Author Topic: LB430 UPDATE 5/13/09: LB430 Passes 45-3; thank the Senators (Read 26083 times)

Josh1776 · « **Reply #240 on:** May 14, 2009, 09:51:49 PM »

I feel safer already knowing that my fellow law abiding citizens will be free to CCW anywhere in the state in 3 months.

OnTheFly · « **Reply #241 on:** May 14, 2009, 10:41:22 PM »

I'm sure this has already been asked, but is there a chance that Gov. Heineman won't sign LB430? Isn't that the last step required to make it a law?

Fly

Josh1776 · « **Reply #242 on:** May 14, 2009, 10:44:06 PM »

Quote from: OnTheFly on May 14, 2009, 10:41:22 PM

I'm sure this has already been asked, but is there a chance that Gov. Heineman won't sign LB430? Isn't that the last step required to make it a law?

Good point!...Maybe it's too early for celebrating...Maybe we should all write Governor Heinman and urge him to sign the bill.

Dan W · « **Reply #243 on:** May 14, 2009, 10:45:45 PM »

Don't Worry.

Dave is on board

Josh1776 · « **Reply #244 on:** May 14, 2009, 10:46:57 PM »

Quote from: Dan W on May 14, 2009, 10:45:45 PM

Don't Worry...Dave is on board

Good!...I was starting to fret!

OnTheFly · « **Reply #245 on:** May 14, 2009, 11:00:13 PM »

Quote

Don't Worry.

Dave is on board

That's what I was trying to figure out. I was not sure what Gov. Heineman's stance was on gun issues.

Fly

averagejoe · « **Reply #246 on:** May 19, 2009, 03:31:30 PM »

Signed today by the Governor!

OnTheFly · « **Reply #247 on:** May 19, 2009, 04:02:42 PM »

Awesome! Now we just need to wait three months before common sense becomes law.

Fly

greg58 · « **Reply #248 on:** May 19, 2009, 10:47:34 PM »

Maybe this question has been asked already, but how will this law affect the Omaha requirement to have guns registered in Omaha regardless of where you reside if you want to carry in Omaha?
Greg58

OnTheFly · « **Reply #249 on:** May 19, 2009, 11:07:00 PM »

Maybe someone else will have a differing opinion here, but my opinion is that Omaha's law will not stand. The purpose of the bill is for a CHP holder to travel anywhere in the state and abide by only those limits as set by the original concealed carry state law. Thus removing any city/town specific limitations...and Omaha's gun registration definitely would be over and above the state limits.

Fly

greg58 · « **Reply #250 on:** May 19, 2009, 11:13:17 PM »

Thanks that is what I was hoping. I live in Western Douglas Co. and don't particularly want to let Omaha know what I own, or give them any of my money.
Greg58

Randy · « **Reply #251 on:** May 19, 2009, 11:29:14 PM »

LB430 Sec. 5. Cities and villages shall not have the power to regulate the ownership, possession, or transportation of a concealed handgun, as such ownership, possession, or transportation is authorized under the Concealed Handgun Permit Act, except as expressly provided by state law.
Any existing city or village ordinance, permit, or regulation regulating the ownership, possession, or transportation of a concealed handgun, as such ownership, possession, or transportation is authorized under the act, is declared to be null and void as against any permit holder possessing a valid permit under the act.

Reminder that this law makes changes to the Concealed Handgun Permit Act only and does not affect current NE firearm laws in any other way.
Only Concealed Handgun Permit holders when the Bill LB430 goes into affect
September 5th, 2009.
Omaha's requirement for any handgun purchased in Omaha must be registered with OPD will still stand as law.
I would really like to be wrong on this but Omaha and Lincoln just let this go through to easily after it was amended.

Individuals not living in Omaha or purchasing a handgun in Omaha are not required to register the handgun for concealed carry permit purposes formally required for Non-Omaha permit holders. Non resident handgun purchased in Omaha guess what must register with OPD.

LB430 Final Reading Copy Link
http://uniweb.legislature.ne.gov/bills/view_bill.php?DocumentID=6960

ranger04 · « **Reply #252 on:** May 20, 2009, 03:13:09 AM »

Here's a question.. The law mentions "loaded firearms" what is the legislative definition of loaded? A round in the chamber, a magazine with rounds in it placed into the grip of a pistol or rounds in the cylinder of a revolver?

OnTheFly · « **Reply #253 on:** May 20, 2009, 08:19:42 AM »

Quote from: greg58

Thanks that is what I was hoping. I live in Western Douglas Co. and don't particularly want to let Omaha know what I own, or give them any of my money.

AMEN BROTHA!

Quote from: Randy

Omaha's requirement for any handgun purchased in Omaha must be registered with OPD will still stand as law.

Good point Randy. That is definitely a point I should have included.

Quote

Here's a question.. The law mentions "loaded firearms" what is the legislative definition of loaded? A round in the chamber, a magazine with rounds in it placed into the grip of a pistol or rounds in the cylinder of a revolver?

I can't site any documentation, but I think you will find the generally accepted interpretation of "loaded" to include rounds in a magazine even if it is not inserted in the pistol. I have no doubt that rounds in the cylinder of a revolver would be considered loaded.

Fly

Rich B · « **Reply #254 on:** May 20, 2009, 08:23:16 AM »

"Victory is mine!"

A hearty thank you to all NFOA members who helped get this through!

Jesse T · « **Reply #255 on:** May 20, 2009, 09:06:01 AM »

What about the lincoln parks ban? Can CCW'ers carry in parks now thanks to LB430?

"12.08.200 Weapons Prohibited in Parks.
(a) It shall be unlawful for any person to possess or discharge, or cause to be discharged,
within any park, any firearm, including, but not limited to, any pistol, revolver, shotgun, or rifle."

OnTheFly · « **Reply #256 on:** May 20, 2009, 10:36:32 AM »

Quote from: Jesse T

What about the lincoln parks ban? Can CCW'ers carry in parks now thanks to LB430?

"12.08.200 Weapons Prohibited in Parks.
(a) It shall be unlawful for any person to possess or discharge, or cause to be discharged,
within any park, any firearm, including, but not limited to, any pistol, revolver, shotgun, or rifle."

Again, that is a city ordinance...not state. LB430 overrides it.

Fly

Aldo · « **Reply #257 on:** May 20, 2009, 10:53:50 PM »

Yes, Jesse T, my understanding (which isn't saying much since I am not an attorney) from listening to the floor debates and from my reading of LB 430, Lincoln's park stuff is superseded by LB 430.

During one of the debates, the issue came up, and a pro-LB 430 Senator said that a CHP could carry in the Lincoln parks, and that if an officer came up suspecting of a person carrying (??seeing a "print"

), all the CHP holder has to do is to show his/her CHP, and all would be well.

Randy · « **Reply #258 on:** May 26, 2009, 06:13:01 PM »

OK I am confused here is it so that 90 days after governor signed vs 3 months after close of Unicameral Session if unsigned but not vetoed. If so we need to update the front page date.

Article below from Columbus Telegam:
"The City of Columbus has 90 days from the day the governor signed the bill to come into compliance with the new legislation, which would place the deadline Aug. 17."

Reply to my email question about date below.
"During composition of the article I confirmed with the governor's office that the legislation would go into effect 90 days after Gov. Heinemann signed the bill. Had he not signed nor vetoed the bill the legislation would have gone into effect three calendar months after the final day the Unicameral was in session.

If you have any other inquiries do not hesitate to contact me."

Adrian Sanchez
Telegram Staff Writer
(402) 563-7534
asanchez@columbustelegram.com

AFVet1982 · « **Reply #259 on:** June 07, 2009, 11:25:07 AM »

Just joined (thanks to a referral on another message board) and I'll toss out my first post in the form of a question: I saw that the Omaha city requirement to register was not eliminated from the final version submitted and signed by the governor. I have a Taurus Judge that I got from a store inside the city limits, so of course I had to go through the hoops of registering it. I also have a Walther PP, which I purchased in Germany over 20 years ago and is probably going to be my primary carry weapon ("His Honor" will be the home defense pistol). My question is whether or not I would be in violation of the city statute if I carried my Walther in Omaha and had to ID myself to a LEO?

I realize that this might sound like an obvious one to some folks, but sometimes things are decided around very fine points of a law.

Also, has anybody seen any indication or discussion of what the criteria are or will be for reciprocity? I believe the AG is supposed to make the list of states that Nebraska will recognize & reciprocate with, but I haven't seen anything on that subject with any potential or likely states named.

Any insight on this is appreciated. Thanks!!!