General Categories > Carry Issues
Conceal Carry question.
2guns:
What I'm asking is can you just open carry if you have had a beer or two? Having a conceal carry or only if you don't, so are you giving up your open carry rights if you get a CC permit?
SemperFiGuy:
--- Quote ---so are you giving up your open carry rights if you get a CC permit?
--- End quote ---
Kinda appears like it.........Unfortunately.
sfg
Bucket:
--- Quote from: 2guns on April 25, 2013, 09:33:22 PM ---Do you give up your open carry rights when you get your CC. I'm saying I can go for a beer or two and drive home with my pistol sitting on the seat next to me no problems , so if you do have a CC then can you chose to open carry ? And avoid the rules of CC?
--- End quote ---
Not sure if anyone saw this or just chose not to respond, but I was wondering this myself so I thought I'd reply and rephrase
1) Per the scenario above, I'm a CCW holder but meet a friend while carrying. Obviously concealed carry is illegal if you have detectable alcohol in your system. Without reference to whether it's a good idea, is it legal to carry the weapon in the open after I've had a beer or two but still legal to drive? What about in Omaha?
2) What if I secure the weapon in an inaccessible area, i.e a locked container in the trunk or something like that?
SemperFiGuy:
Bucket:
(2) First......If the handgun is secured in an inaccessible area, then it is no longer being carried concealed.
(1) is knottier. Most CHP folks know this part of NAC Title 272, Ch. 21:
"002.03 Concealed handgun shall mean totally hidden from view with no portion of the handgun visible." (The Concealed-Means-Concealed definition and all that.)
If any ruling or determination of this aspect of the NE CHP law has been made, it hasn't popped up in the usual places, like this forum. Strict interpretation would seem to indicate that any kind of open carry is prohibited to CHP holders.
So--anybody who wants to be a test case, OK by me. Got the summer off now and would be pleased to come watch the court proceedings. But I ain't gonna volunteer to be the First Offender.
FWIW--I just renewed and do carry the Omaha Handgun Identification Card, which is the Omaha permit for Open Carry (I also teach those classes.) But that's just against the possibility that my concealed handgun would someday flash and just maybe the Omaha LEO could be convinced by the HIC card that's it's OK.
sfg
Bucket:
--- Quote from: SemperFiGuy on April 29, 2013, 11:10:32 AM ---Bucket:
(2) First......If the handgun is secured in an inaccessible area, then it is no longer being carried concealed.
(1) is knottier. Most CHP folks know this part of NAC Title 272, Ch. 21:
"002.03 Concealed handgun shall mean totally hidden from view with no portion of the handgun visible." (The Concealed-Means-Concealed definition and all that.)
If any ruling or determination of this aspect of the NE CHP law has been made, it hasn't popped up in the usual places, like this forum. Strict interpretation would seem to indicate that any kind of open carry is prohibited to CHP holders.
So--anybody who wants to be a test case, OK by me. Got the summer off now and would be pleased to come watch the court proceedings. But I ain't gonna volunteer to be the First Offender.
FWIW--I just renewed and do carry the Omaha Handgun Identification Card, which is the Omaha permit for Open Carry (I also teach those classes.) But that's just against the possibility that my concealed handgun would someday flash and just maybe the Omaha LEO could be convinced by the HIC card that's it's OK.
sfg
--- End quote ---
Thanks for weighing in. I certainly have no intention of being the test case, or even testing it down the road. Since open carry is legal outside of Omaha, I'm just wondering if unconcealing the weapon eliminates some of the requirements inherent in the CHP.
Are you suggesting that having a CHP means no longer having the right to open carry? I thought the CHP was a statutory exemption to the law against carrying a concealed weapon.
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