Out-of-state carry in Omaha

[smoore]

I am a resident of Carter Lake, IA, which is surrounded by Omaha on 3 sides.  I work in Council Bluffs, thus requiring me to travel through Omaha virtually every day.  I have a valid Iowa Nonprofessional Permit to Possess Weapons, issued to me by the Pottawattamie County Sheriff.  In Iowa, this permit allows the permit holder to carry weapons either openly or concealed - Iowa does not have a specific 'Concealed Carry Permit' or similar.  As long as I abide by the laws of Iowa regarding where I cannot carry, either concealed or open (casinos, schools, parks, etc) and where I can carry (everywhere else), I am legal.

The state of Nebraska, at Nebraska Administrative Code Title 272, Chapter 21, Section 004, Subsection 004.01, states that "Permits issued by other states...to persons who are not residents of Nebraska will be recognized as valid in Nebraska if they on (sic) 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."  In a letter from Nebraska Attorney General Jon Bruning to Colonel Bryan Tuma, Nebraska State Patrol, dated September 1, 2009, subject: Recognition of State Concealed Handgun Permits, Mr. Bruning states, "The following states have standards equal to or greater than the standards contained in Nebraska's statute but only to the extent the permit holder in that state is twenty-one (21) years of age or older:  California, Iowa,....Texas."  I am older than 21.

Thus, by my reading, Nebraska recognizes my Iowa Nonprofessional Permit to Carry Weapons as a valid equivalent to a Nebraska Concealed Handgun Permit and also, by extension, a valid permit to possess and/or open carry a handgun in Nebraska, including in the city of Omaha.   

I attempted to verify this understanding last week by asking the Omaha Police Department representative behind the window at the OPD substation at 103rd & Weisman Drive if I was correct in my understanding.  The answer I got was to the effect of, "We don't know, you need to ask the issuing office."  I then attempted to verify my understanding by emailing the Omaha City Legal Department with the same information.  I got an email response back from an assistant city attorney which basically said, "We don't provide legal information to private citizens."  She then referred me to the section of Nebraska state law concerning concealed handgun permits.  She also said, "The state/city does acknowledge reciprocity with Iowa, but I cannot guarantee that every Omaha police officer is aware of that or will have access to that information if you are stopped in Omaha."

What is the opinion of the forum on the question of my ability to carry a handgun during those times of the day when I may be passing through Omaha between my home in Carter Lake and my work in Council Bluffs or my daughter's school in west Omaha without interference from Omaha police, based on my Iowa Permit to Carry Weapons and Nebraska reciprocity with Iowa weapons permit holders?

I am new to the forum and am trying to get a feel for how assertive I can/should be in exercising my 2nd Amendment right to keep and bear arms.  Thanks in advance for any and all input.

Scott

[bullit]

 The simplest answer is you may legally pass through and/or carry about Omaha to your heart's delight as long as you have your permit upon your person.  Would recommend you carry concealed.  That being said, I can assure you one or more of our fellow forumites will post the actual statute(s).

[Chris Z]

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




http://nebraskalegislature.gov/laws/statutes.php?statute=18-1703

18-1703. Ownership, possession, and transportation of concealed handguns; power of cities and villages; existing ordinance, permit, or regulation; null and void.

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, and shall not have the power to require registration of a concealed handgun owned, possessed, or transported by a permitholder under the act. 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, except as expressly provided under state law, and any existing city or village ordinance, permit, or regulation requiring the registration of a concealed handgun owned, possessed, or transported by a permitholder under the act, is declared to be null and void as against any permitholder possessing a valid permit under the act.
Source

    Laws 2009, LB430, § 5;
    Laws 2010, LB817, § 2.


Cross References

    Concealed Handgun Permit Act, see section 69-2427.

[Chris Z]

I'm NO ATTORNEY........ But to me personally the above laws clearly spell out that out of state permits are valid here in Nebraska including the city of Omaha.

The anti-gun zealots of OPD and the Omaha city law office just can't bring themselves to admit it

[AAllen]

Chris is correct and the out of state permits was a major item that we fought over when the city made changes to their ordinance last November.  They know that you can carry under the law, you just need to follow Nebraska's laws on where and how.  Now does that mean that there is not an officer out there that would hassle you, no.  There are officers in OPD that would hassle anyone found with a firearm under any circumstance.

Just learn and follow Nebraska's CCW law and you should be fine.  I need to note I am not a lawyer, but this is based upon the understanding we reached with the city a couple of months ago.

[Supersparky]

I have a friend that is a South Dakota resident with a South Dakota CCW and a Utah CCW.  Is he good to carry in Nebraska on the Utah CCW, since Nebraska doesn't recognize the South Dakota permit?

[OnTheFly]

I have a friend that is a South Dakota resident with a South Dakota CCW and a Utah CCW.  Is he good to carry in Nebraska on the Utah CCW, since Nebraska doesn't recognize the South Dakota permit?

I'm not an attorney, but I did stay in a Holiday Inn last week.  From the quoted regulation that Chris Z provided above, I would say yes he could.  You can also look at this website...

http://www.handgunlaw.us/LicMaps/ccwmap.php

...and build a License Map for Utah.  If you look around, you will see that some states (possibly Colorado) require you to be resident of the issuing state before they will recognize your permit.  handgunlaw.us states...

Colorado (CO), Michigan (MI), South Carolina (SC), New Hampshire (NH), Florida (FL), and Maine (ME) only honor permits from residents of the issuing states.

Fly

[DaveB]

I'm not an attorney, but I did stay in a Holiday Inn last week.  From the quoted regulation that Chris Z provided above, I would say yes he could.  You can also look at this website...

http://www.handgunlaw.us/LicMaps/ccwmap.php

...and build a License Map for Utah.  If you look around, you will see that some states (possibly Colorado) require you to be resident of the issuing state before they will recognize your permit.  handgunlaw.us states...

Fly

Definitely not to argue, and I hope you are right, but is this possibly one of those curve balls where Nebraska honors the Utah permit, but you have to be a resident of Utah or a state that Nebraska honors? I know this is being picky, but I have seen it somewhere, possibly another state and not Nebraska like you posted.

[Supersparky]

I haven't seen anywhere where NE requires you to be a resident of the state.  I just told him to try and not get stopped in Omaha, just in case he runs into someone that doesn't understand the law.

[Dan W]

http://statepatrol.nebraska.gov/docs/CCWNebraskaReciprocity.pdf

Recognition of Concealed Handgun Permits

Permits Issued By Other States Which Are Recognized By Nebraska

On August 30, 2009, Nebraska began recognizing CCW permits issued by those states which the Nebraska Attorney General has determined have standards equal to or greater than Nebraska. This recognition extends ONLY to persons who are NOT residents of Nebraska. This change in the law allows non-resident permit holders from the approved states to carry handguns concealed in Nebraska the same as if they held a Nebraska permit. See our regulations on this web site for restrictions on places that a concealed weapon can be carried.

Approved states

The following states have standards equal to or greater than the standards contained in Nebraska’s statute:

Alaska, Arizona, Arkansas, Colorado, Connecticut, Florida, Hawaii, Idaho, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Missouri, Nevada, New Jersey, New Mexico, North Carolina, North Dakota (class one permit), Ohio, Oklahoma, Oregon, Rhode Island, South Carolina, Tennessee, Utah, Virginia, West Virginia, Wyoming and the District of Columbia.

The following states have standards equal to or greater than the standards contained in Nebraska’s statute but only to the extent the permit holder in that state is twenty-one (21) years of age or older:

California, Iowa, Maine, Montana, North Dakota (class 2 permit) and Texas.

The state of Vermont does allow the carrying of concealed firearms within its borders, but it does not require a permit to do so. As a result there is no permit to recognize.

Unapproved states

The following states will not be recognized at this time because the Attorney General has determined that they do not have standards that are equal to or greater than the standards contained in Nebraska’s statute:

Alabama, Delaware, Georgia, Indiana, Maryland, Massachusetts, Mississippi, New Hampshire, New York, Pennsylvania, South Dakota and Washington

[Dan W]

http://statepatrol.nebraska.gov/Concealed_FAQ.aspx

Will my permit issued by another state be honored in Nebraska?         

As of August 30, 2009, Nebraska will recognize CCW permits issued by those states on the below list which the Nebraska Attorney General has determined have standards equal to or greater than Nebraska.  This recognition extends ONLY to persons who are NOT residents of Nebraska.  This change in the law allows non-resident permit holders from the approved states to carry concealed in Nebraska the same as if they held a Nebraska permit.  The list made no distinction between resident and non-resident permits from the listed states.  No registration or issuance of a Nebraska permit is necessary.  The same limits and restrictions apply that currently apply to Nebraska permit holders.  You can review the regulations (which are in the process of being updated due to recent changes in the law) on the Nebraska State Patrol website.   A list of the states determined by the Nebraska Attorney General to have standards equal to or greater than the standards contained in Nebraska Statue is below.  These states CCW permits Will Be recognized by the State of Nebraska.

Alaska, Arizona, Colorado, Connecticut, Florida, Idaho, Hawaii, Kansas, Kentucky, Louisiana, Michigan, Minnesota, Missouri, Nevada, New Jersey, New Mexico, North Carolina, North Dakota (class one permit), Ohio, Oklahoma, Oregon, Rhode-Island, South Carolina, Tennessee, Utah, Virginia, Wyoming and the District of Columbia.

The following states have standards equal to or greater than the standards contained in Nebraska's statue, but only to the extent the permit holder in that state is twenty-one (21) years of age or older.

California, Iowa, Maine, Montana, North Dakota (class 2 permit) and Texas

The following states at this time DO NOT have standards that are equal or greater than the standards contained in Nebraska's statue and WILL NOT be recognized by Nebraska.

Alabama, Delaware, Georgia, Indiana, Maryland, Massachusetts, Mississippi, New Hampshire, New York, Pennsylvania, South Dakota and Washington.

[Dakafall]

I have a friend that is a South Dakota resident with a South Dakota CCW and a Utah CCW.  Is he good to carry in Nebraska on the Utah CCW, since Nebraska doesn't recognize the South Dakota permit?

That's actually the exact position I'm in, glad to know I'm covered