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Open Carry in Omaha with CHP regarding registration

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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:

--- Quote from: DanClrk51 on July 26, 2011, 03:50:44 AM ---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?

--- End quote ---

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)?

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