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Author Topic: Question regarding transportation of firearms (Omaha)  (Read 2551 times)

Offline Burnsy87

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Question regarding transportation of firearms (Omaha)
« on: April 18, 2009, 04:31:16 PM »
Not that I think it matters, but I live in Omaha.

I was just wondering was the law was when having your firearm in the car driving to the shooting range or something.  I've been told everything can be in one case, I've been told the gun needs to be in the trunk and the bullets in the front of the car, so I've come to you guys for the answer.  I looked on NRA-ILA.org and did a quick search online, but could not think of anything.

Thanks in advance.

Offline Dan W

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Re: Question regarding transportation of firearms (Omaha)
« Reply #1 on: April 18, 2009, 06:01:11 PM »
Is your firearm concealable and is it  registered?
Dan W    NFOA Co Founder
Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom.   J. F. K.

Offline Jay

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Re: Question regarding transportation of firearms (Omaha)
« Reply #2 on: April 18, 2009, 06:02:18 PM »
Actually, it does matter in Omaha, as they have more restrictive laws than elsewhere in the state.

To begin with, any concealable firearm (handgun) that you are carrying inside Omaha City limits must be registered with the City of Omaha whether or not you reside there. Registration of firearms is not required anywhere else in the state.

Now, on to transport..

Let's talk about concealable guns first (handguns). First off, if you have a Nebraska Concealed Handgun Permit, obviously your sidearms can be located anywhere in the car, loaded or unloaded. Just remember that if you get pulled over for any reason, you must immediately inform the officer that you are carrying a concealed handgun in the car just like you would have to if you were carrying the gun on your person.

If you do not have a Nebraska Concealed Handgun Permit, then you can carry a loaded handgun in the car with you as long as it is in plain site (open carry). Now, in Omaha, however, you must also have a permit to open carry, regardless of where you reside. A Nebraska Concealed Handgun Permit will satisfy this requirement as well.

If you do not want to carry it openly, or if you are in Omaha and do not have a permit to carry openly or concealed, then the gun must be unloaded and not readily accessible to anyone in the passenger compartment (in the trunk, or locked in a secure case in the absence of a trunk). There is no requirement that the ammunition must be stored separately from the firearm. I have seen various law enforcement agency web sites that say the best way to transport a weapon is separately from the ammunition, but again there are no specific statutes that I know of that require this by law.

Here are the Omaha ordinances on transporting a concealable weapon:

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 be 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:
(1)   Persons lawfully entitled to possess a firearm while upon the premises where he or she regularly resides or is regularly employed.
(2)   Peace officers.
(3)   Members of the armed forces of the United States, the National Guard, or the Reserve Officer Training Corps when on duty or training.
(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.
(5)   Persons who for any lawful purpose carry or transport an unloaded concealable firearm in a vehicle inside a closed and fastened container or securely wrapped package which is too large to be concealed on the person or inside a cargo or luggage compartment where the concealable firearm will not be readily accessible to any person riding in the vehicle or common carrier.
(6)   Persons in or upon a shooting range or the regular business premises of a federally and city licensed firearms dealer.
(7)   Persons engaged in a generally recognized course of instruction in the use of firearms, such as hunter safety instructions or instruction for the purpose of obtaining an identification card showing satisfactory completion of the firearm training program as set forth in section 20-207.
( 8 )   Persons who have verified to the city that they are entitled to a waiver of the firearm training program as set forth in section 20-207(k).
(9)   Persons who have obtained and display an identification card showing satisfactory completion of the firearm training program as set forth in section 20-207.
(10)   Persons possessing a valid permit to carry a concealed firearm under Nebraska Law.
(Ord. No. 33113, ? 7, 11-23-93; Ord. No. 34229, ? 1, 6-17-97; Ord. No. 37432, ? 2, 7-18-06)

If you are taking long guns to the range, then in Nebraska, rifles may be carried loaded openly, but shotguns may never be loaded while in a vehicle. However, Omaha is again more restrictive, requiring long guns to be broken down or cased.

Here is the Omaha ordinance:

Sec. 20-195.  Possession or transportation of firearms.
(a)   It shall be unlawful for any person to knowingly or purposely transport in any conveyance or in any other manner, or to possess off his own premises, any rifle, shotgun, air gun, air rifle, paint ball gun or machine gun unless the same is unloaded and contained in any enclosed gun case, or unloaded and broken down. The removal of the bolt from any such firearm or carrying the same in a holster type gun case without further breaking down such firearm shall not be deemed to be in compliance with the requirements of this section.
(b)   The provisions of this section shall not be applicable to:
(1)   Authorized law enforcement officers;
(2)   The armed forces of the United States, including ROTC units and the National Guard in the performance of their duties;
(3)   The carrying of unloaded and uncased rifles in parades or using rifles in ceremonials;
(4)   The possession of rifles, machine guns, or shotguns at shows or exhibits; or
(5)   Any other lawful use, purpose or activity, including but not limited to skeet and trap shooting, target shooting at rifle ranges, hunter safety instruction conducted by qualified instructors, when such do not endanger public safety or are detrimental to public welfare; provided, however:
a.   The prior approval of the police chief shall have been obtained for such use, purpose or activity; and
b.   With respect to skeet and trap shooting ranges located or to be located in public parks, the final determination of the safety of the same shall be made by the city council.
(Code 1980, ? 20-195; Ord. No. 33113, ? 3, 11-23-93; Ord. No. 33757, ? 7, 12-19-95; Ord. No. 36361, ? 2, 8-19-03)

Lastly, if you ride your snowmobile to the range, then no matter where you are in Nebraska, you can not carry any sort of firearm with you unless it is unloaded and cased.

« Last Edit: April 18, 2009, 06:49:12 PM by Jay »

Offline Jay

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Re: Question regarding transportation of firearms (Omaha)
« Reply #3 on: April 18, 2009, 06:29:42 PM »
Another thing that I want to mention here is that because of the complexity and non conformance of laws throughout the state, NEVER give consent to any officer to conduct a search.

You could be the most law abiding citizen in the state and have done everything in your power to conform to all state and local regulations, but you never know when you may have overlooked something, or been given false or outdated information by someone, even by someone in law enforcement.

If you have a Nebraska Concealed Handgun Permit and are carrying concealed while a law enforcement officer makes contact with you, then immediately inform the officer that you are carrying concealed and obey all further commands. In all other cases, never volunteer any unnecessary information, and never give consent to a search. If they have probable cause or a warrant then fine, but without that, politely decline and be on your way.

Personally, I would never give consent to a search no matter what the circumstances just out of principle, but that is just me. Never let anyone make you feel guilty for exercising your rights.

« Last Edit: April 18, 2009, 08:03:46 PM by Jay »

Offline Roper

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Re: Question regarding transportation of firearms (Omaha)
« Reply #4 on: April 18, 2009, 07:42:53 PM »
No matter how many times I read these types of questions and reply's I always learn something new.  This forum is extremely valuable - thanks to those who put this together and keep it going.  I travel to Omaha on business several times per month.  I have chosen not to carry when I head that direction, hoping that LB 430 will resolve our issues.  If not, I will probably be forced to register my carry weapon.  Thanks again.
Concentrated power has always been the enemy of liberty.
Ronald Reagan

Offline Burnsy87

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Re: Question regarding transportation of firearms (Omaha)
« Reply #5 on: April 19, 2009, 10:37:42 AM »
That was the most complete reply I think I've ever seen on any board, thanks Jay.  Cleared a lot up.

I'm also a huge fan of not consenting to searches, not to be arrogant or anything, but just because it is my vehicle.  It earned me a ticket a couple of summers ago, but oh well.

Offline Wymore Wrangler

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Re: Question regarding transportation of firearms (Omaha)
« Reply #6 on: April 19, 2009, 07:08:00 PM »
Doesn't the 1984 Firearm Owners Protection Act state that you can transport "any" legal firearm through a restrictive jurisdiction as long as its stowed where it can be accessed.  So if I'm right about this, federal law should trump local law...

Offline Dan W

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Re: Question regarding transportation of firearms (Omaha)
« Reply #7 on: April 19, 2009, 10:19:44 PM »
Doesn't the 1984 Firearm Owners Protection Act state that you can transport "any" legal firearm through a restrictive jurisdiction as long as its stowed where it can can  not be accessed.  So if I'm right about this, federal law should trump local law...
fixed it for ya


And ,  knowing that, one might think that Omaha would change the law, but Noooooo....  This is why LB430 is so important
Dan W    NFOA Co Founder
Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom.   J. F. K.

Offline Wymore Wrangler

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Re: Question regarding transportation of firearms (Omaha)
« Reply #8 on: April 20, 2009, 07:58:40 PM »
Dan, many thanks, fat fingers...

Offline FreedomOne

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Re: Question regarding transportation of firearms (Omaha)
« Reply #9 on: April 24, 2009, 07:16:56 AM »
Interesting to see that those Omaha ordinances were all made years after the Constitution was ammended in 1988 to read: "the right to keep and bear arms for security or defense of self, family, home, and others, and for lawful common defense, hunting, recreational use, and all other lawful purposes, and such rights shall not be denied or infringed by the state or any subdivision thereof." So tell me, aren't all these ordinances infringing on our rights?

Offline ranger04

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Re: Question regarding transportation of firearms (Omaha)
« Reply #10 on: April 24, 2009, 09:56:44 AM »
Interesting to see that those Omaha ordinances were all made years after the Constitution was ammended in 1988 to read: "the right to keep and bear arms for security or defense of self, family, home, and others, and for lawful common defense, hunting, recreational use, and all other lawful purposes, and such rights shall not be denied or infringed by the state or any subdivision thereof." So tell me, aren't all these ordinances infringing on our rights?

  This is exactly the way I read it. I am no Einstein but I can read and comprehend what I read and it looks to me like the "the state and subdivisions thereof" HAVE infringed on our rights. I am wondering just how many state senators have read the Nebraska Constitution? The drinking and driving senator touched on it yesterday during LB430 debate but I guess the meaning just never sunk in. She was concerned about  if the 2nd Amendment allowed CCW. There wasn't really an answer given, (however I was yelling at the computer that it did). The right to keep an bear arms to me means that I can have guns and can bear them, either it be on a belt or in my pocket.

Offline Josh1776

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Re: Question regarding transportation of firearms (Omaha)
« Reply #11 on: April 24, 2009, 09:32:51 PM »
In Omaha ordinance Sec. 20-195 what does "holster type gun case," mean?
"The whole aim of practical politics is to keep the populace alarmed (and hence clamorous to be led to safety) by menacing it with an endless series of hobgoblins, all of them imaginary." -H.L. Mencken

Offline JimP

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Re: Question regarding transportation of firearms (Omaha)
« Reply #12 on: April 24, 2009, 09:37:56 PM »
In Omaha ordinance Sec. 20-195 what does "holster type gun case," mean?

IDK..... I carry mine an IWB type hoster......
The Right to Keep and BEAR Arms is enshrined explicitly in both our State and Federal Constitutions, yet most of us are afraid to actually excercise that Right, for very good reason: there is a good chance of being arrested........ and  THAT is a damned shame.  III.

Offline Josh1776

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Re: Question regarding transportation of firearms (Omaha)
« Reply #13 on: April 24, 2009, 09:47:44 PM »
It appears that Omaha ordinance Sec. 20-195(a) is refering to to shotguns when it says "holster type gun case," so I was wondering if my shotgun is unloaded in my zipperd soft case in my trunk am I conforming Omaha's transportation requirements for shotguns?
"The whole aim of practical politics is to keep the populace alarmed (and hence clamorous to be led to safety) by menacing it with an endless series of hobgoblins, all of them imaginary." -H.L. Mencken

Offline rich17z

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Re: Question regarding transportation of firearms (Omaha)
« Reply #14 on: April 29, 2009, 11:03:00 PM »
I just got off the phone with a police officer friend of mine that works the front desk and he said that,1.  It is up to the officers descretion either to give you the gun back or have it confiscated.  but,if you are from out of Omaha and have a state fireams buyers card and ccw permit from the state and all checks out ok with no wants or warrants,you can procede on to where you are going.  I know that the Omaha police officers that I know and go shooting with would let you go if you have both cards and everything on your police record is on the up and up,the locals here would let you go.rich17z@cox.net

Offline JimP

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Re: Question regarding transportation of firearms (Omaha)
« Reply #15 on: April 30, 2009, 12:00:47 PM »
I just got off the phone with a police officer friend of mine that works the front desk and he said that,1.  It is up to the officers descretion either to give you the gun back or have it confiscated. 

I don't like that AT ALL.

If the cop is having a bad day or does not like you/the clothes you are wearing/the color of your skin/your attitude/the bumpersticker on your car/WHATEVER ....... you lose your gun.  That's "Equality Before the Law" ?!?!?!!  Due process???!!!  That looks like a recipe for abuse.
The Right to Keep and BEAR Arms is enshrined explicitly in both our State and Federal Constitutions, yet most of us are afraid to actually excercise that Right, for very good reason: there is a good chance of being arrested........ and  THAT is a damned shame.  III.

Offline Jay

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Re: Question regarding transportation of firearms (Omaha)
« Reply #16 on: April 30, 2009, 12:07:20 PM »
Exactly, Jim. Not only that, but you are not required to have a purchase permit to possess or carry a gun, nor should you.

Never trust your fate to someone else's discretion.