General Categories > General Firearm Discussion
Affirmative Defense Vs CCP?
Randy:
Here is a question that I have.
Can a bar owner carry in his/her own establishment if a CCP holder?
Can a church elders committee give permission for a member to do the same?
Is the affirmative action defense the difference vs a CCP holder?
Jay:
I think affirmative defense and chp holder are the phrases you're looking for. ;)
While I don't personally agree with this, my understanding is that having a Nebraska CHP (concealed handgun permit) bars you from carrying under affirmative defense, so no, not even the owner of a bar could carry a concealed handgun in their own establishment if they were chp holders, nor could a non leo chp holder carry a concealed handgun in a place of worship.
Affirmative defense would allow you to do this, but if caught (say from printing or accidentally allowing your firearm to become uncovered momentarily), then you are basically guilty until proven innocent of the crime of carrying a concealed weapon without a permit.
Now, you could open carry in each instance...
huskergun:
Isn't there a permit needed in Omaha to open carry??
Jay:
Yes, that's true, in Omaha only, you need a permit to open carry. The state CHP permit satisfies that requirement as well, but then again you lose out on affirmative defense.
I don't go to Omaha anyway because of their asinine registration requirements...
Rich B:
Randy, this sounds like something for next legislative session.
It is wrong that a business owner cannot legally protect their business under the circumstances you have outlined.
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