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]

so are you giving up your open carry rights if you get a CC permit?

Kinda appears like it.........Unfortunately.

sfg

[Bucket]

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?

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]

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

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.

[bullit]

CHP has no bearing on your legal rights to OC.  That being said, it has been determined (and you or someone else can look it up) that you are NO LONGER afforded the right of "affirmative defense" in carrying concealed in say a bank.

[Bucket]

CHP has no bearing on your legal rights to OC.  That being said, it has been determined (and you or someone else can look it up) that you are NO LONGER afforded the right of "affirmative defense" in carrying concealed in say a bank.

So back to the original question:  I grab a few beers with a buddy.  Not drunk but obviously can't carry concealed.  Am I ok to take the weapon out and put it on the seat beside me (outside Omaha that is)?  I'm making the assumption that open carry doesn't have the same "zero tolerance" alcohol rules that CCW does.

[SemperFiGuy]

Are you suggesting that having a CHP means no longer having the right to open carry?

I'm saying out loud and clearly that I simply don't know.   And that no one else does, either.   Because.....this issue is not clearly covered in the laws and won't be until it is decided in a court case, thereby becoming case law.

Until such time, it dangles out there.   Best to take a conservative approach in the meantime.

sfg

[Bucket]

I'm saying out loud and clearly that I simply don't know.   And that no one else does, either.   Because.....this issue is not clearly covered in the laws and won't be until it is decided in a court case, thereby becoming case law.

Until such time, it dangles out there.   Best to take a conservative approach in the meantime.

sfg

So you're saying you don't know?

[SemperFiGuy]

Clearly, I am saying that I do not know.

CHP rules say that no part of the handgun may show.

Open Carry has no statewide written rules, but lots of parts of the handgun do show during open carry.  Which violates the written CHP rule for CHP holders.

Almost quaiifies as being a dilemma.   With horns.

As a CHP holder, I intend to continue to carry with no part of the handgun showing.   And continue not to imbibe any alcohol before or while carrying.   A conservative approach.   But then, I've always been a conservative kinda guy.

sfg

[Dan W]

Which violates the written CHP rule for CHP holders.

What rule?  There are legal definitions of concealed and not concealed, but no rule I know of that requires a CHP holder must remain at all times concealed

[SemperFiGuy]

Title 272, Nebraska Administrative Code
Chapter 21
Section 002.03 Definitions
“Concealed handgun” shall mean totally hidden from view with no portion of the handgun visible.

sfg

[GreyGeek]

There was a time when open carry wasn't a political issue because everyone understood what the Founding Fathers meant when they wrote it.  And, as I've written before, no one showed the slightest concern when I, a teenager, rode a bus or my bike carrying a large caliber rifle(s).

 That was before 1968, when Charles White shot up the University of Texas campus shooting a high powered rifle from a tower. (I was in grad school in Abilene, TX, at the time.)   Since then the meaning of the 2nd Amendment has been and continually is under political revisionism.  That which "shall not be infringed" has been, and now we are discussing if one law which infringes the 2nd Amendment can abrogate the plain meaning of the 2A.   To my old eyes and mind it is both amazing and disgusting.

But, considering the political realities, and how many bitterly cling to their nanny state for safety and permission to do what they used to have an "unalienable right" to do,  IMO it would be wiser to never carry open.   First, it would alarm the fearful thumb suckers.  Second, it would make the person a target of political agenda groups.  Third, it would mark someone as a potential target for future assault specifically to steal the weapon.     Carrying open doesn't give someone eyes in the back of their head, and if unseen a pipe or piece of 2X4 to the back of the head means they are out of action and no longer in possession of their weapon.   CCW gives the necessary secrecy and surprise.  OC totally destroys that.  Which, BTW, is why I am for the law which prohibits posting the names of CHP holders in the news papers or websites, and why others, on the Left, against it.

[CitizenClark]

Title 272, Nebraska Administrative Code
Chapter 21
Section 002.03 Definitions
“Concealed handgun” shall mean totally hidden from view with no portion of the handgun visible.

sfg

The language above isn't a restriction. It is a definition of what "concealed" means.

Dan W is correct.

[CitizenClark]

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.

Yes, this.

[SemperFiGuy]

The language above isn't a restriction. It is a definition of what "concealed" means.

Dan W is correct.

Parse it as you will.   My energy on this item has been fully expended.

sfg

[Dan W]

There is no "rule" that a Nebraska CHP holder may never carry openly no matter how you parse it.

[JimP]

Was this after he checked your license?  I didn't think CHP status was linked to vehicle registration, just to DL number. 

Before I handed him my DL, he asked where my gun was.

I had been pulled over before while carrying, and I am thinking someone may have made a note of it.

[DaveB]

There is no "rule" that a Nebraska CHP holder may never carry openly no matter how you parse it.

I have emailed the SP twice with this question of OC with a CCW permit. Twice I got no reply. I have called once, was supposed to call me back with an answer after checking it out, never got a return call.

I am going to guess that they are waiting for a chance to try out some prosecutors ability to make something legal illegal.