General Categories > Carry Issues
law student with to much time...
CitizenClark:
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bullit:
Knowing that you Citizen Clark are an attorney, would you please answer a question my research gives varying answers to? All things you, honest good guy walking down the street OCing....when a LEO asks to see your ID, are you required to provide such? Even less than that are you required in some way to identify yourself i.e. give them your name? My research indicates different states have varying laws. What does Nebraska's say? Thanks
cckyle:
bullit...I know I'm not Clark nor am I an attorney but I'll throw my 2 cents in.
Nebraska is an "open carry state." There are no laws/regulations regarding open carry of a firearm (at least state laws). LEOs cannot just randomly stop you and request ID for no reason. There would need to be something to the effect of reasonable suspicion you were involved in a crime. Our streets are not random checkpoint areas where an LEO can stop you for no reason just to make sure you are up to no good. Just like you can't be pulled over in a motor vehicle for no reason. Since carrying a firearm openly is within your legal right it really is no different than carrying your cell phone, laptop, or any other object you are legally allow to possess and carry. You wouldn't be stopped and hassled to give an LEO your ID for carrying any of those things.
I haven't heard of this in Nebraska, but I have heard of people being charged with something to the effect of disturbing the peace or disorderly conduct due to open carrying.
Omaha is a different story. You have to have an "open carry permit" to open carry unless you are already a CHP holder. I do not know what the specific protocol is for Omaha police officers when they get a call that a man has a gun. I bet though it involves stopping them, getting an ID, and ensuring they have an "open carry permit."
bullit:
cckyle....everything you've stated with regards to OC I am already familiar with and appreciate your reply. OCing is not my concern. That being said, a LEO can stop and request if they want to ...whether you have to comply with the request under NE law is my question.
As the video in the OP is our example..."a man with a gun" call goes in to dispatch....they PO PO respond and request your "papers"...then back to my question.....
CitizenClark:
--- Quote from: bullit on February 27, 2013, 07:35:17 AM ---Knowing that you Citizen Clark are an attorney, would you please answer a question my research gives varying answers to? All things you, honest good guy walking down the street OCing....when a LEO asks to see your ID, are you required to provide such? Even less than that are you required in some way to identify yourself i.e. give them your name? My research indicates different states have varying laws. What does Nebraska's say? Thanks
--- End quote ---
This is not a topic on which I have done extensive research, so I would caution you not to rely on this information as legal advice. However I think you will find this Wikipedia article informative, and it is correct so far as I have been able to ascertain in my limited research: http://en.wikipedia.org/wiki/Stop_and_identify_statutes#Variations_in_.E2.80.9Cstop_and_identify.E2.80.9D_laws
I think that the police officer needs to have some reasonable basis for believing that the person has committed, is committing, or is about to commit a crime, but I would want to confirm that with a criminal defense specialist before I would feel comfortable telling you that is the way that it is.
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