NFOA MEMBERS FORUM
General Categories => Carry Issues => Topic started by: midwestbound? on June 12, 2015, 08:00:18 AM
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Good Morning all, I live way down here in MS and with any luck will be traveling to your fair state for a couple of job interviews. MS has reciprocity with 32 states, but unfortunately NE is not one. Based on what I've read here and on the State Patrol's website I came up with this plan, please share your thoughts and advice. I will travel as I normally do, concealed, all the way to NE but once there since there is no reciprocity I can OC and be legal. PLEASE note I'm only wanting to discuss the legal issue, not touch off a CC vs. OC debate (it's a touchy subject down here). My main concern is if I'm stopped by police. You have a duty to inform, but I don't have reciprocity so then should I have the weapon in plain sight or could I leave it in the holster but with no cover garment and present my ccw permit and inform the officer. The thought of having my 1911 sprawled out on the passenger seat as a LEO approaches doesn't sit well. I contacted the state patrols attorney and he recommended carrying it empty with ammo separate and all locked in the trunk. So what would you guys do? You know the climate of the law enforcement community up there better than me. Are the majority good ole boys that won't harass me, or do they tend to lean more to the "I'm the law no one shall be armed but me" school of thought? I have many more questions but as to not muddy the waters I will save those for separate threads.
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Depends upon where you are going, the City of Omaha requires their open carry or a concealed carry permit recognized by the State to open carry. The City of Lincoln does not have an ordinance against it but if the police get a call they will ticket someone for making a public disturbance. Some communities such as Blair have ordinances against the open carry of firearms.
As you can see there is a wide disparity in how open carry is viewed across the state and any discussion would need to be directed at exactly where you would be.
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Open carry is not uniform in this state, best to look up the laws for the city you'll be visiting. Open carry in Omaha is a no-no (unless you have a CCW accepted by the state), I know that much.
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Dear Good Ol' Rebel Guy:
If you bring your handgun into Omaha from Mississippi without concealed carry reciprocity and any LEO finds out that you did so, you will be violating Omaha's municipal handgun registration ordinance. Even if you carry it openly. Even if it's locked in the trunk of your automobile, unloaded, and in a locked case with the ammunition stored separately. And you will NOT be protected by the interstate firearms transportation provisions of 18 USC 926a.
The handgun will be confiscated permanently (that's forever) and you'll be issued a ticket which carries a penalty of up to 6 months in that fenced in resort out by the airport and up to $500 in fines. Then if you still do get a job offer in Nebraska, you'll have a misdemeanor firearms violation on your record which will prevent receiving a Nebraska concealed handgun permit for ten (10) years.
If you open carry in Omaha, you will need a Handgun Identification Card (Omaha Open Carry Permit), which requires a full day handgun class and a certain period of time thereafter for the card to come to you in the mail. Also, your handgun will need to be first registered with the Omaha Police Department station at 15th and Howard Streets.
Now.........that's just Omaha. Every other little burg in Nebraska has some kind of obscure anti-handgun regulation that's designed to...............GETCHA!!!! For example, in Lincoln you can't leave your handgun in your automobile, including locked trunk, for more than 24 hours. How's about THEM apples!
IF you enjoyed Mississippi-Nebraska concealed carry reciprocity, then none of the above preamble would apply. But you don't. So it all does.
Breaks my heart to say so, but my recommendation to you is to leave your handgun at home. Think: Illinois.
Hope it works out for you.
BTW: War Dam' Eagle
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Although he probably doesn't have time for the paperwork before coming to Omaha, would a non-resident permit (Utah, Florida, etc.) solve his problem?
If he does move to Nebraska, he will have to wait 6 months and pass a Nebraska training class before applying for a Nebraska permit. Until he receives his Nebraska permit, he will not be able to carry concealed legally and will be subject to all the local restrictions SemperFiGuy described.
Iowa will honor his Mississippi permit. If he chooses to live there (across the river from Omaha), he will be able to carry in Iowa on his Mississippi permit while his Iowa application is being processed. I haven't been able to determine if Iowa has a waiting period like Nebraska. Nebraska honors Iowa permits (and vice-versa.)
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Although he probably doesn't have time for the paperwork before coming to Omaha, would a non-resident permit (Utah, Florida, etc.) solve his problem?
A Utah or Florida permit would work nicely. (Some states honor these permits only for actual residents. AFAIK, Nebraska honors Utah and Florida permits for all current holders, both residents and non-residents of both those states.)
Once, back before New Mexico honored Nebraska permits I used my Florida permit to carry concealed on a trip to Albuquerque. And I did check directly with the NM authorities in ABQ about this situation as soon as I got into town.
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Does anyone know why Nebraska doesn't honor MS permits? Maybe NFOA could ask the state to look into it and it's something that could be fixed. Just a thought.
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Does anyone know why Nebraska doesn't honor MS permits?
Yeah..... Kinda odd.
MS is OK w/honoring NE permits, but not vice-versa.
Could be:
>Some kinda technicality or glitch-incompatibility in comparing the training requirements, or
>NSP just hasn't gotten around to it yet, or
>Some Auburn Guy @ NSP has a grudge about previous football game butt-kickings by Ole Miss,
Whatever.
Hope they fix it.
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Yeah..... Kinda odd.
MS is OK w/honoring NE permits, but not vice-versa.
Could be:
>Some Auburn Guy @ NSP has a grudge about previous football game butt-kickings by Ole Miss,
Whatever.
Hope they fix it.
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HA!!!!! Any good Auburn fan knows THAT doesn't happen! Well, at least no often enough to hold a grudge about ;)
Oh, and WAR EAGLE!!!!!!!!
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Long Way from the Loveliest Village on the Plains.
War Dam Eagle.
And I hope that gentleman from MS who started this inquiry (a) gets a good job offer in Nebraska, (b) gets his NE CHP, (c) becomes an active NFOA Forum member, and (d) becomes a hard-core, died-in-the-wool Happy Husker Fan just like all the rest of us.
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Long Way from the Loveliest Village on the Plains.
War Dam Eagle.
And I hope that gentleman from MS who started this inquiry (d) becomes a hard-core, died-in-the-wool Happy Husker Fan just like all the rest of us.
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Speak for yourself...I'm a Happy Husker Hater.
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Well, now that I have cleaned my shorts out... :o I guess I will give Omaha the widest possible birth. I mean come on with those laws. I stayed on a military installation for four months (legally) with my firearm without that much regulation and hassle.
Depends upon where you are going, the City of Omaha requires their open carry or a concealed carry permit recognized by the State to open carry. The City of Lincoln does not have an ordinance against it but if the police get a call they will ticket someone for making a public disturbance. Some communities such as Blair have ordinances against the open carry of firearms.
As you can see there is a wide disparity in how open carry is viewed across the state and any discussion would need to be directed at exactly where you would be.
Both applications are in Lincoln, I could phone interview, but that is not my preferred method.
Yeah..... Kinda odd.
MS is OK w/honoring NE permits, but not vice-versa.
Could be:
>Some kinda technicality or glitch-incompatibility in comparing the training requirements, or
>NSP just hasn't gotten around to it yet, or
>Some Auburn Guy @ NSP has a grudge about previous football game butt-kickings by Ole Miss,
Whatever.
Hope they fix it.
sfg
As far as the issue of reciprocity I believe it is the levels of issuance not being equal. MS has a two tiered permit, the basic where you just pay your fee and get fingerprinted, then the enhanced which requires the training and range portion. It allows you to carry just about everywhere except federal property or an active courtroom. When it was clarified that OC was a constitutional right, everyone threw up signs. Then the AG released an opinion that city law can't restrict a state law, and that the signs would not carry the weight of the law. A business owner can ask you to leave and if you refuse you could be charged with trespassing, that's it. My philosophy has always been that I don't check my constitutional rights at a state line. That's why I won't consider CA, IL or the northeast for employment opportunities.
Long Way from the Loveliest Village on the Plains.
War Dam Eagle.
And I hope that gentleman from MS who started this inquiry (a) gets a good job offer in Nebraska, (b) gets his NE CHP, (c) becomes an active NFOA Forum member, and (d) becomes a hard-core, died-in-the-wool Happy Husker Fan just like all the rest of us.
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a) Thank You b) I will for sure. I have the MS and TX before that c) of course, I'm active and exercise daily, my 2nd AMD right that is. d) Huskers? hmm, are they in the SEC East?
Although he probably doesn't have time for the paperwork before coming to Omaha, would a non-resident permit (Utah, Florida, etc.) solve his problem?
The job announcements close today and interviews are normally two weeks or so afterwards :(
Thanks for your replies guys!! The amount of restrictions, and how the cities are able to just do their own thing is very concerning. I suppose the best thing to do is what SemperFiGuy suggested and leave my firearms at home and just hope that the one time I need them won't be on that trip. Lincoln should be safe though with all the gun laws right? ::) This is surprising, for whatever reason I thought the Midwest would be more accepting of firearms and personal freedom. I mean it sounds like you get harassed even if your a resident with a permit. I have a wife and three small kids, and she asks me routinely if I'm carrying, because it gives her peace of mind. I would hate to move to a place where my response would have to be "no, Big Brother won't let me". I'm sorry I know I'm preaching to the choir here though. So I know you guys might be a little biased but in your opinion what are the most gun friendly states/cities up that way as well as in NE? Cause it sounds like if I do move there, Omaha is to be avoided like the plague! If I have developed a wrong impression or misunderstood please correct me please.
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MB, many of us actually live n the suburbs and adjoining communities where we are not subject to the laws of Omaha until we enter city limits. The majority of communities here are gun-friendly unlike the two biggest cities in the state.
Once you have your CCP many of the issues with Omaha's laws go away.
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Omaha is to be avoided like the plague..........
Yes. But only until you obtain your NE CHP, or a Florida or Utah permit which will be honored in NE.
Omaha's MuniCodes on handguns are really onerous. To Sum Up:
Omaha Open Carry:
Must complete a classroom/range qualification day-long training session and then apply for something called--strangely enough--a Handgun Identification Card [Omaha Open Carry Permit]. Qualification handgun must be registered in Omaha if brought in to Omaha. Then get ready to eat some dirt or get shot when the "Man With Gun" call goes in to 911, regardless of HIC/OC permit.
Omaha Handgun Registration (Not Applicable to NE CHP Holders/Pre-empted by State CHP Rules):
Focuses on the handgun as an object, not upon where the owner lives. The instant that a handgun enters Omaha city limits, it must be registered. No grace period. No 10 days/30 days to register. Must be registered NOW.
I asked Sgt. Farnoff of the Omaha Gun Task Force how this rather unusual situation is to be remedied. He said anyone bringing an unregistered handgun into Omaha must immediately head toward the Omaha Police Department station at 15th and Howard Streets to register the handgun. (Not sure of their open office hours, BTW.)
Otherwise, bye-bye handgun and the issuance of a citation.
So the above story is kind of a long-winded summation of certain Omaha handgun municodes, but they don't apply to NE CHP holders or those traveling through NE w/lawful out-of-state reciprocal permits.
Hope it all works out well for you.
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MB, many of us actually live n the suburbs and adjoining communities where we are not subject to the laws of Omaha until we enter city limits. The majority of communities here are gun-friendly unlike the two biggest cities in the state.
Once you have your CCP many of the issues with Omaha's laws go away.
Are any of these places around Lincoln? Cause that is where I would have to live. It's a shame that Omaha and Lincoln have seemed to take such an aggressive and oppressive stance against law abiding gun owners. I don't know how many criminals their laws have stopped, but they have effectively stopped me from visiting.
I asked Sgt. Farnoff of the Omaha Gun Task Force...
"Gun Task Force"? I think that speaks volumes about the attitude of the city leaders towards legally armed citizens. So the citizens of Omaha are cool with stabbing each other to death, just as long as those evil guns aren't used? Please forgive my sarcasm, but the level of some peoples lack of logic blows my mind. I went to Mayor Jean's and the PD's website and they touted all the reasons I should come visit, but I won't because I don't feel like becoming a criminal just by crossing their city limits. If they insist on having such obscure and draconian gun laws it would be nice if they prominently displayed them on their websites to give people like me who try to obey the law a heads up. I'm strongly considering sending a letter to the mayor and police chief. And if I should get a job, and get my CCW there I think I will still not go to Omaha. I'm a gentleman, I can tell when I'm not wanted, so I will oblige them.
So once you get your CCW your good to go, or do you still have to check and make sure that your not violating the laws of every little city and town you go through? I'm already ticked that I wouldn't be able to carry when I go to church according to NSP's website. I don't know if I want to put up with the stress and hassle of figuring out if going to this city or that will make me a felon if stopped by an LEO. Down here when cities started trying to pull that crap the state AG said it violated the state's supremacy clause and that cities could only restrict carry on city property not entire city limits. Come on guys NE is in my top 5 of states to move to, surely there is some bright spots, tell me about the gun friendly cities and the efforts to push back against these restrictive laws. :-\
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Omaha and Lincoln are only about 50 miles apart and there are lots of great firearms-friendly places to live between them.
There's also a state bill in the works to shut down the two cities' stupid laws, but I think it got hung up in committee or something. Nebraska as a state is generally gun-friendly, the cities are the problem.
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I thought this was interesting:
http://www.gunsandammo.com/personal-defense/best-states-concealed-carry-2014/ (http://www.gunsandammo.com/personal-defense/best-states-concealed-carry-2014/)
it ranks you guys 35, and says the law is preemptive of local ordinance.
Omaha and Lincoln are only about 50 miles apart and there are lots of great firearms-friendly places to live between them.
There's also a state bill in the works to shut down the two cities' stupid laws, but I think it got hung up in committee or something. Nebraska as a state is generally gun-friendly, the cities are the problem.
But state issues I would have to fight to change would be the no carry in church, signs having the weight of the law and a duty to retreat.
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I went to Mayor Jean's and the PD's website and they touted all the reasons I should come visit, but I won't because I don't feel like becoming a criminal just by crossing their city limits.
It should be noted that Omaha's mayor has a CCW and she had someone testify in favor of the preemption bill before the Unicameral. She isn't the one that enacted the city laws and appears to be in favor getting rid of them.
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Well that's good at least, then maybe she would be receptive to a letter, of course I wouldn't be telling them anything they don't already know. Why are the laws the way they are? Do the cities have really bad crime, run by more liberal politicians? is the general poopulation just scared of guns? Thanks Mali.
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Do the cities have really bad crime,.......................?
Yes.
Omaha more so than Lincoln.
Yet, yesterday evening a 10-year old girl riding her bicycle in Lincoln in broad daylight (8pm) was shot in the knee by a random drive-by shooter.
Guess there musta been something about her appearance that the Bad Guy Shooter just didn't like. Maybe she was riding her bike on the sidewalk or something. News report sez it wuz a "small caliber" bullet. Hope the damage to the young lady is minimal.
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That's terrible... It is beginning to sound a little like down here in Jackson. Someone is shot there almost every night. The city tried to come out with real restrictive gun laws, which did nothing. Working class folks live in outlying towns, and cops and residents "vigorously deter" any criminal element that tries to venture in thanks to a combination of generous carry rules (can carry in purse or briefcase with no CCW), castle doctrine and stand your ground laws.
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it ranks you guys 35, and says the law is preemptive of local ordinance.
Yes, Valid CHP's, both instate and non resident ( on the reciprocity list ) are protected from local ordinances that attempt to control possession, transportation, ownership and registration more than state law. Non CHP's are not protected, but we are working to change that and can use all the help we can find
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Non CHP's are not protected, but we are working to change that and can use all the help we can find
Yes, I would definitely help out because if I had just stopped my research at the NSP website I could have easily placed my firearm in the trunk per their guidance so I could at least have it for protection in the hotel and headed to Omaha on a vacation and I would have unwittingly become a criminal. Also if a get a job up there my father would be subject to the same fate since he carries.
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Well that's good at least, then maybe she would be receptive to a letter, of course I wouldn't be telling them anything they don't already know. Why are the laws the way they are? Do the cities have really bad crime, run by more liberal politicians? is the general poopulation just scared of guns? Thanks Mali.
Most, not all, of the violent crime in Omaha is centered around the lower income areas of the city, specifically north and south Omaha. There have been incidents out west, but not to the degree that it occurs in those areas. Why are our laws the way they are? Not sure I can answer that. One things that weighs in would be that we had a lot of people relocating to Omaha from California because of jobs and cost of living and they brought their insane driving and liberal attitude to this midwest town. Tie that with the fact that the metro area is nearing 1M people and we are starting to get the attitudes that come with a larger community where people just don't care and you can see how this can go wrong quickly.
I am a fairly new gun owner but I think one of the other problems is that gun owners are not an out spoken bunch. This is changing and I have more hope for the future of our rights than I did when I bought my first handgun. It always seemed like being a gun owner was something you kept quiet about so people didn't mock you and I didn't hear of many people that were willing to say "Yes, I have guns ,I love shooting them and I am not afraid to tell you that I am this way."
However, I think things are changing and people are more willing to say they have firearms and talk about them. Especially since so many people are becoming curious about them now.
Does it change that we have problems with violent crime in the two largest cities in the state? No, but it at least means that these times they are a changing. Thanks to people like members of the NFOA who are willing to stand up for the rights of those who quietly hope.
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Well, one application got tossed out, but I got an interview for the other and they want to do it by phone so it looks like I won't have to worry about toteing a gun in NE till I'm a resident with any luck. We have been trying to learn more about the area just in case I get the nod. My wife was looking at the Crete area what can you guys tell me about it? Are there any areas we ought to steer clear of?
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Crete is a nice little college town, close enough to Lincoln to take advantage of all a city brings but far enough away that it's major problems stay away.
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You could also look at...
Seward west of Lincoln. About the same size as Crete (8,000).
Waverly which is northeast of Lincoln and about half the size of Crete and Seward.
Bennet southeast of Lincoln. Population 790. A plus for Bennet is that is close to the Lincoln Izaak Walton Range.
Sprague south of Lincoln. Population 140.
Roca south of Lincoln. Population 240.
Eagle east of Lincoln. Population 1,000.
Hickman south of Lincoln. Population 1,900.
Malcolm northwest of Lincoln. Population 390.
Denton northwest of Lincoln. Population 193.
Depends on what you are looking for. There are others, but that gives you an idea.
Fly