< Back to the Main Site

Author Topic: Open Carry in Omaha Directly from Marty Conboy (Omaha City Prosecutor)  (Read 12568 times)

Offline ivanawfulitch

  • Forum Member
  • *
  • Join Date: Feb 2009
  • Posts: 6
I finally got tired of searching and sent an email directly to Marty Conboy, Omaha City Prosecuter, about open carrying legally. Basically, if you already have your Nebraska Concealled Handgun Permit, you can legally carry concealed or open in Omaha. Now we all need to open carry so the public will get used to seeing it.

This is what transpired;

It would require the concealed carry permit authorized by the state.  One you get that, you can carry either concealed or open in Omaha.

-----Original Message-----
From:
Sent: Wednesday, February 25, 2009 3:54 PM
To: Conboy III, Marty J (PSC)
Subject: RE: Concealed Carry


By state permit, do you mean the concealed carry permit or is there another permit that I need?

Thank you for your help.


Mike Ellis

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

From: Conboy III, Marty J (PSC) [mailto:Marty.Conboy@ci.omaha.ne.us]
Sent: Wednesday, February 25, 2009 3:51 PM
To: 
Subject: Concealed Carry


The city has passed an ordinance that prohibits open carry, unless you have the state permit.  If you have the state permit, you are exempted in the city limits.

Offline Jay

  • NFOA Co-Founder
  • *****
  • Join Date: Oct 2007
  • Location: Plattsmouth, NE
  • Posts: 871
Re: Open Carry in Omaha Directly from Marty Conboy (Omaha City Prosecutor)
« Reply #1 on: February 25, 2009, 04:33:43 PM »
Thanks for posting this.

That is correct, there have been other posts confirming this as well, just remember that your gun also has to be registered in Omaha, which is what has stopped me from open carrying there.

I am all for open carry, and do it myself quite often, but I just can't bring myself to go register a gun in Omaha.

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

Offline ivanawfulitch

  • Forum Member
  • *
  • Join Date: Feb 2009
  • Posts: 6
Re: Open Carry in Omaha Directly from Marty Conboy (Omaha City Prosecutor)
« Reply #2 on: February 25, 2009, 04:55:33 PM »
Since I live and conceal in Omaha, my gun is already registered. I guess I'm good to go.


Offline FreedomOne

  • Forum Member
  • *
  • Join Date: Jan 2009
  • Location: Eastern Nebraska
  • Posts: 37
  • The USA! Of, For, and By the People!
Re: Open Carry in Omaha Directly from Marty Conboy (Omaha City Prosecutor)
« Reply #3 on: February 27, 2009, 12:44:35 AM »
So when did this ordinance that prohibits open carry go into affect? News to me. Don't they realize that contradicts the Nebraska Constitution? Nebraska has always been an open-carry state. You can't just pass an ordinance that says differently without being illegal. Am I right?

Offline JimP

  • Steel Benefactor
  • *
  • Join Date: Oct 2007
  • Posts: 1310
Re: Open Carry in Omaha Directly from Marty Conboy (Omaha City Prosecutor)
« Reply #4 on: February 27, 2009, 09:02:52 AM »
So when did this ordinance that prohibits open carry go into affect?

It has been there as long as I can remember.......
The Right to Keep and BEAR Arms is enshrined explicitly in both our State and Federal Constitutions, yet most of us are afraid to actually excercise that Right, for very good reason: there is a good chance of being arrested........ and  THAT is a damned shame.  III.

Offline JimP

  • Steel Benefactor
  • *
  • Join Date: Oct 2007
  • Posts: 1310
Re: Open Carry in Omaha Directly from Marty Conboy (Omaha City Prosecutor)
« Reply #5 on: February 27, 2009, 09:29:57 AM »
Don't they realize that contradicts the Nebraska Constitution? Nebraska has always been an open-carry state. You can't just pass an ordinance that says differently without being illegal. Am I right?


Theoretically, you are right....... in actual PRACTICE, though...... theoretically a bumblebee can't fly.  In REALITY,  the City of Omaha has done just that.  They have proven that you can ignore the State Constitution.

 
You can if; your Only Ones have the people cowed into believing that they are the only ones.....  if you have an Attourney's Office with bottomless pockets and offer to sell a permit to OC to anyone that REALLY wants to OC to co-opt any determined opposition that is why they redcognize OUR CHPs as equivalent to their OC permits!)........

IMO, The CHP, OC Permit and gun registration ARE violations of Article I-1 of the Nebraska State Constitution, but opposition has been "bought off" with permits ........ You can't give PERMISSION to excercise a RIGHT.  I know, I am part of the problem: I have a CHP, some of my guns are registered with OPD....... I'm takin' what they are givin', 'cause I am workin' for a livin'- I don't have a multi-million dinar (yeah, I said dinar -the Iraqi monopoly money- cuz, that is what the dollar is going to be worth soon!) Attourney's Office to back me up..... just my opinion.
The Right to Keep and BEAR Arms is enshrined explicitly in both our State and Federal Constitutions, yet most of us are afraid to actually excercise that Right, for very good reason: there is a good chance of being arrested........ and  THAT is a damned shame.  III.

Offline Josh1776

  • NFOA Full Member
  • **
  • Join Date: Apr 2009
  • Posts: 47
Has anyone open carried in Omaha?...I'm just wondering if the police showed up and what your experience was? I live in Omaha, so unfortunatley I had to register my weapon when I purchased it. Also, I have my NE CCW permit. I've been thinking I should exercise my U.S. and NE Constitutional rights to open carry...my heasitation is I have a wife & kids so I don't want the hassles of getting arrested for disturbing the peace and fighting the charge in court.
"The whole aim of practical politics is to keep the populace alarmed (and hence clamorous to be led to safety) by menacing it with an endless series of hobgoblins, all of them imaginary." -H.L. Mencken

Offline JimP

  • Steel Benefactor
  • *
  • Join Date: Oct 2007
  • Posts: 1310
I've been thinking I should exercise my U.S. and NE Constitutional rights to open carry...my heasitation is I have a wife & kids so I don't want the hassles of getting arrested for disturbing the peace and fighting the charge in court.

You understand the problem perfectly.  We have the right, so long as we are not dumb enough to actually try it.

I suspect that if you OC'd in Omaha, you'd have some ninny call the cops on you and they's show up with a SWAT team and if you were LUCKY, you'd be on the ground in cuffs with a 200 lb. cop on your back.  If you were less than lucky, you'd get shot.
The Right to Keep and BEAR Arms is enshrined explicitly in both our State and Federal Constitutions, yet most of us are afraid to actually excercise that Right, for very good reason: there is a good chance of being arrested........ and  THAT is a damned shame.  III.

Offline Josh1776

  • NFOA Full Member
  • **
  • Join Date: Apr 2009
  • Posts: 47
If I'm really unlucky they'll also send me the bill for the police response.
"The whole aim of practical politics is to keep the populace alarmed (and hence clamorous to be led to safety) by menacing it with an endless series of hobgoblins, all of them imaginary." -H.L. Mencken

Offline Rich B

  • NFOA Co-Founder
  • *****
  • Join Date: Nov 2008
  • Posts: 864
my heasitation is I have a wife & kids so I don't want the hassles of getting arrested for disturbing the peace and fighting the charge in court.

This is a valid reason not to push your luck, don't feel like you're a bad person for feeling this way.

Omaha's OC ordinance might be unconstitutional/illegal, but I do not have the resources (time, money, energy) to fight it.

Protecting your family involves more than just a firearm.  You expose them to danger if you are in jail, or in severe debt due to legal fees.
NRA Life Member.

Offline Josh1776

  • NFOA Full Member
  • **
  • Join Date: Apr 2009
  • Posts: 47
Protecting your family involves more than just a firearm.  You expose them to danger if you are in jail, or in severe debt due to legal fees.

Good point Rich B!
« Last Edit: May 08, 2009, 11:06:09 PM by Josh1776 »
"The whole aim of practical politics is to keep the populace alarmed (and hence clamorous to be led to safety) by menacing it with an endless series of hobgoblins, all of them imaginary." -H.L. Mencken

Offline armed and humorous

  • NFOA Full Member
  • **
  • Join Date: Jul 2009
  • Location: Lincoln, NE
  • Posts: 535
So, what's the latest story?  I've heard from people that the Omaha gun registration law only applies to Omaha residents and that outsiders can carry openly or concealed (if they have a permit).  Does anyone know the actual current legality of the matter?  I'm from Lincoln, and I have the first Concealed Handgun Permit issued in Nebraska, but I don't know if I can drive through Omaha without risking arrest and charges were I to be stopped by law enforcement for something.
Gun related issues are, by nature, deadly serious.  Still, you have to maintain a sense of humor about them.

Offline SeanN

  • NFOA Full Member
  • **
  • Join Date: Jul 2009
  • Location: Omaha, NE
  • Posts: 535
The Omaha laws are seriously getting out of control. We need to fight back and do something about it.

Offline bubba803

  • NFOA Full Member
  • **
  • Join Date: Feb 2009
  • Posts: 14
I saw a fella OCing in Home Depot at 72nd and Ames a couple of weeks ago.  He actually looked kind of silly.  He was about 6'5" 250-300 lbs and was carrying a Glock 26/27.  He probably could'nt even see the gun when he got his big ol mitts around it.  Nobody else even seemed to notice.
I came into this world kicking, screaming and covered in someone else's blood;  I plan on leaving it the same way!

Offline Chris Z

  • NFOA Co-Founder
  • *****
  • Join Date: Dec 2007
  • Location: Lincoln NE
  • Posts: 2496
    • Nebraska Concealed Carry Training
I know a guy who open carried in Omaha (out West) with a couple others to make a statement. Their guns were properly registered and everything.

Man with a gun calls came in, helicopter overhead, cruisers swarming everywhere. They were put on the ground, handcuffed, detained, questioned and I believe some of the guns were confiscated (although OPD later had to return them). Never charged with anything.

Just not a headache you want to have.

We can thank the two guys who open carried rifles across UNL campus for the stricter firearms and ccw laws now on colleges and universities. Those two are directly responsible for causing Senator Avery to pursue stricter laws on College & University property

Offline Cathy1911

  • Past Director- Secretary
  • NFOA Co-Founder
  • *****
  • Join Date: Dec 2008
  • Posts: 208
I work downtown in Omaha, and in warm weather it's not unusual to see professionally-dressed people open carrying.  No police badges; if they have any visible creds at all they're just ID's on neck lanyards that nobody can read anyway.  One man last summer was especially conspicuous with a black shoulder rig over a white shirt and tie with dark suit trousers.  He was in the plaza on the Farnam Street side of the Civic Center.

Nobody pays any attention.

Offline JimP

  • Steel Benefactor
  • *
  • Join Date: Oct 2007
  • Posts: 1310
Sooooo...... we just have to put on a cheap suit to look like one of TheOnlyOnes?  Book Covers and Judgin' and all that.....
The Right to Keep and BEAR Arms is enshrined explicitly in both our State and Federal Constitutions, yet most of us are afraid to actually excercise that Right, for very good reason: there is a good chance of being arrested........ and  THAT is a damned shame.  III.

Offline FreedomOne

  • Forum Member
  • *
  • Join Date: Jan 2009
  • Location: Eastern Nebraska
  • Posts: 37
  • The USA! Of, For, and By the People!
Re: Open Carry in Omaha Directly from Marty Conboy (Omaha City Prosecutor)
« Reply #17 on: September 13, 2009, 12:15:52 AM »
Has anyone contacted the State Attorney General, Jon Bruning, to see what his take is on all this? He would at least see things on a state level, and not just the city level.  Just a thought. Thanks!

Offline howlingwolf61

  • NFOA Full Member
  • **
  • Join Date: Jan 2010
  • Location: Omaha
  • Posts: 10
    • Christian Motorcyclist's Association
Re: Open Carry in Omaha Directly from Marty Conboy (Omaha City Prosecutor)
« Reply #18 on: January 23, 2010, 09:49:29 AM »
Personally, I don't see the point of open carry.  If you have a CCW permit, why not conceal it and not attract attention to yourself.

Offline mizzly

  • Forum Member
  • *
  • Join Date: Sep 2009
  • Posts: 30
Re: Open Carry in Omaha Directly from Marty Conboy (Omaha City Prosecutor)
« Reply #19 on: January 23, 2010, 11:06:39 PM »
Personally, I don't see the point of open carry.  If you have a CCW permit, why not conceal it and not attract attention to yourself.

Its called the second amendment.  The fact that we have to have CCW permit is wrong if you ask me.

More people are killed by cars than guns.

But busy bodies don't call the cops every time they see someone driving a 2 ton weapon down the street.

I to would be interested in the AG opinion as previosly stated.

we are slowly losing our rights and if we don't start standing up for ourselves we will be in the same boat as the citizens of Germany during the nazi era, unarmed and defenseless against anarchy by our own government  or the UNITED NATIONS or the Mexican cartels or some thug who couldn't pass a back ground check & doesn't care about rules & laws.

If I had my way every responsible citizen should have a weapon.  They wouldn't have to carry it with them but at least have one in the home & available and trained to use it if needed.


The biggest challenge we have right now is alot of people today haven't grown up around guns & are afraid of them. Mostly thanks to the liberal media spin on the subject & the false sense of security they get from thinking that the POLICE will be just around the corner if some criminal goes off.

Now don't get me wrong I won't be open carrying because i do have a permit & I would rather not advertise the fact. It's kind of like when I have a pocket full of hundred dollar bills. I would rather not let anyone know.  99.9 percent of the people wouldn't try to take my hundred dollar bills if they were sticking out of my shirt pocket but walk around long enough & some fool will make grab for them.

That would be against the law wouldn't it but the cop's the judge & my friends would say well that wasn't very smart.  But I have the right to walk around with hundred dollar bills sticking out of my shirt pocket.

 if it is indeed legal to open carry in communist Omaha with or with out CCW permit maybe a open carry neighborhood cleanup should be organized on a monthly basis. Could possibly get some positive media attention. I can hear the headline now "today 50 people with guns pick up garbage in north O & no one get's hurt, mugged or arrested". 

After a couple months The media, cops & busy bodies wouldn't pay any attention to us. No news here just another neighborhood clean up.

Pretty soon people would be calling & wanting there neighborhood cleaned up.

I live in the Dakota city area so it is not logical for me to organize something like this. However if someone would take the initiative to check legality with the AG & organize something like this I will drive down to participate & hopefully so would a lot of other folks from all around the state & even neighboring states since we now have reciprocity with other states.



I am available every Saturday & every other Sunday to  join in a neighborhood clean up