Author Topic: Open Carry in Omaha Directly from Marty Conboy (Omaha City Prosecutor) (Read 12562 times)

DanClrk51 · « **Reply #20 on:** January 29, 2010, 04:41:20 AM »

Mizzly: I definitely agree with you. Open carry is a right. However Omaha requires people who want to carry openly to "show proof of training" and get their "open carry permit". I think this is unconstitutional. A right is not a priviledge and Omaha is treating it like a priviledge. What we really need to do is after we get "Castle Doctrine" passed this year we will need to make a new priority for next year. I think our priority next year is to fully legalize open carry. Right now Nebraska has no law banning it. But there is no state law stating that you can and won't get in trouble for it. If you were to carry openly in any city in Nebraska you may get charged with "Disturbing the peace" or "Disorderly Conduct" or "Unlawful Carrying of a Weapon". We need to pass an Arizona style law that will turn Nebraska into a "Gold Star" Open Carry state.

This means we need to pass a state law that:

Establishes that Open Carry is a RIGHT and
that no one can be punished for Open Carry in any way shape or form if he/she is legally allowed to own a firearm. This means that you cannot be charged with "Disorderly Conduct" or "Disturbing the Peace" or any other crime simply by going about ones business and carrying a firearm.

Cities, Towns, Villages, and Counties shall also not be permitted to regulate Open Carry in any way shape or form (requiring Open Carry permits or proof of training).

I know you will say: Well it is in our Nebraska Constitution to bear arms.

Yes that is true. But police and prosecutors don't care what the constitution says. They go by what the Nebraska Statutes and their City Codes read. So we need to enshrine open carry in state law to forever end this battle.

JimP · « **Reply #21 on:** January 31, 2010, 12:14:34 AM »

"So we need to enshrine open carry in state law to forever end this battle."

This was done in 1988, by Petition, with the Amendment of Art. I-1..... It took about a year for the Powers That Be (State Supreme Court MIB's and their ilk to limit what the people had explicitly said with a couple of court cases. It wasn't too terrible long after that that these same Powers started trying to limit the Petition Powers given to the people in exchange for going to the Unicameral 60 years ago ........

A lot of folks are thinking, "Why bother reinventing the wheel if some Kingmaker backing a group in the Legisature or some Judge is going to smash it all to hell, or tell you that "wheel" means something different than what you said it did when you made it?"

ke4yqd · « **Reply #22 on:** January 21, 2011, 12:13:53 PM »

I too emailed Mr. Marty... I got a more positive response from him. I have also spent time on opencarry.org, to help get the correct information on open carry in Omaha. Pay attention to lines 8-10. and it is section 20-207 that lays out how to get the training, provided by the national safety council.

------------------------------------------------------------------------------
Mr. Conboy,
I'll be to the point as I do not wish to waste your time. What are the requirements for open carry in Omaha? And do you have the references that I may use to provide information to others? I was unsuccessful in finding this information on the OPD website. So I inquired at the Omaha Police Department Headquarters, and before I could finish saying "references", I was referred to you.

Thank you very much for you time, and your work for the city of Omaha.

John Kendrick Meadows

--------------------------------------------------------------------------------
Subject: RE: Clarification on Omaha's firearm requirements
Date: Thu, 20 Jan 2011 16:34:35 -0600
From: Marty.Conboy@ci.omaha.ne.us

For those with the state CCW permit, there is no restriction. For others, it is necessary to obtain the city 'going armed' permit defined in Sec. 20-206 of the ordinances. You cannot carry concealed in Omaha without the state permit, so this apples to open carry.

-------------------------------------------------------------------------------

Sec. 20-206. Carrying weapons.
(a) As provided in section 20-192, the carrying of a concealed weapon is expressly forbidden.
(b) In all other cases, it shall be unlawful for a person to go armed with a loaded concealable firearm of any kind or to knowingly carry or transport a concealable firearm in a motor vehicle, provided, however, that this section shall not apply to the following persons:
(1) Persons lawfully entitled to possess a firearm while upon the premises where he or she regularly resides or is regularly employed.
(2) Peace officers.
(3) Members of the armed forces of the United States, the National Guard, or the Reserve Officer Training Corps when on duty or training.
(4) Persons who for any lawful purpose carry an unloaded concealable firearm inside a closed and fastened container or securely wrapped package which is too large to be concealed on the person.
(5) Persons who for any lawful purpose carry or transport an unloaded concealable firearm in a vehicle inside a closed and fastened container or securely wrapped package which is too large to be concealed on the person or inside a cargo or luggage compartment where the concealable firearm will not be readily accessible to any person riding in the vehicle or common carrier.
(6) Persons in or upon a shooting range or the regular business premises of a federally and city licensed firearms dealer.
(7) Persons engaged in a generally recognized course of instruction in the use of firearms, such as hunter safety instructions or instruction for the purpose of obtaining an identification card showing satisfactory completion of the firearm training program as set forth in section 20-207.
(8 ) Persons who have verified to the city that they are entitled to a waiver of the firearm training program as set forth in section 20-207(k).
(9) Persons who have obtained and display an identification card showing satisfactory completion of the firearm training program as set forth in section 20-207.
(10) Persons possessing a valid permit to carry a concealed firearm under Nebraska Law.
(Ord. No. 33113, ? 7, 11-23-93; Ord. No. 34229, ? 1, 6-17-97; Ord. No. 37432, ? 2, 7-18-06)

---------------------------------------------------------------------
Mr. Conboy,

I appreciate your response. And I am sorry for wasting your time like this. I found the information soon after sending the initial email.

Thank you again for the response, and your work for this city!

John Kendrick Meadows

--------------------------------------------------------------------
Subject: RE: Clarification on Omaha's firearm requirements
Date: Fri, 21 Jan 2011 08:16:35 -0600
From: Marty.Conboy@ci.omaha.ne.us

Glad to help. The city really needs to have a more clear listing of the regulations, as there are so many. I'm glad you took the time to sort through it.

JimP · « **Reply #23 on:** January 21, 2011, 08:56:43 PM »

Wasn't all firearms related stuff w/ regard to CHP holders pre-empted by the state last year? Last I heard, Omaha has nothing to say about firearms law when dealing w/ a CHP holder: We don't have to register the guns .... am I wrong?

Dan W · « **Reply #24 on:** January 21, 2011, 08:59:51 PM »

You are not wrong Jim.

Chris Z · « **Reply #25 on:** January 21, 2011, 09:12:56 PM »

Not "all firearms" only handguns are covered

FarmerRick · « **Reply #26 on:** January 21, 2011, 09:31:33 PM »

and, only as pertaining to concealed carry.

armed and humorous · « **Reply #27 on:** January 27, 2011, 09:45:50 AM »

Sorry to see the recall failed.

DanClrk51 · « **Reply #28 on:** February 01, 2011, 10:04:36 AM »

Quote from: FarmerRick on January 21, 2011, 09:31:33 PM

and, only as pertaining to concealed carry.

So does this mean that if you have the NE CCW but open carry it in Omaha it then needs to be registered because it is no longer concealed?

metaldoc · « **Reply #29 on:** February 01, 2011, 12:15:55 PM »

Quote from: Jay on February 25, 2009, 04:33:43 PM

It's not that gun registration keeps me from carrying in Omaha, it just keeps me from going there in the first place.

My feelings exactly... it just isn't worth the worry and hassle. I do feel for you guys in Omaha though.

Mudinyeri · « **Reply #30 on:** February 01, 2011, 12:29:54 PM »

A couple comments:

Mr. Conboy's "there is no retriction" comment seems to indicate that registration (for those who live outside the city limits) is not required to carry openly, only the state concealed carry permit. That seems contrary to a couple of the statements near the beginning of this thread.

I would say you could open carry in downtown Omaha, as long as you looked like a Fed, and no one would push the panic button. I've seen U.S. Marshals and other Feds in a number of downtown restaurants carrying openly - no widespread panic resulted. On the other hand, if you're carrying openly and you look like one of the people routinely seen hanging out in front of the downtown library, you're likely to end up on your face and wearing handcuffs.

Chris Z · « **Reply #31 on:** February 01, 2011, 01:24:56 PM »

Quote from: DanClrk51 on February 01, 2011, 10:04:36 AM

Quote from: FarmerRick on January 21, 2011, 09:31:33 PM
and, only as pertaining to concealed carry.

So does this mean that if you have the NE CCW but open carry it in Omaha it then needs to be registered because it is no longer concealed?

I don't think so, because the NE Concealed Handgun Permit Act does not say that you HAVE to keep it concealed at all times. :-)

DaveB · « **Reply #32 on:** February 01, 2011, 03:56:20 PM »

Chris, is that for sure? I have asked the SP and they either can't or won't give me an answer. Does that mean that if it prints or shows, it's not a crime?

Chris Z · « **Reply #33 on:** February 01, 2011, 04:46:55 PM »

Quote from: DaveB on February 01, 2011, 03:56:20 PM

Chris, is that for sure? I have asked the SP and they either can't or won't give me an answer. Does that mean that if it prints or shows, it's not a crime?

I wouldn't say anything dealing with law is "for sure".

Printing or accidently exposing are NOT A CRIME in Nebraska Statutes.

ComputerCowboy · « **Reply #34 on:** February 02, 2011, 12:00:40 PM »

It's like they want to confuse me. As you may know they took my ccw license and I'm trying to figure out how to open carry. Can a guy apply for an open carry licence?

Mudinyeri · « **Reply #35 on:** February 02, 2011, 01:20:03 PM »

Quote from: ComputerCowboy on February 02, 2011, 12:00:40 PM

It's like they want to confuse me. As you may know they took my ccw license and I'm trying to figure out how to open carry. Can a guy apply for an open carry licence?

If you don't have a concealed carry permit, it seems pretty clear to me:

(Quoted from an earlier post in this thread.)

Quote

--------------------------------------------------------------------------------
Subject: RE: Clarification on Omaha's firearm requirements
Date: Thu, 20 Jan 2011 16:34:35 -0600
From: Marty.Conboy@ci.omaha.ne.us

For those with the state CCW permit, there is no restriction. For others, it is necessary to obtain the city 'going armed' permit defined in Sec. 20-206 of the ordinances. You cannot carry concealed in Omaha without the state permit, so this apples to open carry.

-------------------------------------------------------------------------------

Sec. 20-206. Carrying weapons.
(a) As provided in section 20-192, the carrying of a concealed weapon is expressly forbidden.
(b) In all other cases, it shall be unlawful for a person to go armed with a loaded concealable firearm of any kind or to knowingly carry or transport a concealable firearm in a motor vehicle, provided, however, that this section shall not apply to the following persons:
(1) Persons lawfully entitled to possess a firearm while upon the premises where he or she regularly resides or is regularly employed.
(2) Peace officers.
(3) Members of the armed forces of the United States, the National Guard, or the Reserve Officer Training Corps when on duty or training.
(4) Persons who for any lawful purpose carry an unloaded concealable firearm inside a closed and fastened container or securely wrapped package which is too large to be concealed on the person.
(5) Persons who for any lawful purpose carry or transport an unloaded concealable firearm in a vehicle inside a closed and fastened container or securely wrapped package which is too large to be concealed on the person or inside a cargo or luggage compartment where the concealable firearm will not be readily accessible to any person riding in the vehicle or common carrier.
(6) Persons in or upon a shooting range or the regular business premises of a federally and city licensed firearms dealer.
(7) Persons engaged in a generally recognized course of instruction in the use of firearms, such as hunter safety instructions or instruction for the purpose of obtaining an identification card showing satisfactory completion of the firearm training program as set forth in section 20-207.
(8 ) Persons who have verified to the city that they are entitled to a waiver of the firearm training program as set forth in section 20-207(k).
(9) Persons who have obtained and display an identification card showing satisfactory completion of the firearm training program as set forth in section 20-207.
(10) Persons possessing a valid permit to carry a concealed firearm under Nebraska Law.
(Ord. No. 33113, ? 7, 11-23-93; Ord. No. 34229, ? 1, 6-17-97; Ord. No. 37432, ? 2, 7-18-06)

SemperFiGuy · « **Reply #36 on:** February 02, 2011, 09:00:12 PM »

Computer Cowboy

No such thing in Nebraska as an Open Carry License.

Now---having made that point, Omaha's a Different Situation.

To open carry in Omaha without a NE CHP, you need something called the City of Omaha Handgun Identification Card.

You can get it at the National Safety Council just southeast of 120th and L Streets for $10 and showing your CHP.

If you don't have a CHP, then you need to take an all-day class w/the NSC which also involves a shooting segment. Then you pay and receive your HIC.

You can legally carry throughout Nebraska in an unincorporated area. Since we have a large number of towns and cities, each possibly with their own ordnances, each needs to be checked out for its rules.

Ain't that fun....

You--as much as any one on this forum--know how easily it is to run afoul of anti-handgun fine print.

sfg

ComputerCowboy · « **Reply #37 on:** February 03, 2011, 05:50:56 AM »

Have you guys even ever seen Marty? nuff said.

bullit · « **Reply #38 on:** February 03, 2011, 07:29:50 AM »

SFG,

Could you elaborate on the below? Kind of confusing. If you have a CHP, not further paperwork, etc needed to OC in Omaha i.e. save myself $10.00. Maybe I am reading your below incorrectly. Thanks for the clarification.

"To open carry in Omaha without a NE CHP, you need something called the City of Omaha Handgun Identification Card.

You can get it at the National Safety Council just southeast of 120th and L Streets for $10 and showing your CHP"

Wilson · « **Reply #39 on:** February 04, 2011, 11:40:48 AM »

Still not sure

My email Question to the National Safety Council in Omaha:

I have a Concealed Handgun Permit issued by NSP. In order to ?open carry? do I need the ?Open Carry Permit? to open carry in Omaha?
If so, do I just bring my ID by, pay the fee, and have the permit mailed to me?

Response from the National Safety Council:

Wilson,
To openly carry in the City of Omaha you must have the City of Omaha Handgun Identification Card. The Concealed Carry Permit does not waive the Open Carry. So you would need to take the class to get your open carry (City of Omaha Handgun ID Card). The cost of class is $105. Only documents that will waive the class are if you are former Local, State or Federal Peace Officer, you have taken the NRA Basic Pistol Course, or you are former military and have documentation that you have handgun training.
Let me know if you have further questions,

Heather Watts
safety@safenebraska.org