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A head's up if you are carrying in Omaha.....

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Jay:
As many of you know, Omaha has an ordinance on the books requiring all concealable firearms within the city limits to be registered with the city.  ::)  There have been mixed messages coming from the city on if this ordinance would apply to non-residents with CHP permits carrying while in city limits. While there is nothing in the wording of the ordinance exempting non residents from registration, I have been under the impression from various communications (second hand) that non residents would not be prosecuted if found to be carrying a non registered firearm because, well frankly because it just makes sense. How can the city possibly expect non residents visiting or even just passing through to even know about this ordinance, let alone abide by it? Think about it, if someone with a Nebraska CHP is traveling from North Platte to Falls City, according to the ordinance they would have to stop into the Omaha police department and register their firearm with the city before they could continue on with their trip. Unlike cities that ban concealed carry, the alternative of stopping at the city limits, unholstering the weapon, and continuing on carrying openly until exiting the city and re holstering is not an option because you have to have an Omaha permit to open carry as well. I have not attempted to make any communications regarding this because I was comfortable enough with the communications I had seen to leave well enough alone. Sometimes stirring the pot, even just to get clarification can backfire.

Well, now I am hearing more and more information which makes me believe that if a permit holder is discovered  in Omaha with an unregistered firearm  ::)  ::), it is a very distinct possibility that person could find themselves up the proverbial creek. I think it is now time to take the bull by the horns on this one and get this silliness off the books. While we are at it, we might as well get Omaha's unconstitutional requirement of a permit to carry openly off the books as well. If we can't get registration thrown out all together (which I don't see happening) then let's at least make it so law abiding citizens don't become criminals just by driving down the interstate.

Here is a link to the Omaha City Council. Let's flood them with letters explaining why we need a change.

http://www.ci.omaha.ne.us/departments/city_council/default.htm

Cathy1911:
According to e-mail I received from J. Michael Tesar in the City Prosecutor's office, even out of state residents are affected by this ordinance:


--- Quote ---No one may have a handgun in Omaha that is not registered. The response from O.P.D. is accurate. OMC Sec. 20-251 provides:

(a)   It shall be unlawful for any person to own, have possession of, or maintain control over any concealable firearm which has not been registered to said person with the chief of police in accordance with this division, except when such possession or control is with the knowledge and express consent of the person in whose name such concealable firearm is registered.

If you think about it it would not make sense for the City to allow conduct for non citizens that is forbidden to residents. Furthermore, a primary purpose of the registration ordinance is to enable the police to quickly locate the owner/victim in stolen gun cases; if a person from another city or state brings a handgun to town, leaves it in his car and a thief steals that gun and is caught committing a crime with it we are unable to quickly contact the gun owner if it is not registered.
--- End quote ---

Emphasis mine.

So somebody from, say, South Dakota driving through Omaha on his way to Kansas with an unloaded handgun in a locked case in the locked trunk of his car is in violation of this ordinance.  If he stops anywhere in Omaha, his car is broken into, and his gun is stolen, he can be arrested for "having" an unregistered handgun in Omaha.

And they feel this is reasonable?

Dan W:
and that stance would be in direct conflict with  the Federal Safe Passage Act, which reads as follows:

18 USC 926A

Interstate Transportation of Firearms

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver's compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

Aldo:
Ok, now I am confused.  :-\  In a scenario where I am traveling to or through Omaha, and I am carrying concealed (IWB holster), am I not legally covered by just putting my piece in a lock box that is bolted to the driver's side of the middle console when I cross into Omaha's city limits?

Dan W:

--- Quote from: Aldo on January 15, 2009, 10:43:31 AM ---Ok, now I am confused.  :-\  In a scenario where I am traveling to or through Omaha, and I am carrying concealed (IWB holster), am I not legally covered by just putting my piece in a lock box that is bolted to the driver's side of the middle console when I cross into Omaha's city limits?

--- End quote ---

You must register any concealable firearm to possess it in Omaha. Locked inside the passenger compartment is considered concealed, so you are not covered by doing that, or by open carry in Omaha.  Either register your pistol, or  stay out of Omaha.

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