15 4?Renewed permit? shall mean a five year extension of a permit issued to a holder of a permit who applies for the extension of the permit within the four (4) months preceding the expiration of the initial permit.
002.16 5 ?Resident? shall mean a person who has been a resident of this state for at least one hundred eighty days. This does not include an applicant who maintains a residence in another state and claims that residence for voting or tax purposes. A different rule applies to United States Armed Forces personnel stationed in Nebraska ? see Section 005.01F of these regulations;
002.16 ?United States Armed Forces member? shall mean personnel of the United States Army, United States Navy, United States Air Force, United States Marine Corps, United States Coast Guard, and members of the National Guard on active duty assignment with one of the active services. It shall not include members of inactive or reserve units.
002.17 ?Weapon? shall mean any revolver, pistol, bowie knife, dirk or knife with a dirk blade attachment, brass or iron knuckles, and all other deadly weapons.
002.02 18 ?Business Working days? shall mean days in which state offices are open for business and shall exclude weekends and holidays recognized by the State of Nebraska.
003 NON-RESIDENTS
003.01 Non-residents of the state of Nebraska are not eligible to hold or apply for a Nebraska concealed handgun permit.
004 RECIPROCITY WITH OTHER STATES
004.01 Permits issued by other jurisdictions will not be honored in the state of Nebraska. states or the District of Columbia to persons who are not residents of Nebraska will be recognized as valid in Nebraska if they on the list maintained and published by the Nebraska Attorney General as jurisdictions issuing permits using standards which are equal to or greater than those in effect in Nebraska.
004.02 Nebraska issued permits will not automatically be recognized in all states on the list of permits honored in Nebraska. A few states have indicated that they will unilaterally honor Nebraska permits and some have entered into reciprocity agreements with Nebraska. The Nebraska State Patrol will maintain a web-site list (http://www.statepatrol.nebraska.gov/) of states known to honor Nebraska issued permits.
005 PERMIT ELIGIBILITY
005.01 An applicant must meet and maintain the following requirements:
005.01A Be at least twenty-one (21) years of age;
005.01B Not be prohibited from purchasing or possessing a handgun by 18 U.S.C. 922 as that section existed on January 1, 2005. Verification of this requirement requires clearance from the National Instant Criminal Background Check System (NICS) maintained by the Federal Bureau of Investigation. A summary of the relevant provisions of Section 922 of Title 18 of the United States Code can be reviewed on the State Patrol web-site at http://www.statepatrol.nebraska.gov/.;
005.01C Possess the eyesight necessary for a Class ?O? operator?s license;
005.01D Not have plead guilty or nolo contendere or been convicted of a felony or crime of violence in any jurisdiction;
005.01E Not have plead guilty or nolo contendere or been convicted of a misdemeanor crime of violence in any jurisdiction. This disqualification is limited to those misdemeanor crimes of violence where the plea or finding of guilty occurred within the ten (10) years immediately preceding the date of application.
005.01E F Not currently be adjudged mentally incompetent or have been found to be mentally ill and dangerous in the past ten (10) years. Emergency protective custody (EPC) does not disqualify an applicant unless it is followed by formal proceedings or treatment. This prohibitor does not include a person in a mental institution for observation or evaluation such as emergency protective custody (EPC) nor a voluntary admission to a mental institution. (There are no time restrictions on the disqualification for this item under federal law 18 U.S.C. 922);
005.01F G Current resident of the state of Nebraska having been a resident for at least the past one hundred eighty (180) days or a member of the United States Armed Forces stationed at a military installation in Nebraska pursuant to permanent duty station orders. Members of the United States Armed Forces so assigned may meet this requirement without waiting the one hundred eighty (180) days and are not excluded even if they maintain a residence in another state and claim that state for voting or tax purposes;
005.01G H Have had no violations of any law of this state relating to firearms, unlawful use of a weapon, or controlled substances or of any similar law of another jurisdiction in the ten (10) years preceding the date of application;
005.01H I Not currently be on parole, probation, house arrest, or work release for any type of offense of any degree. This disqualification does not include pre-trial diversion unless it is from a jurisdiction which requires the offender to enter a guilty plea before diversion;
005.01I J Be a citizen of the United States; and
005.01J K Provide proof of training.
006 APPLICATION PROCESS
006.01 Any person wishing to apply for a permit to carry a concealed handgun shall apply to the Nebraska State Patrol at the Criminal Identification Division (CID) office in Lincoln or at any Troop Area Headquarters outside of Lincoln. If other locations become available, locations will be posted on the Nebraska State Patrol web-site at http://www.nsp.state.ne.us http://www.statepatrol.nebraska.gov/. The address for each office is as follows:
Criminal Identification Office - 233 S. 10th 3800 N.W. 12th St. ? Suite A - Lincoln
Troop A Headquarters - 4411 S. 108th St. - Omaha
Troop B Headquarters - 1401 Eisenhower Avenue - Norfolk
Troop C Headquarters ? 3431 Old Potash Highway ? Grand Island
Troop D Headquarters ? 300 W. South River Road ? North Platte
Troop E Headquarters ? 4500 Avenue I - Scottsbluff
006.02 Applications forms will be available at each Troop Area Headquarters and on the Nebraska State Patrol web-site at http://www.nsp.state.ne.us http://www.statepatrol.nebraska.gov/. Application forms can also be mailed from the Criminal Identification Office upon request. Applicants are advised to obtain the application form in advance if possible because the form must be notarized, and notaries will not always be available at Troop Area Headquarters.
006.03 Applicant must present a completed application form in person at the Nebraska State Patrol office designated for taking permit applications. Applicant must submit the following at time of application:
006.03A the application form;
006.03B proof of training;
006.03C proof of vision;
006.03D proof of identification;
006.03E proof of citizenship;
006.03F proof of address;
006.03G a signature; and
006.03H the applicable fee.
006.04 At the time of application, applicant must submit to:
006.04A a fingerprint scan or two sets of legible fingerprints; and
006.04B a photograph.
006.05 Completed applications will be transmitted to the Nebraska State Patrol Criminal Identification Division in Lincoln for processing and permit issuance.
--- End quote ---
OnTheFly:
Continued...
--- Quote ---007 APPLICATION FORM
007.01 The application form will be designed by the Nebraska State Patrol and will include the following concerning the applicant:
007.01A full name and any previous name(s) used by applicant;
007.01B complete address;
007.01C date of birth;
007.01D social security number ? See section 007.04 below as this number will be solicited only on a voluntary basis;
007.01E motor vehicle operator?s license number, state identification card number, or military identification, if applicable;
007.01F proof of training;
007.01G proof of vision;
007.01H notarized affirmation that applicant meets all requirements for a permit and has provided accurate information on the application; and
007.01I signature of applicant.
007.02 The form will include a list of all of the factors which may disqualify an applicant under either federal or state statutes and will require a disclosure of information about each of these factors.
007.03 An application form which is not complete or legible will not be processed. A notice of deficiency will be mailed to the applicant who will have twenty (20) five (5) calendar days to submit information or documents to correct the deficiency. If the deficiency is not corrected within this time period, the application will be returned to the applicant who will then have to reinitiate the application process if he or she wishes to obtain a permit.
007.04 The Nebraska State Patrol may not require disclosure of an individual?s social security number for purposes of the concealed handgun permit pursuant to the federal Privacy Act of 1974. The application form will request voluntary disclosure of the social security number from applicants for the sole purpose of processing criminal history background checks. This number is currently used in the system to assist in proper identification when there are other individuals with the same name. A permit will not be denied solely because an individual declines to disclose his or her social security number. Applications not containing a social security number may take significantly longer to process because other means may be required to ensure proper record identification.
008 REQUIRED DOCUMENTATION
008.01 Identification ? The applicant will be required to provide identification at the time of application consisting of a current Nebraska motor vehicle operator?s license, a Nebraska identification card issued by the Nebraska Department of Motor Vehicles, or a current military identification card.
008.02 Vision ? The applicant may show compliance with the vision requirements by presenting a current Nebraska motor vehicle operator?s license or a current statement by a Nebraska licensed ophthalmologist or optometrist certifying that the applicant has been tested and meets the vision requirements prescribed for a Class ?O? operator?s license ( Nebraska Revised Statutes ? 60-4,118).
008.03 Citizenship ? Applicants are required to be citizens of the United States. Proof of citizenship can be a birth certificate showing birth in the United States, a copy of naturalization papers, a Certificate of Citizenship issued by the United States Immigration authorities, or a current or expired United States passport.
008.04 Photograph ? A color photograph required for the permit will be taken by the Nebraska State Patrol. The photograph shall display the full, front head and facial features of the applicant who shall not wear sunglasses or attire that obscures a feature of applicant?s face.
008.05 Fingerprints ? Fingerprints of the applicant will be obtained at the time of application by utilizing the livescan equipment of the Nebraska State Patrol?s Automated Fingerprint Identification System (AFIS) if that equipment is available at the application site. If this equipment is not available, the applicant shall be fingerprinted on two legible fingerprint cards.
008.06 Training ? The applicant may show compliance with the training requirement by providing either the original or a certified copy of a certificate of completion of a Handgun Training and Safety Course approved by the Nebraska State Patrol or a qualifying military training course. Requirements for the training and safety course are found in Section 022 of these regulations. Members of the active or reserve armed forces or members of the National Guard may meet this requirement with documentation that they have completed handgun training within the previous three (3) years. An applicant for a permit who is certified as an instructor for the Handgun Training and Safety Course and who has actually taught the course may sign his or her own certificate of completion of training without attending a class taught by another instructor.
008.07 Military Orders ? Members of the United States Armed Forces who need to establish residency as specified in Section 005.01F of these regulations must provide a copy of their permanent duty station orders.
009 PERMIT ISSUANCE PROCESS
009.01 If the application for a permit to carry a concealed handgun is complete and all accompanying documentation is submitted, a permit will be issued to the applicant by the Nebraska State Patrol within five (5) business days after the completion of the criminal history record check, forty-five (45) calendar days so long as the record check reveals no disqualifying information and applicant meets all of the requirements of the Act and these regulations. If the record check can not be completed within the forty-five (45) calendar day limitation, a permit will be issued but is subject to cancellation if information is received that disqualifies the applicant.
009.02 If applicant does not meet the qualifications, the applicant will be notified by mail by the Nebraska State Patrol indicating the reason for denying issuance of the permit.
010 FEES FOR PERMITS
010.01 The fees for permit issuance are as follows:
Permit - $100
Permit renewal - $50
010.02 The fee shall be paid with the application and shall be paid in cash or check made payable to the Nebraska State Patrol. When it becomes feasible, payment may also be made with debit or credit cards approved by the Nebraska State Patrol.
010.03 If a permit is not issued to the applicant, the permit application fee will be refunded to the applicant less the current charge for the required state and federal criminal history record check.
010.04 Any fees charged by a person or entity conducting instruction in the required Handgun Training and Safety Course shall be the responsibility of the applicant and are not included in the fees listed above.
011 RENEWAL OF PERMITS
011.01 Permit holders may renew a permit to carry a concealed handgun within the four (4) months prior to expiration of the initial permit at any Nebraska State Patrol Troop Headquarters or office provided by the patrol for purposes of accepting such applications.
011.02 An application for renewal must be completed by permit holder affirming that the permit holder still meets all current requirements for obtaining a permit. The application must be accompanied with the appropriate fee. All applications for renewal will be cleared through the National Instant Criminal Background Check System (NICS) to assure continuing compliance with statutory requirements. The permit will be renewed and reissued within five (5) business working days of receipt of the application valid for a five year period from the date of expiration of the initial permit.
011.03 A current photograph will be required with the renewal application.
011.04 A permit holder letting an initial permit expire without applying for a renewal will be required to apply for another initial permit and meet all of the requirements for an initial permit.
012 REVOCATION OF PERMITS
012.01 Any peace officer having probable cause to believe that a permit holder is no longer in compliance with any of the requirements for a permit found in Section 005 of these regulations shall bring an application for revocation of the permit to the County Attorney in the county in which the permit holder resides.
012.02 This action is to be prosecuted as a civil case by either the County Attorney or by the Attorney General in the event the County Attorney refuses or is unable to pursue the prosecution. Persons prosecuted under this provision are subject to revocation of their permit, an administrative fine of up to one thousand dollars ($1,000) and the costs of prosecution.
013 RIGHTS OF PERSONS DENIED PERMITS
013.01 Within ten (10) working days of receipt of the letter of denial, persons denied a permit by the Nebraska State Patrol may file a request for an administrative due process hearing to review the decision to deny the permit. A request shall be considered timely filed if placed in the United States mail with sufficient postage, properly addressed to the Nebraska State Patrol, Concealed Handgun Permit Program, P.O. Box 94907, Lincoln, Nebraska 68509 within fourteen (14) working days of the mailing of the letter of denial to the applicant by the Nebraska State Patrol.
013.02 If a hearing is requested, it shall be held pursuant to the Nebraska Administrative Procedures Act and the Nebraska State Patrol Rules and Regulations pertaining to administrative hearings (Title 272 - Chapter 1). The petitioner (applicant) must specify through pleadings or at a prehearing conference what aspect of the decision is being challenged.
013.03 The scope of the hearing shall include a review of the accuracy of the information used in making the decision to deny a permit.
013.04 The State Patrol has the burden of going forward with evidence to show why the permit application was denied.
013.05 A decision shall be made by the Superintendent within fifteen (15) working days of the hearing.
013.06 Appeals from the Superintendent?s decision shall be filed in the District Court of either the county in which the applicant resides or the county in which the applicant applied for a permit in accordance with the procedures set forth in the Nebraska Administrative Procedures Act.
013.07 No hearing will be afforded those failing to successfully complete an approved training program. Any disagreement with the training program should be addressed with the director of the training program. If there is reason to believe that the training program is not following the training guidelines or is misapplying the law, such allegations should be brought to the attention of the Superintendent of the Nebraska State Patrol.
013.08 Any person initially denied a permit because of failure to submit proper documentation may contact the Identification Division of the Nebraska State Patrol to determine whether the deficiencies can be successfully eliminated prior to requesting an administrative hearing.
013.09 Any person denied a permit based upon criminal history information which they believe to be erroneous should contact the Identification Division of the Nebraska State Patrol to challenge the accuracy of the criminal history information as authorized by Nebraska Revised Statutes ? 29-3525 if it is a Nebraska record and the Federal Bureau of Investigation if the criminal history information is from another state.
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