State Legislative Action

[ruahusker]

I just sent an email to my State Legislative representative.  Just thought I would share so that I may encourage others to do the same.

Thanks!

Senator Campbell,

As a constituent and neighbor (I live over on XXXXX).  I wanted to write to you as a responsible, law abiding firearm owner.  There are two things I wanted to address that I hope can be brought up in the current legislative session or next.  The first is that I would like the Legislature to address the issue of the lack of State pre-emption with regard to gun laws that are on the books at the State level.  Currently State law allows for each municipality to adopt its own regulations with regard to concealed carry, permit issuance, open carry, etc.  This leads to a patchwork of laws that make if difficult for anyone who travels around the state to comply.  I would propose that the State Legislature write a law where State law preempts any local laws that have to do with firearms.

The second issue I would like to address is that I would love for the State of Nebraska to consider allowing legal concealed carry without a permit issuance process.  Several States either have this law on the books, or are currently considering it.  It is my understanding that the current permit issuance process is burdensome to the state due to the amount of time it takes to do background checks, process paperwork, and issue the permits.  Plus there is the burden of the hefty $100 fee for the citizen.   Of course there would still be prohibitions where people who are currently not pe rmitted to own firearms can not do so legally.   Here is a link to an article about States that have already passed, or are considering this very option.

http://usatoday30.usatoday.com/news/nation/story/2012-03-05/drivers-license-gun-permits/53391932/1

Thank you so much for your time,

[Dan W]

Currently State law allows for each municipality to adopt its own regulations with regard to concealed carry

That part right there... is not true. Statewide preemption of  all regulations concerning any CHP holder passed several years ago

[ruahusker]

That part right there... is not true. Statewide preemption of  all regulations concerning any CHP holder passed several years ago

I thought that just had to due with Omaha requiring CCW holders to register their "concealable" firearms like the rest of folks there?  Can a municipality not pass their own ordinance about where one can carry concealed?  It is quite possible you are correct, and if so, thanks for pointing that out. Regardless though, as the rest of my sentence pointed out local municipalities can still regulate permits, open carry, and the like if I'm not mistaken.

Thanks
Steve

[AAllen]

The state preempted city ordinances for people with concealed carry permits, then since the City of Omaha did not want to follow that the following year they added language and scolded the city for failing to follow their directions.

[DanClrk51]

http://www.nebraskalegislature.gov/laws/statutes.php?statute=18-1703

18-1703. Ownership, possession, and transportation of concealed handguns; power of cities and villages; existing ordinance, permit, or regulation; null and void.

Cities and villages shall not have the power to regulate the ownership, possession, or transportation of a concealed handgun, as such ownership, possession, or transportation is authorized under the Concealed Handgun Permit Act, except as expressly provided by state law, and shall not have the power to require registration of a concealed handgun owned, possessed, or transported by a permitholder under the act. Any existing city or village ordinance, permit, or regulation regulating the ownership, possession, or transportation of a concealed handgun, as such ownership, possession, or transportation is authorized under the act, except as expressly provided under state law, and any existing city or village ordinance, permit, or regulation requiring the registration of a concealed handgun owned, possessed, or transported by a permitholder under the act, is declared to be null and void as against any permitholder possessing a valid permit under the act.


Source

    Laws 2009, LB430, § 5;
    Laws 2010, LB817, § 2.

[ruahusker]

http://www.nebraskalegislature.gov/laws/statutes.php?statute=18-1703

18-1703. Ownership, possession, and transportation of concealed handguns; power of cities and villages; existing ordinance, permit, or regulation; null and void.

Cities and villages shall not have the power to regulate the ownership, possession, or transportation of a concealed handgun, as such ownership, possession, or transportation is authorized under the Concealed Handgun Permit Act, except as expressly provided by state law, and shall not have the power to require registration of a concealed handgun owned, possessed, or transported by a permitholder under the act. Any existing city or village ordinance, permit, or regulation regulating the ownership, possession, or transportation of a concealed handgun, as such ownership, possession, or transportation is authorized under the act, except as expressly provided under state law, and any existing city or village ordinance, permit, or regulation requiring the registration of a concealed handgun owned, possessed, or transported by a permitholder under the act, is declared to be null and void as against any permitholder possessing a valid permit under the act.


Source

    Laws 2009, LB430, § 5;
    Laws 2010, LB817, § 2.

So this still allows municipalities to regulate Open Carry, correct?

[bullit]

So this still allows municipalities to regulate Open Carry, correct?

Yes, but ONLY those individuals WITHOUT a concealed handgun permit.  An example .....  Omaha can and does "regulate" OC.  If a non-CHP holder, you must have their "permission card" to OC after taking their approved course (offered at National Safety Council).  This regulation does NOT apply to individuals with a Concealed Handgun Permit issued by Nebraska or a non-Nebraska resident with concealed permit from their respective state.....