General Categories > Carry Issues
A head's up if you are carrying in Omaha.....
Aldo:
--- Quote from: Dan W on January 15, 2009, 10:29:04 PM ---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.
--- End quote ---
Ok...time for me to pull out my "neccwtraining" manual from a couple of years ago...and if the Omaha statute is outdated, please correct me...and if my interpretation is wrong, please correct me:
* Omaha Sec.20-192. Carrying concealed weapon. It shall be unlawful for any person except an authorized law enforcement officer purposely or knowingly to carry a weapon concealed on or about his person. On or after January 1, 2007 any person possessing a lawful permit issued by the State of Nebraska authorizing the carrying of concealed handguns shall be permitted to carry such a concealed handgun in the City of Omaha as permitted by State Law.
* Omaha Sec 20-206. Carrying weapons. (a) As provided in section 20-192, the carrying of a concealed weapon is expressly forbidden. (b) In all other cases, it shall by unlawful for a person to go armed with a loaded concealable firearm of any kind or to knowingly carry or transport a concealable firearm in a motor vehicle, provided, however, that this section shall not apply to the following persons: (4) Persons who for any lawful purpose carry an unloaded concealable firearm inside a closed and fastened container or securely wrapped package which is too large to be concealed on the person.
Now, having posted that info, why doesn't that second sentence of Sec.20-192 and the part of Sec.20-206(b)(4) allow me to travel to and/or through Omaha with my handgun locked in the lockbox bolted to the console in my truck?
I have a CCW permit which meets the qualifications of the first quoted section, and I lock it up which meets the qualifications of the second quoted section.
The only thing that could be the hiccup is the "for any lawful purpose" of the quoted second section. Is not the Second Amendment ample enough definition for "any lawful purpose"? An unlawful purpose would be to say to an LEO that one is on their way to rob a bank in Omaha!
Thoughts? (I know, Dan W, you are probably gonna tell me to stay out of Omaha or register my handgun)...it's very frustrating. :(
Jesse T:
Try 20-251.
--- Quote ---Sec. 20-251. Required.
(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.
(Code 1980, ? 20-251; Ord. No. 36045, ? 1, 9-24-02)
--- End quote ---
You can not be in the city limits of omaha with a concealable firearm that is not registered. period.
I call this the "Jesse T is banned from omaha" rule.
Aldo:
Uugghhh! Well, I guess there's also a subsection called "Aldo is banned from Omaha", too.
:-\ I don't know whether to be angry >:( , bummed out :( , roll my eyes ::) , or just say "Huh?" ???
Wow. I am amazed that the Senators who supported the CCW in the first place aren't hammerin' Omaha on the side of the head!!!
Jesse T:
It's pretty much a BS rule, and I do not want my guns on some list so a lackey can look me up later and come to my door to confiscate it. It is bad enough I have to register myself as a card carrying freedom lover.
No big loss to me. If they don't want my gun in their city, they don't want me in it either.
Aldo:
Okay....maybe I'm being numb in the head, dumb in the head, or both (probably this choice)....but in going to the Douglas County Sheriff's website re gun permit FAQ, here are four of the relevant questions/answers posted there on this issue:
* 2. What is the definition of a concealed weapon?
If a law enforcement officer can see the handgun, either carried on your person or in your car, it is not concealed. If the officer cannot see the handgun, or portions of it are not visible at any point, it is concealed. If you carry a weapon on or about your person concealed, you are in violation of Nebraska State Statute 28-1202.
3. Is it permissible to transport a firearm under the seat or in the glove box of a vehicle?
NO. In both instances the firearm is concealed because it is not in plain sight and is easily accessible.
4. If my handgun is lying on the front seat or on the dash is it okay?
If you are within the city limits of Omaha, you must have a concealed carry permit to carry a firearm in a vehicle, even when the firearm is in plain view. Outside the city limits of Omaha, you may carry a firearm in your vehicle if it is in plain view. Note: City boundaries are uneven and subject to change. It is your responsibility to know when you are in the city limits of Omaha. Carrying a weapon that is accessible to passengers in a vehicle is not recommended. If you are stopped by a police officer and a weapon is visible, cooperate fully with the officer's commands and do not make any sudden moves or touch the gun for any reason.
5. What is the best way to transport a firearm?
Locked in its case unloaded and stored in the trunk. The ammunition should not be stored with the firearm. If you are in a pick-up, the weapon should be unloaded and locked in its case and placed behind the seat where it is not readily accessible to the occupants.
*
Alright, so now based on that info, does it not seem ok for a NE CCW permit holder to his/her handgun, if stopped by an Omaha LEO, up on your dash? And if so, then it comes back to rigging a way for that to easily be done. For example: 1) piece of velcro on the dash, and 2) the opposing piece of velcro on the backside of an inexpensive soft cloth holster (like an Uncle Mike's). Then, if there's a time when the red and blue lights are flashing in the rear-view mirror, the Uncle Mike's along with the gun comes off my belt and up on the dash, pull over to the side of the road, and say, "Hello, officer, wazzup?" ;)
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