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Nebraska CHP questions...

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just_me_mongo:
Ok,  the NE Statute 18-1703 seems to read a bit odd.  The first section says cities and villages shall not, but then the next clause says its authorized.

"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."

I am still a bit confused... Can anyone clarify how this works in respect to the Lincoln Ordinances?

Thanks!

just_me_mongo:

--- Quote from: Dan W on April 22, 2012, 08:32:21 AM ---Lincoln also has several restrictions on possession of a handgun that are void if you have a CHP.   http://www.lincoln.ne.gov/city/attorn/lmc/ti09/ch936.pdf  ( see 936.100)


Cities can still post parks as no carry areas under state law, but conspicuous notice at every public entrance is required to meet the legal definition of a posted place or premises.

--- End quote ---

Dan, thank you for clearing that up.  I see that Lincoln restrictions on ownership are void if one has a NE C.H.P.

Thanks!

Dan W:

--- Quote from: just_me_mongo on April 22, 2012, 11:28:51 AM ---Dan, thank you for clearing that up.  I see that Lincoln restrictions on ownership are void if one has a NE C.H.P.

Thanks!

--- End quote ---

They can not be enforced against any valid CCW permit holder, and that includes non-residents visiting the city that hold a permit that Nebraska recognizes (on the list that the Attorney General deems acceptable)

OnTheFly:

--- Quote from: just_me_mongo on April 22, 2012, 11:24:06 AM ---Ok,  the NE Statute 18-1703 seems to read a bit odd.  The first section says cities and villages shall not, but then the next clause says its authorized.

"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."

I am still a bit confused... Can anyone clarify how this works in respect to the Lincoln Ordinances?

Thanks!

--- End quote ---

The second paragraph is saying that existing ordinance can stand for non-CHP holders, but will not limit the holder of a CHP.  For example, Omaha's handgun registration can still be enforced against all that do not have a CHP.

Fly

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