Open Carry in Omaha with CHP regarding registration

[DanClrk51]

Here's an interesting question i would like the answer to. If its ok according to the revised city ordinance and Marty Conboy's statements that open carry in Omaha is ok with a CHP, does the handgun have to be registered?

The state law only mentions "concealed handgun" in the text so i was wondering what happens when a permit holder is carrying a concealed handgun and it becomes unconcealed? Example: A.  OPD officer secures the handgun during a stop....it becomes unconcealed. B. Omaha resident and permitholder has guns inside his own home and they are not concealed. C. A permit holder as myself who is not a resident decides to open carry in Omaha whether for professional (security guard) reasons or plain clothers personal protection reasons.

At that point, when a handgun becomes visible, carried in the open, etc. does the handgun have to be registered even though you have a CHP?

Maybe some of you folks who have written Marty Conboy in the past could make another inquiry to him regarding the specifics of this complicated situation?

[JTH]

Here's an interesting question i would like the answer to. If its ok according to the revised city ordinance and Marty Conboy's statements that open carry in Omaha is ok with a CHP, does the handgun have to be registered?

The state law only mentions "concealed handgun" in the text so i was wondering what happens when a permit holder is carrying a concealed handgun and it becomes unconcealed? Example: A.  OPD officer secures the handgun during a stop....it becomes unconcealed. B. Omaha resident and permitholder has guns inside his own home and they are not concealed. C. A permit holder as myself who is not a resident decides to open carry in Omaha whether for professional (security guard) reasons or plain clothers personal protection reasons.

At that point, when a handgun becomes visible, carried in the open, etc. does the handgun have to be registered even though you have a CHP?

Maybe some of you folks who have written Marty Conboy in the past could make another inquiry to him regarding the specifics of this complicated situation?

It isn't quite that complicated, luckily.  The fact that you do not have it concealed at that time doesn't suddenly make it void of the protections of 18-1703.

OPD's own squad FAQs, from http://www.opd.ci.omaha.ne.us/firearm-squad/firearm-squad-faqs 

"I have a CCW permit. Do I have to register my concealable firearm with the Omaha Police Department?
Effective July 15, 2010, Nebraska state statute 18-1703 has voided the Omaha city ordinance 20-251, for persons who have obtained a permit to carry a concealed weapon, which means that valid CCW permit holders are no longer required to register concealable firearms with the city of Omaha."

Note that since a pistol is concealable, it would not be subject to registration just because it doesn't happen to be concealed at that time.  In a similar fashion, if you happen to be transporting it from one place to another via open carry, it similar would not be subject to registration just because it doesn't happen to be concealed at that time.

In addition, OPD has a Facebook page in which several people asked questions about what would they do if someone called 911 because a person was legally walking down the street open carrying.  You can read it here:  http://www.facebook.com/topic.php?uid=194674844095&topic=21506

...and you'll note how everyone (including OPD) accepted the idea that if you have a CCW permit, open carry was therefore legal in Omaha without their stupid open carry license. 

Now---that doesn't mean Conboy will take it that way.  But that is what OPD has said thus far.

[DanClrk51]

Thanks, that was quite informative.

Now the only question left would be if one is legally carrying openly in Omaha could OPD officers charge you with disorderly conduct or disturbing the peace if someone makes a "Man with gun" 911 call?

The way I read the Omaha ordinance in regards to disturbing the peace the simple act of openly carrying a gun and going about ones business would not constitute what is defined as disturbing the peace in the ordinance.

[bullit]

I appreciate your right to OC and support such.  However, why would you otherwise want to draw undue attention to yourself?  You've potentially made yourself a target to the Po' Po' for "disturbing the peace" (which is a simple phone call from some 'tard who sees you on the street and calls 911).  All it takes is that phone call for you to be likely cited.  You get to pay the lawyer to straighten out the mess.  I'd rather buy a Wilson 1911 to conceal with those funds.  Just as important, you've lost the element of surprise against the Bad guys. 
Something I learned in the Navy ......"no one knows who a SEAL is until their dead"..... in short, don't advertise yourself and stay on the down low brother.....

[Mudinyeri]

On the flip side of the coin, if someone wants to carry openly shouldn't that be their perogative (rather than yours, mine or the City of Omaha's)?

[DanClrk51]

Bullit,
I agree 100% with what Mudinyeri said, but to answer your question:

The point is to show the public that guns are not bad. My intention is to normalize guns in public society as they once were. Its about regaining lost ground, and affirming our rights so that through the exercise of such we do not lose these rights. Its about turning the tide back from where we were in the 90's when guns were heavily demonized.
And it would be nice to get Nebraska to be like South Dakota, Arizona, Alaska, Virginia, New Mexico, Nevada, Idaho, Montana, Wyoming, Kentucky & North Carolina where open carry is COMPLETELY legal and there is full state preemption and you don't need a permit to open carry either.

The other pluses to Open Carry are:
-Deterrence (strong visual deterrent)...granted not all criminals will be deterred by this if they are armed and stubborn
-Quick draw/easy access to gun
-It is currently summer and very hot and humid, carrying a gun concealed is not very comfortable right now and also exposes the gun to sweat and thus there is danger for rust to appear.

Now as far as the cops are concerned i don't think it would be legal for OPD to charge me with "Disturbing the peace" "Disorderly Conduct" for doing something that they even admit is completely legal. And on the facebook link mentioned above the OPD rep. stated that:

"We would send an officer to check if someone reports a man with a gun because there wouldn't be any way for anyone to tell if you had a ccw permit or not.
If you were legal we would send you on your way and hit back into service."

"If you are a law abiding citizen and follow officer's instructions and the officer doesn't have any other reason, such as information from 911 dispatch that you pointed your gun at another person then they will ask for your ccw information and you will be on your way. Officers have to justify their actions and have to have reasons to "put people on the ground." Any time they use force they have to complete reports that are reviewed by their command officers and receive discipline if they acted inappropriately."

OPD's answer seems to indicate that they will not charge you with anything if you have a valid CCW permit or Omaha Firearm ID Card (Open Carry permit).

As far as disordlery conduct is concerned: I just don't see this fitting into the defined category:

http://library.municode.com/index.aspx?clientID=10945&stateID=27&statename=Nebraska

According to Omaha Municipal Code Chapter 20 "Offenses" Article III "Offenses against the Public Peace" Sec. 20-42. - "Disorderly conduct" is defined as follows:

It shall be unlawful for any person purposely or knowingly to cause inconvenience, annoyance or alarm or create the risk thereof to any person by:
(a)Engaging in fighting, threatening or violent conduct; or
(b)Using abusive, threatening or other fighting language or gestures.

(Code 1980, § 20-42)
State law reference— Regulation of disorderly conduct, R.R.S. 1943, § 14-102(22).


So, if all the above is true then the only thing we have to be harassed with is the two cops that will show up to check on you if someone has a freakout about your gun. Which of course is a hassle and a harassment since it is a legal action to carry openly. Hence why we need to eventually push for full firearm preemption across the state so that Omaha can no longer require a permit to carry openly and that cops cannot stop you unless there is reasonable suspicion that a crime is taking place. 911 operators will need to ask detailed questions from the person who makes the "Man/Woman with gun" call and if the information is that the gun is holstered and the person is not threatening anyone, or taking the gun out of the holster and waving it around at people, then the cops should ignore it at that point.

Now you have most of my thoughts on this 

[bullit]

I have no argument with either of you.  I fully support your right to OC.  My point is my opinion.  I further agree with what I surmise is your feeling about Disturbing the Peace being a bogus charge.  True, but it will still potentially cost you big bucks and a lot of time to prove a point.  As a visual deterrance that can go both ways....may ask for trouble from a real bad guy who will ambush you first before robbing the Qwiky Mart....kind of like wearing Tacticool clothing.  May make you more of a target to bad guys in the know.  My last two cents....don't OC in Omaha if not willing to face such.  Again, personal perogative

[Mudinyeri]

....may ask for trouble from a real bad guy who will ambush you first before robbing the Qwiky Mart....

In 30+ years of paying attention to such stories, I can't recall a single one where a perp attempted to take a gun off the hip of a private citizen.  I'm not saying it hasn't happened but I'm certainly at a loss to find any sort of empirical evidence that it's a serious potentiality.

I'm not suggesting that it's an impossibility.  It COULD happen.  I just think the likelihood is far less than having your guns stolen out of your home, or out of your vehicle or ... you get my point.

Most criminals are looking to prey on the weaker members of society.  A handgun on your hip does not convey the message that you are one of society's weaker members, IMO.   

[bullit]

We're on the same page...unless it is the crazed terrorist Wulfgar from the movie "Nighthawks" 

[Mudinyeri]

We're on the same page...unless it is the crazed terrorist Wulfgar from the movie "Nighthawks" 

+10 for the Nighthawks reference.  LOL

[JTH]

Short form:  In Nebraska, open carrying is not grounds for any sort of citation for disturbing the peace or disorderly conduct. 

Longer form:  Your behavior WHILE open carrying and how that behavior is described to the police both may indeed be factors.  So--if you are walking down the street, minding your own business while OCing, and some idiot calls the cops with a "man with a gun!!" story, and they come down because they think you are brandishing and threatening, you need to make sure you are polite, calm, and reasonable. 

If you haven't done anything then you shouldn't have any troubles.  However, again, how easily/simply it goes will depend on the report the police got, the attitude of the police officers, and how you react especially if the officers ARE unreasonable.

Note:  in the case of a "man with a gun!!" call, if they are going to cite you, the caller will have to testify, otherwise they have no case.  (If you don't get to confront the person who accused you, that's the end of it.)

Some comments from our own gunscribe, awhile back:  http://forum.opencarry.org/forums/showthread.php?34994-Open-carry-Lincoln-Nebraska&p=602568&viewfull=1#post602568