NFOA MEMBERS FORUM
General Categories => Laws and Legislation => Topic started by: BrettR on January 22, 2019, 08:32:28 PM
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Perhaps this topic has been mentioned in previous threads but I was curious if someone could provide a list of local gun regulations that exist across Nebraska. For instance, I found that Blair prohibits open carry. As I regularly travel across the state I'd like to be better informed of the local gun laws in hopes to remain out of the law enforcement spotlight!
Thanks in advance!
Brett
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I am all for getting this out for others to know as well.
Although there is a good deal of knowledge regarding Omaha and Lincoln, and somewhat Blair, we would need members in the various communities to post the rules in their area.
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Gun Laws........
If allowed at all,
Should be allowed no lower than the state-statute level.
Otherwise, they create a trap for law-abiding citizens to stumble into.
And wind up with an inadvertent felony record.
Omaha's Handgun Registration Law is the perfect example, among many.
FWIW,
sfg
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Call me ignorant but I was under the impression that there is state pre-emption in Nebraska with Omaha having an exception - apparently Lincoln has an exception and maybe others. I hope I don't get arrested for not knowing every city, town, and county laws.
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I hope I don't get arrested for not knowing every city, town, and county laws.
You have nicely captured the essence of my post.
Yes. CHP Holders are exempt from Omaha's Handgun Registration and Open Carry municodes. But not Ordinary, Everyday Citizens.
And Lincoln, Blair, and other cities have other gun laws without exemptions.
It's a jungle out there.
sfg
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And a Bit More from the Nebraska State Constitution:
I-1. Statement of rights.
All persons are by nature free and independent, and have certain inherent and inalienable rights; among these are life, liberty, the pursuit of happiness, and 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. To secure these rights, and the protection of property, governments are instituted among people, deriving their just powers from the consent of the governed.
When I first read that section of the Nebraska Constitution many years ago, it was very reassuring that I had moved to the right state. But I've since found out that it sorta doesn't mean squat. :P
sfg
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Call me ignorant but I was under the impression that there is state pre-emption in Nebraska with Omaha having an exception - apparently Lincoln has an exception and maybe others. I hope I don't get arrested for not knowing every city, town, and county laws.
To my knowledge, only CHP holders have preemption, which is why we need to push for statewide preemption laws which includes everyone.
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To my knowledge, only CHP holders have preemption, which is why we need to push for statewide preemption laws which includes everyone.
Correct, but note preemption only covers handguns carried pursuant to a valid CHP, not long guns.
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Correct, but note preemption only covers handguns carried pursuant to a valid CHP, not long guns.
True, I forgot to clarify that in my post. Thanks for the correction.
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While I agree that there shouldn't be any firearm laws lower then the state, I have done some work at finding out what the laws are in other cities in Nebraska.
Please keep in mind that these are the ones for the cities that I looked up and do not include all of the cities in the state.
Hope this helps, the date the info was downloaded should be at the start of each document.
John K
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JAK:
Appears to be the very first time this important information has been gathered together and posted here on the NFOA Forum, AFAIK.
This information deserves to be permanently posted as a sticky here on the Forum in the Laws section, where it will then be available for all Forum members and readers.
Thanks for your efforts.
sfg
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While I agree that there shouldn't be any firearm laws lower then the state, I have done some work at finding out what the laws are in other cities in Nebraska.
Please keep in mind that these are the ones for the cities that I looked up and do not include all of the cities in the state.
Hope this helps, the date the info was downloaded should be at the start of each document.
John K
Thank you John, this is a great amount of effort and an important resource. Great point, we need to make this easily available to folks. You mind if we take your files and create a post with them and as recommended, make it sticky so folks can find it easily?
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Thank you John, this is a great amount of effort and an important resource. Great point, we need to make this easily available to folks. You mind if we take your files and create a post with them and as recommended, make it sticky so folks can find it easily?
you should link to the sources as this info changes so much that the info you post will be out of date at some point in time. someone will read it and run in to an issue with a law that changes in a city or town down the road. but a link to the state / city source should be maintained up to date.
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you should link to the sources as this info changes so much that the info you post will be out of date at some point in time. someone will read it and run in to an issue with a law that changes in a city or town down the road. but a link to the state / city source should be maintained up to date.
Good suggestion!
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Thanks again!
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Good list of links to individual city's municipal codes: http://nebraskaccess.nebraska.gov/municipalcodes.asp (http://nebraskaccess.nebraska.gov/municipalcodes.asp)
I have attached a PDF of the code for Blair's ban on open carry.
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Feel free to use the info I posted any way that you want.
I put the date that I downloaded the information to provide a reference as to when it is current. Links to the various locations where the info is would be great, however you will end up searching through a lot of statues that do not apply to firearms to find the ones that do.
John K
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If you buy a handgun in Lincoln its reported to the police. So basically registered.
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If you buy a handgun in Lincoln its reported to the police. So basically registered.
Wait, are you serious? Just that you made a purchase, or the actual info on the firearm?
*EDIT*
Never mind, I think I found (some of) what I was looking for. I'm going to do a little more digging into this.
9.36.030 Report of Sale of Firearms.
Any person, firm, association, or corporation dealing in firearms of any type shall, on the same day of the sale of any firearm,
except a shotgun or a rifle of a type commonly used for hunting, report the sale to the Police Department on forms as prescribed
and furnished by the Police Department. The report shall contain all the information requested thereon.
(Ord. 15625 §3; July 9, 1990: P.C. §9.28.025: Ord. 15443 §1; February 20, 1990: prior Ord. 7936 §1; December 26, 1962).
*EDIT2*
Okay, now I'm steamed. I thought gun registries were already determined to be illegal, so how is Lincoln getting away with this? I found this part in the ordinance (picture attached to post). The section detailing how it's to be filled out is marked out as if they'd removed it from the ordinance, but that doesn't mean anything. It just means they aren't using that specific method of reporting anymore.
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IF...you have a valid CHP then Lincoln does not have the power to require this registration.
But it seems like local FFL's send it in anyway...at least they used to, and you would not know if they had unless you asked
I heard back in the day of a few cases where they did even after they were notified by then LPD Chief Hop a long Casady that they were not to register sales to CHP holders.
https://drive.google.com/file/d/1IZgNXRKbefgPi_4GPYUjg1pXFpj50i13fWkvmj3bo39Jvcf1H1b3JFmIJSry/view?usp=drivesdk
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IF...you have a valid CHP then Lincoln does not have the power to require this registration.
But it seems like local FFL's send it in anyway...at least they used to, and you would not know if they had unless you asked
At this point, I'm not sure I'll buy another firearm within Lincoln city limits again, CHP exemption notwithstanding.
I heard back in the day of a few cases where they did even after they were notified by then LPD Chief Hop a long Casady that they were not to register sales to CHP holders.
https://drive.google.com/file/d/1IZgNXRKbefgPi_4GPYUjg1pXFpj50i13fWkvmj3bo39Jvcf1H1b3JFmIJSry/view?usp=drivesdk
Probably because the wording says it's not "necessary" to report it, not that they shouldn't report it. What business does Lincoln have in knowing what firearms I buy? Fortunately, I've only bought one inside the city limits, and don't even have that one anymore.
I'm very tempted to make it to the council meeting for Monday, and ask the council what this gun registry is being used for and why they think they need it.
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At this point, I'm not sure I'll buy another firearm within Lincoln city limits again, CHP exemption notwithstanding.
Probably because the wording says it's not "necessary" to report it, not that they shouldn't report it. What business does Lincoln have in knowing what firearms I buy? Fortunately, I've only bought one inside the city limits, and don't even have that one anymore.
I'm very tempted to make it to the council meeting for Monday, and ask the council what this gun registry is being used for and why they think they need it.
This ordinance is one of the reasons the Derek moved DE Guns out of Lincoln City Limits.
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This ordinance is one of the reasons the Derek moved DE Guns out of Lincoln City Limits.
I figured it was so they could create the outdoor ranges, but that makes sense. What a dumb and completely useless law.
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They use this registry to find firearms owners who have illegally purchased a firearm under the Lincoln City Ordinances. You can be perfectly legal outside of city limits, but be a prohibited person within city limits.
Someone on desk duty goes through the "registry" and looks up each person to see if they have any one of the many misdemeanors in Lincoln that result in your loss of the right to own, transport or possess.
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They use this registry to find firearms owners who have illegally purchased a firearm under the Lincoln City Ordinances. You can be perfectly legal outside of city limits, but be a prohibited person within city limits.
Someone on desk duty goes through the "registry" and looks up each person to see if they have any one of the many misdemeanors in Lincoln that result in your loss of the right to own, transport or possess.
Which does absolutely no good if someone goes just outside of town and buys one, or if they buy from another individual. Again, this law is dumb and completely useless.
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Ok, I get a little confused reading the legal documents. My question is, can a person conceal carry in Blair if you have the proper Nebraska permit?
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Ok, I get a little confused reading the legal documents. My question is, can a person conceal carry in Blair if you have the proper Nebraska permit?
The City of Blair is pre-empted by Nebraska State Law from setting rules for Concealed Handgun Permits, except for specific publicly sign-posted locations on city property where city officials do not allow concealed carry. Otherwise, concealed carry is allowed within the City of Blair, so long as all other Nebraska State Concealed Carry laws are observed. And Federal, of course.
Be sure to read the door signs of buildings before entering.
FWIW,
sfg
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This thread evolved mostly into a political discussion, but I'd like to return to the original intent and 'second the motion'. Being a repository of easily-searchable legislation would be not only a great service to Nebraska firearms owners, but also a possible "draw" to call folks' attention to the organization.
On several occasions in the past, we have discussed (complained about, etc.) various nuances such as the prohibition on carrying firearms on snowmobiles. Or carrying loaded shotguns versus other long arms in vehicles. Or the need to retreat unless in one's own home. Or whether it's legal to shoot a coyote with a centerfire rifle during the November firearm deer season. Etc. etc.
We don't need to provide legal interpretation. But it would be good to just have the laws and citations all compiled in one area. Anyone who teaches a concealed carry class probably already has all of this as part of a powerpoint deck which they reference during the classroom portion of the training.
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Anyone who teaches a concealed carry class probably already has all of this as part of a powerpoint deck which they reference during the classroom portion of the training.
The Nebraska State Patrol has recently moved from individual CHP instructor-developed curricula to a single statewide NSP-developed standard CHP curriculum. It is now open to any and all viewers who might be interested in its contents. The PowerPoints can be found at:
https://statepatrol.nebraska.gov/services/concealed-handgun-permits/chp-instructor-curriculum-minimum-requirements
Then scroll down to bottom and clik on Nebraska State Patrol Universal Curriculum.
FYI,
kgm
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Well that's an improvement!
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The City of Blair is pre-empted by Nebraska State Law from setting rules for Concealed Handgun Permits, except for specific publicly sign-posted locations on city property where city officials do not allow concealed carry. Otherwise, concealed carry is allowed within the City of Blair, so long as all other Nebraska State Concealed Carry laws are observed. And Federal, of course.
Be sure to read the door signs of buildings before entering.
FWIW,
sfg
Isn't a blanket city property posting in direct violation of the State CCW law, Wymore posted the City building and when I showed the State law to the City Attorney, he directed them to take the signs down...
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you should link to the sources as this info changes so much that the info you post will be out of date at some point in time. someone will read it and run in to an issue with a law that changes in a city or town down the road. but a link to the state / city source should be maintained up to date.
Could we use the efforts of any interns that the NFOA may have to put this info together, possibly working with any attorney that may be willing and able to oversee and assist with an effort like this. Several state organizations create and publish books of their state laws and sell them as fundraisers.
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Isn't a blanket city property posting in direct violation of the State CCW law,
FWIW, my posting wasn't about blanket posting. It pointed to the possibility of the City of Blair having ownership of any city public property, which the city administration would then be able to legally post. Private property can be posted by such private property owners who wish to do so.
But--to prohibit concealed carry, both city and private property must be posted, except for properties specifically prohibited by the NE Concealed Carry Act and Federal Law.
Which prompted my suggestion to Read the Door Signs.
If you hunt, fish, or carry concealed these days, might as well bring along your attorney and accountant.
sfg
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Could we use the efforts of any interns that the NFOA may have to put this info together, possibly working with any attorney that may be willing and able to oversee and assist with an effort like this. Several state organizations create and publish books of their state laws and sell them as fundraisers.
The forum member previously known as feralcatkillr (FMPKAFCK) likes this idea.
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*Duty to retreat as long as it can be done IN COMPLETE SAFETY (Important words emphasized)
*Signage prohibiting Legal Concealed Carry MUST BE CONSPICUOUS (for those of you in Rio Linda, that means right there in your face)
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"Rio Linda" LOL.
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The forum member previously known as feralcatkillr (FMPKAFCK) likes this idea.
O-Kayyy..........
Admittedly off topic,
But Every Time I Saw a Forum Posting from the NFOA Member Formerly Known As Feral-You-Know-What, It Gave Me a Great Big Warm Happy Feeling.
Just...........Sayin....,
sfg