General Categories > Carry Issues
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David Hineline:
Rick is just suggesting you not poke the bear with a stick, open carry will make you stand out in a croud. Draw unneeded attention to your self.
SS_N_NE:
Kind of like that commeercial...."When you get an eye patch, people think you’re tough. And when people think you’re tough, people want to see how tough. And when people wanna see how tough you wake up in a roadside ditch. Don’t wake up in a roadside ditch!”
D.A.D.:
--- Quote from: HarperHurst on May 10, 2012, 09:24:06 PM ---FarmerRick, might I ask your reasons as to why someone under 21 should not carry in Lincoln?
--- End quote ---
I intend to write more about this later, maybe start a new blog, but both I and a friend have called LPD and asked what their response would be if they saw (or it was reported to them) that a person was carrying a gun openly. Without hesitation they answered that they would charge/ticket you with disturbing the peace. That is not something a 21 year old needs on their record (or can afford to deal with) at such a young age. The fact that they may recognize your right, but also consider it to be disturbing the peace troubles me. I am no longer concerned as much about bad guys as I am about bad policies and practices at LPD.
Dan W:
Former police chief Tom Casady said that would never happen, at least according to my dear friend Gunscribe...
http://forum.opencarry.org/forums/showthread.php?34994-Open-carry-Lincoln-Nebraska
--- Quote ---I have been at the fore front of firearms issues in Nebraska for a good many years. The has always been the oft repeated rumor that if one were to carry openly in Lincoln, Nebraska that there would be a citation for breach/disturbing of peace. I have in years past had a couple of city officers and at least one county deputy tell me that they would cite open carry as a breach of peace.
When I queried one of the officers if that applied even if no one complained his reply was, "If you are carrying a firearm you are disturbing someone peace".
Adhering to the age old adage; Where there is smoke there is fire I believed that it happens/ed.
Recently I was able to spend a couple hours with Lincoln Police Chief Tom Casady. We have known each other for quite some time and he is a regular reader of my blog. He is acutely aware of all the good and bad I have had to say about him.
One item in particular we discussed was the idea that open carry would be cited as disturbing the peace.
The Chief had heard this rumor as well and was unaware of how and where it started. He relayed that his officers do encounter open carry a time or two a month and that is perfetly legal.
To his knowledge no one has ever been cited for the sole charge of disturbing the peace for openly carrying a holstered sidearm. That is not to say that no one has ever been arrested on that charge for the open display of a firearm, as there have been some that through their own irresponsible actions have called undue attention to themselves. I think that every responsible firearms owner understands that.
The Chief related that the open carry of a holstered sidearm is legal is not cited by him or his officers as a breach of peace. If one of his officers did errantly do so it would be quickly cleared up to the advantage of the open carrier and remedial training given to the officer involved.
The Chief also stated that if they recieved a "person with a gun" call they are duty bound to respond to investigate.
Having been in Law Enforcement I offer the following personal observation;
In the event of a call for "person with a gun" the level of response by the individual officers will be based on the information they recieved from dispatch.
The information dispatched will be based on the information provided by the caller.
If the caller is of the rabid anti-gun variety the information relayed to dispatch may be shall we say "Less than accurate".
I don't think that requires any explanation either.
I hope this clears up a lot of the misconceptions that have been held for years concerning the open carry of sidearms in Lincoln, Nebraska.
--- End quote ---
May be the former Chief was incorrect in his assessment of his staff and the law, because I am not aware of any changes in the relevant ordinances. The only thing that has changed is the leadership of the LPD. Or, maybe there is still a training deficency that needs to be addressed...again :kiss:
D.A.D.:
Thanks for the response, Dan.
First of all, I would like to thank you and all the others that have made NFOA possible by your hard work and vision. I joined while at a gun show in Lincoln a few years ago, and my interest in your work has recently been reenergized due to some recent events in my life.
Secondly, what I posted is my first hand experience as was that of my friend. We are both professional people and are concerned with our reputations in our work and community. Neither of us would want to toy with our reputations by collecting a disturbing the peace citation, but we are both interested in the exercise of our existing rights to openly carry at our discretion. The abrupt (not rude at all, but certainly quick and to the point) response by LPD to our questions certainly sparked a lot of thoughts and concerns.
I spent some time this weekend viewing videos on YouTube (pretty much a first for me) and other sites like OpenCarry.com (http://opencarry.org/index.html), and am now reviewing NFOA blogs looking for other discussions about the pros and cons of open carry vs. concealed carry. One idea I liked was to hold a public gathering (like a picnic with informational sessions or speakers) of gun owners concerned with the exercise of existing rights available to all gun owners. The gathering would be held in a location in Lincoln and all attendees would be encouraged to open carry to demonstrate to the public at large that it is indeed a legal activity. In my opinion, it should be discussed with LPD first so they are informed and not surprised by it. Also, the news media should be notified and invited to cover the event. I don't know if NFOA is interested in this type of activity or not, or if you have held public gatherings similar to this or not.
Anyway, I am doing some more research in NFOA blogs and other local sources. There is a lot I could talk about, but, like I said, perhaps it belongs in a new blog of its own. I welcome any responses from any members. Now I will check out the CCRKBA site.
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