(Deleted)

[HarperHurst]

Deleted

[HuskerXDM]

Until you are 18, you would have to be under the supervision of someone "of age."  Once you are 18, your parents could purchase the handgun and give it to you because you would then be old enough to be in possession of the gun. 

Since there are no laws (except for the Republik of Omaha) banning OC, I believe being 18 would allow you to do this.  But you would not be able to conceal, obviously, until you are 21.

I am not a lawyer, however, so take it for what it's worth

[AAllen]

If they purchased it, to sell it to you (ie. purchasing for you) it would be a straw purchase and be illegal, because you could not legally purchase it for yourself.  But if they decided to give you a handgun as a gift that is a different story and most likely legal.  We are walking deep into the grey areas of the law with this one.

[FarmerRick]

Though I absolutely hate to tell anyone this...  don't open carry a handgun in Lincoln if you are under 21 years of age.  Nothing good can come from it. 

You are plenty old enough to go overseas, shoot bad guys and be shot by them, but here in Amerika.... the AUTHORITIES don't like it when we exercise our Constitutional rights.   

[HarperHurst]

Deleted

[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.]

FarmerRick, might I ask your reasons as to why someone under 21 should not carry in Lincoln?

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

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.

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

[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.

[AAllen]

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.

D.A.D while I am not opposed to doing an open carry event I would need to point out what doing these types of activites has had for an effect in California.  An event like this would need to be held away from a city (but nearby) and be very carefully planned, or it would blow up in the face of those putting it on.  Missourri has had some nice open carry events that recieved good press, but they were held at parks that were well outside of any major city limits.

So open carry events are a double edged sword and would need well planned and strictly enforced rules.  But if someone would like to take on planning one I'm certain that the board would welcome the idea and offer it's support and direction.

[D.A.D.]

Andy,
I must thank you as well for your hard work and dedication to the work of NFOA.  It must be gratifying to be part of this effort.

I would like to learn more about both the unsuccessful and successful open carry events that you referenced.  If you have any links to stories about the events, I would welcome the opportunity to read through them.  I can understand that without careful preparation and planning how such events could be viewed in a negative light and not benefit the cause of normalizing the exercise of 2nd Amendment rights in our communities. It seems to me that it would take a continuous series of such events for it to be anything more than a novelty as a news story.

This brings me back to the original topic of open carry in Lincoln and the experiences of those who have exercised their right to do so.  I would like to hear from anyone who has, where in the city they were, what the reactions of those around them were, etc.  In other words, is this happening today at all?

Several years ago, I witnessed someone open carry into a gun shop, but they were well known to the owner.  The first few gun shows held in Lincoln (there were at least two held at the Bob Devaney Sports Center before the accidental discharge of a shotgun) allowed unloaded open carry, but that practice was brought to an end fairly quickly.

Since I live in the country, I carry both open and concealed without concern since I am on my private property.  I do not have a CHP and I'm glad I don't need one at home.  Often the difference between open and concealed carry is determined by the weather and whether or not I need a coat.  I have forgotten that I am carrying on occasion and made a run to get fuel or feed.  I have a liberty that those who live in Lincoln (or other cities/towns) do not seem to have.  Frankly, I get tired of having to differentiate between open and concealed.  I carry at will.  If a person could open carry in Lincoln using discretion, I am concerned they would still be inviting trouble for themselves.  Much of the general population isn't aware that it is legal and some that know it is legal don't think it should be.

My point is if it isn't being done then it won't be done.  If LPD discourages carrying with promises of citations, it will cause the benefits of open carry to be lost.  Again, I invite the opinions and experiences of others as well as any ideas or thoughts anyone would care to share.  A backyard picnic with some friends who open carry on a regular basis might help normalize the activity.

Time for bed.



 

[BV]

D.A.D., I have on occasion open carried in Lincoln. I generally carry concealed, but sometimes if I'm just running out to the store or some similarly quick errand I will open carry. I've never had any issues beyond people giving me weird looks, but I also stick to places that are close to my home. I do this because most of the employees at the stores close to me will recognize me and know that I work in an armed security position. Even so, I rarely open carry, opting rather for the pocket pistol if I don't feel like carrying my normal weapon. I've also open carried, though only once, at the North 27th St Walmart. I didn't like the extra attention it drew in the form of people staring.

For whatever reason, people in Lincoln don't seem comfortable with the sight of a person open carrying unless they happen to be in some kind of law enforcement/security type uniform. For that reason I can't recommend to anyone that they open carry here on a regular basis. It would certainly be nice if public perception could be changed so that it was possible to open carry without wondering if you'll be getting a visit from LPD, but I don't think that will happen anytime soon. But even if it did, I think concealed carry is still the better option in most cases.

[cracked junior]

A few years ago.  I rode my motorcycle through north platte on way to shooting range.   I had my 45 on hip and ar15 strapped to my back.   I went by a few city cops and one state patrol.  I stopped to get gas at flying j truck stop, south side of I-80.  A car with california plates pulled in behind me.   

Didnt have any issues with anyone.  Although who would mess with a guy with that much gun. 

[D.A.D.]

I've never had any issues beyond people giving me weird looks, but I also stick to places that are close to my home. I do this because most of the employees at the stores close to me will recognize me and know that I work in an armed security position.

For whatever reason, people in Lincoln don't seem comfortable with the sight of a person open carrying unless they happen to be in some kind of law enforcement/security type uniform. For that reason I can't recommend to anyone that they open carry here on a regular basis. It would certainly be nice if public perception could be changed so that it was possible to open carry without wondering if you'll be getting a visit from LPD, but I don't think that will happen anytime soon.

BV,
It is pretty well documented that there is a huge difference of perception when the person carrying a handgun openly is in a uniform that represents some form of law enforcement or security.  It is also documented that a nicely dressed person gains more acceptance than one in more casual (read somewhat sloppy) attire.  The bottom line is that it is a matter of perception which varies from person to person.  What is shocking to some (I am still appalled at the preponderance of gross tatoos that are so mindlessly popular today), others have little or no reaction towards.  I am suspicious of the intelligence of people sporting ever-growing tatoo displays (and probably always will be) and I am sure there are people who will always be suspicious of the presence of handguns in public (as is reflected in the State CCW laws).

I don't have a uniform, but I can dress nicely and carry in places where I am a familiar face.  Maybe that will provide some assurance to some in public that there is a degree of comfort that can be had being around someone with a visible firearm.  But it is difficult if not impossible to counteract the intentional hype and histeria that dominates what comes out of the newsmedia and government.  Intimidation is their greatest weapon against the exercise of constitutional rights.

[Lorimor]

You just know that there are folks out there, mean spirited folks, with a burning hatred for the NRA and everyone associated with it, who will call in a "man with a gun" and perhaps embellish an item or two, just to teach those "mouth breathing redneck yahoos" a thing or two.

The odds aren't good of the above scenario actually happening but I'd say in Lincoln with its' relatively high population of left leaners, you're tempting fate.

Who needs the headache?

And wasn't there an incident in Lincoln in the last year where a restaurant patron noticed a partially obscured handgun on another customer's hip and they went into vaporlock over the ordeal?  I remember Chief Peschong waving his finger in our faces and solemnly reminding that this was exactly the reason that he opposed CCW, because it might frighten some people. 

[D.A.D.]

Lorimor,
We actually just had an incident where I work where an employee reported to their manager that they was a long gun in open view in another employee's locked vehicle.  The report travelled up the food chain and someone at an administrative level called the police (LPD).  The employee was brought in and informed there was a company policy (I have never seen it in writing after having been there for over 3 decades) against employees possessing firearms in their personal vehicles in a parking that is open to the public.  He received a verbal warning from someone in authority (he admits it was dumb not to have it covered or in his trunk), but was also met by a police officer who informed him that he had not done anything illegal.  All he did was violate a little known company policy, yet got to experience the pleasure of being made a public specticle in front of many co-workers.  He has lots of support from the gun friendly, but none whatsoever from the "regulators."

[HuskerXDM]

And wasn't there an incident in Lincoln in the last year where a restaurant patron noticed a partially obscured handgun on another customer's hip and they went into vaporlock over the ordeal?  I remember Chief Peschong waving his finger in our faces and solemnly reminding that this was exactly the reason that he opposed CCW, because it might frighten some people. 

If I recall correctly, he was talking about a Braeda, and said that he had seen/heard that a patron was scared by seeing a printing/partially visible gun and didn't go in the the place.  Also, as I recall, there was no proof of such incident.

[Lorimor]

We all know that the anti's will oppose CCW for any possible reason they can find. 

Holy smokes!  The world hasn't ended, even after nearly 6 years of continuous CCW generated violence.