General Categories > Carry Issues
Carry options for my 18 year old heading to UNL
ragedefined:
Digging deeper into federal views on open carry. It appears that there is no actual open carry federal law. (That I can find anywhere). Only that a juvenile, under 18, cannot be in possession of a hand gun except the exclusions with an adult and military jazz. 18 USC 922 (x) (1). The federal government then leaves it up to the states to decide their open carry laws. Nebraska is an anomalous open carry state. Which basically means it has some grey areas to say the least.
In Nebraska's constitution it states, the right to keep and bear arms for security or defense of self, family, home, and others, and for lawful common defense, hunting, recreational use, and all other lawful purposes, and such rights shall not be denied or infringed by the state or any subdivision thereof.
So since there is no state law banning open carry, it is legal, except omaha. Omaha has created limits on open carry. So as long as one follows the federal laws on purchasing a handgun and a right to possess it and carry it, you can open carry outside of omaha limits if you are 18+ and are gifted the hand gun or 21+ with permit or license.
Now before conceal carry was granted in 2006 or 2007 (can't remember) the only way you could carry was open. Legally. No NE state law was in place to have any ban on it. As long as you were 18+.
SemperFiGuy:
Actually, Nebraska has always had the prudent person provision for concealed carry:
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28-1202. Carrying concealed weapon; penalty; affirmative defense.
(1)(a) Except as otherwise provided in this section, any person who carries a weapon or weapons concealed on or about his or her person, such as a handgun, a knife, brass or iron knuckles, or any other deadly weapon, commits the offense of carrying a concealed weapon.
(b) It is an affirmative defense that the defendant was engaged in any lawful business, calling, or employment at the time he or she was carrying any weapon or weapons and the circumstances in which such person was placed at the time were such as to justify a prudent person in carrying the weapon or weapons for the defense of his or her person, property, or family.
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Presumably for business persons who carry a large amount of cash, citizens under death threats (whatever), stalking victims, etc., etc.
However, the courts have never liked it very much.
Would be interesting to have summaries of all the past case law decisions which have applied to this provision.
sfg
FWIW, the Concealed Handguy Law was passed on January 1, 2007 after the Governor signed LB 454, which was passed by the Unicameral in 2006..
Dave67h:
--- Quote from: ragedefined on November 17, 2013, 04:08:54 PM ---i am NEW to this forum, loving it so far.
first of all i am a huge open carrier, hard core actually.
If your son is looking for the best option for security i would have your son OPEN CARRY a hand gun. An 18 year old can not legally purchase a hand gun because he can not obtain a permit to purchase until 21 sadly. He CAN though receive one as a gift. If he is gifted a handgun it is legal for him to open carry his sidearm. federal law states that 18+ can open carry unless the state has made it more strict, which nebraska has not. Lincoln does not require a permit to open carry in their city, only omaha has that.
So 18, gifted a handgun, open carry on person and when transporting in a vehicle it CAN be loaded, one in the chamber if desired, but must be in plain sight at all times, never concealed unless ammo and gun are separated completely in two separate areas, one out of reach totally. Of course campus rules are law while on campus, but outside campus this should all apply.
I have done ALOT of research on open carry because it is what i do every day. Not everyone is comfortable with it but i rather carry open then carry a sharp piece of metal…… my opinion of course :P but this is a great option.
i always encourage people to do their own research so they can be fast and confident in what they are doing.
Any questions, feel free to message me!
--- End quote ---
+1
I'm under 21 (but over 18) and I open carry semi-frequently. I work for a land surveying company part-time and am often out in Western Nebraska by myself and carry a handgun for protection from critters. (Particularly the mountain lion and snake variety)
I have yet to OC in Lincoln but I am trying to work up the courage to do it. I feel like it could be a good thing to have a young "hip" guy doing it.
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