concealed carry in NE

[ajsumms]

I recently heard that CCW permit is not actually needed in Nebraska. I did some research and all I could find was about Initiative Measure No. 403. The way I read it (in laymen term) you do not need a permit to carry concealed. As long as you can and have the right to own a fire arm the state, being a servant to the people, cannot touch your arms. I'm just looking for someone to show me something that states I MUST have a CCW permit to conceal my firearms. Thank You!!!

[bkoenig]

If you get caught with a concealed weapon and no permit you will be arrested and will stand trial.  You can use the Affirmative Defense method of defending yourself, which basically means that you admit you were carrying concealed without a permit but were doing so while carrying out a lawful action.  I wouldn't risk it unless you like to gamble and have a lot of money to throw at lawyers.

[Gary]

If you have a job that dictates the necessity of protecting cash or valuables, you may pull that off.  If you get stopped by a old timer, he will understand the law you are trying to comply with, and he makes a judgment call if you are being just and prudent in your actions.   If he finds fault with your actions, off you go to jail to explain it all to a judge.  Attested on a Friday afternoon, possibly going to get three hots and a cot all weekend and see a judge on Monday.

If on the other hand, you get a trooper fresh out of the academy, likelihood you will go to jail and a judge decides.

In the old days, police called it the just and prudent man rule.    Todays law enforcement does not so much go by it. 

In the eyes of the law, you in fact have fewer rights with a CCW permit in Nebraska. However, that all depends what light that law is interpreted under.

Me personally, I am becoming less and less trustful of anything gov, and I have decided it is time to get under the CCW statutes. 

In a grocery store buying groceries, and someone sees you printing (gun seen under clothes via outline) and the cops are called.  You have a R rated film you are renting on terrorists, a quart of milk, a bottle of wine, a 6 pack of beer, and a bag of grapefruit.  Are you better off with a CCW permit, or better off with the Just and Prudent man rule?

You own a gun store, and it is closing time.  Winter, and it is dark out.  You have a gun on your side, under your coat.  A police officer walks up to see what you are doing.  You own the store, no CCW permit, and your gun is hidden under your coat, while you were locking up.  Would any officer think your actions were just and prudent?

In the last case, few officers would challenge your decision to protect your shop, and the daily receipts, with or without a concealed carry permit. .   

[ajsumms]

Thanks, I was just wondering if there was any truth to what was said. I was told there was an NRA rep at Cabelas that said not to do the class and that you didn't need it. I'm not opposed to the classes. I'm sure I could use more training. Also, I think the $100+ is going to be much cheaper than court cost or lawyer fees.

[00BUCK]

an NRA rep at ...

Clue number 1.

[bullit]

You own a gun store, and it is closing time.  Winter, and it is dark out.  You have a gun on your side, under your coat.  A police officer walks up to see what you are doing.  You own the store, no CCW permit, and your gun is hidden under your coat, while you were locking up.  Would any officer think your actions were just and prudent?

Gary...would not apply...YOUR gun store is private property....just like your home.

I'm not opposed to the classes. I'm sure I could use more training.

ajsumms...please understand the NE CHP course is NOT a "training" course per se.  It essentially instructs you on the law and has a MINIMAL qualifying range portion.  GO TRAIN all of you/us....

[Phantom]

Thanks, I was just wondering if there was any truth to what was said. I was told there was an NRA rep at Cabelas that said not to do the class and that you didn't need it. I'm not opposed to the classes. I'm sure I could use more training. Also, I think the $100+ is going to be much cheaper than court cost or lawyer fees.

ajsumms your right it's going to be more then just $100+   
The + is going to be more like an extra $150

For those who may not know for getting your CCW you'll need.
 
1. Your completed (and Notarized) Application for a Nebraska Concealed carry permit form   
2. A Certificate showing you've completed a CCW Class from an approved instructor on the Nebraska highway patrol's approved instructor list (also see note below)
This  class usually costs about $150 but prices vary from instructor to instructor
((you will also need the use of a handgun and at least 50 rounds of ammo for it....and this may mean that you'll have to have a "Nebraska handgun purchase permit" as well)).

3. a Nebraska Drivers License
4. an Official (state stamped) Copy of your Birth Certificate.
5. Your self for submitting the above paper work and finger printing.
6. Your $100 fee.
 
(Note: there are a few options here that may work in place of this requirement such as very recent or current military service or holding a current CCW permit issued by another state from the Nebraska approved list "can or might" negate the need for the class)


Also be aware Nebraska State patrol personnel will not or can not "notarized" your Application form for you......you'll need to get this done by a 3rd party.

"Note CCW is being used in-place of CCP or other acronyms used by various other states for the same type of permit"

Still as you say cheaper than court costs or lawyer fees.




Phantom

[Randy]

Do not forget NE proof of residency must live in NE 180 days.

This can be a bank statement, auto registration and or past bill statement.
Basically anything with your name and date on it.
These are just two examples.

Excuse me if this was previously covered.

[GreyGeek]

I was told there was an NRA rep at Cabelas that said not to do the class and that you didn't need it.

That is asinine.   Even if a signed and notarized proof of class attendance and passage of the test with 70% or better, and qualifying on the gun range  were not needed, I found them very useful beyond the legal requirements.   First and foremost it exposed me to highly qualified instructors who were more current in firearms and laws than I had been, and showed me the necessity of further training to develop my skills.

Carrying concealed without a CHP is  often called "2nd Amendment Carry" because it honors the "shall  not be infringed" part of the 2nd Amendment, even though  it violates laws which violate the 2A.   But, even though the 2nd Amendment "shall  not be infringed", enough lawmakers violated their oath of office to pass laws infringing the 2A and as law abiding citizens  we abide by the laws.   From now  on I am making sure I vote only for those who promise to honor their Constitutional Oath and in doing so help to restore the Constitution to its former honor as THE supreme law of the land.

Now, if you have enough money and good enough lawyers perhaps you can challenge the constitutionality of those anti-2A laws.  It will take  a minimum of 5 to 10 years and there are no guarantees.   For  the first  3rd  of my life one  could buy firearms at hardware stores, sporting goods stores, sears and  even mail order houses, and get them delivered to your door.  It was not uncommon to see rifles in racks in the back window of pickup trucks in my HS parking lot, or to see a person move a pistol from one pocket to another while retrieving change from the pocket that had the gun in it.   When I was 16 I rode a bus three miles home from a sporting goods store holding two M1 Garands and no one gave me a second glance.  I often rode my bike from my home to Cherry Creek Reservoir, to the mountains, carrying a rifle tied to my handle bars.  I never got stopped once by any police.    I would love to see that kind respect for the 2A return to our society.   Crazy or evil, bad guys knew that everyone was, or could be armed, and there were no "gun free zones" offering them free shooting ranges to gain national media attention unopposed.

[Mkdonald]

I am attempting to move back to NE after a long absence. I have ccw permit in PA. I have handguns and long guns. I will probably reside near or in Omaha or suburbs. Looking for advice on complying. I assume the best bet is to get ccw so that I don't have to register? Also, what about the time period to establish residency?

[Chris Z]

180 days to establish residency.... Unless you are active duty military stationed here, then you are exempt

Get here, get signed up for a class (as they are usually booked out), then when your 180 days is up you can go apply

[FarmerRick]

I am attempting to move back to NE after a long absence. I have ccw permit in PA. I have handguns and long guns. I will probably reside near or in Omaha or suburbs. Looking for advice on complying. I assume the best bet is to get ccw so that I don't have to register? Also, what about the time period to establish residency?

Your best bet is to NOT move into the city limits of Omaha, or anywhere they may annex in the coming years... and get your permit.

[Mkdonald]

Do I need to wait to get a NE drivers license before attending a CCW course?

[HuskerXDM]

You'll need the drivers license unless you have active duty military ID.  The license # is on your certificate for completing the class.

[rudy]

180 days to establish residency.... Unless you are active duty military stationed here, then you are exempt

Get here, get signed up for a class (as they are usually booked out), then when your 180 days is up you can go apply

Isn't there also an exemption to the 180 day wait for those that hold a permit to carry in another state when moving to NE?  He says that he holds a PA permit.

[Chris Z]

Yes there is only if Nebraska honors the Pennsylvania permit which they do not

[t.horn]

I am attempting to move back to NE after a long absence. I have ccw permit in PA. I have handguns and long guns. I will probably reside near or in Omaha or suburbs. Looking for advice on complying. I assume the best bet is to get ccw so that I don't have to register? Also, what about the time period to establish residency?

MKDonald

Check out this link from the city of Omaha's web site.

http://opd.ci.omaha.ne.us/services/citizen-services/handgun-registration#1


T.horn

[OnTheFly]

Also be aware Nebraska State patrol personnel will not or can not "notarized" your Application form for you......you'll need to get this done by a 3rd party.

I disagree, at least for the LINCOLN OFFICE.  Maybe it is different at each NSP office.  The following is from my post in the "Nebraska CHP renewal information" thread...

Ok here is the gouge.  I went to the Lincoln NSP CID office to submit my renewal form today.  A few points of interest.

• Before I went in I had the form notarized for free at my bank.  When I arrived at the NSP office, I asked again whether they would notarize the form.  She assured me that they have 2 or 3 notaries in the office at all times and that they WOULD notarize the form.  Just be sure not to sign it until you are in the office with the notary.
• They said to expect the new permit in approximately seven days, which I assume is the 5 days + a couple for mailing time.
• They said that I could destroy my old CHP when the new one arrived.  No need to return it.

Hope that helps others.  All-in-all a painless process, and the young ladies at the NSP are quite nice.

Fly

[bkoenig]

I agree with GreyGeek, even if you don't want the CHP the class is worth taking.  I took my class from Chris Z. and found it to be very useful.  Just the legal aspects of the class made it very worthwhile.