NFOA MEMBERS FORUM
General Categories => Carry Issues => Topic started by: DaveB on July 26, 2010, 08:24:42 PM
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Just a stupid question that I can't seem to find an answer for. Got the impression from the CCW training that if you have a conceal carry permit in Nebraska you are not allowed to open carry. It is a form of brandishing from what I understand. Can this be a true statement?
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DaveB
You've raised a Most Excellent Question.
I've heard the same assertion made several times by others in the CHP/CCW fraternity, including other CHP instructors. And frankly, I dunno.
My several searches of the Nebraska Administrative Code, Title 272, Ch. 21 which governs the issuance of Concealed Handgun Permits by the Nebraska State Patrol on this point haven't found anything which directly addresses this issue.
A review of Nebraska State Statutes 69-2427 thru 69-2449 [Concealed Handgun Act] likewise comes up empty with respect to Open Carry.
Further, if you search the rest of the Nebraska Statutes for Open Carry, you won't find much help there. Our Good Friend and Mentor, DanW, has made that point elsewhere in the NFOA Forum.
My very uneducated guess is that this issue is one of those items where the prosecutor and the judge make up the law on the spot. Whatever the result, that outcome then becomes a precedent for future case law.
Since the CHP Statutes are relatively new, we may not even have such a case decided yet in Nebraska.
Living in Omaha, I've tried to cover my butt on this issue by obtaining a City of Omaha Handgun Identification Card [so called Open Carry Card] from the National Safety Council. Show your CHP, fill out a brief form, pay $10, get your picture taken, and get the card. Won't know if it works until we hear from the prosecutor and the judge, which I hope is Never.
Main Thing: Don't Get Swept Up by the System in the First Place, if you can help it. Getting out of it is like getting loose from the Tar Baby.
sfg
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AFAIK, Open Carry is not regulated ANYWHERE in the state, besides Omaha. Having a CCW permit does not change that fact.
It is fairly common to see people exercising the 2nd Amendment openly in areas away for the liberal bastions of Omaha and Lincoln.
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Jeez.........
Every Once in a While..........
Good Things Happen:
http://www.examiner.com/x-2782-DC-Gun-Rights-Examiner~y2009m9d9-Federal-judge-rules-police-cannot-detain-people-for-openly-carrying-guns
(http://www.examiner.com/x-2782-DC-Gun-Rights-Examiner~y2009m9d9-Federal-judge-rules-police-cannot-detain-people-for-openly-carrying-guns)
Wish it Wuz Nebraska.
And Here's Another One, a Bit Closer:
http://www.examiner.com/x-2782-DC-Gun-Rights-Examiner~y2010m7d2-District-Attorney-declares-most-state-gun-laws-unconstitutional (http://www.examiner.com/x-2782-DC-Gun-Rights-Examiner~y2010m7d2-District-Attorney-declares-most-state-gun-laws-unconstitutional)
sfg
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The reason I ask is because I would rather OC while riding the motorcycle. Now, if it is okay to OC with a CCW permit in Nebraska, if your gun did happen to show, would that mean you are open carrying instead of concealing.
I may call the State Patrol tomorrow and see what they have to say about it. Maybe I can get something in writing, but that would mean they would be committed to an answer.
I won't go to Omaha anyway, I was there once (for 8 years) and brought everything home I needed.
I do appreciate the research, it just seems that the actual laws either don't exist or aren't public knowledge.
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What if you were OCing and didn't bring your CC permit with you? Wouldn't you be ok then? Probably a naive way of thinking about it....
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I've always been told you need an OC permit in Omaha... But if you have a state CCW, it supercedes the Omaha OC permit and you are allowed to legally OC. Now as far as the rest of the state... I'm not honestly sure. I think just open carrying should be completely legal as anyone else wouldn't be considered brandishing while open carrying would they?
I would consider brandishing showing your concealed gun to someone in order to intimidate them... I wish the laws were much more specific in a lot of areas.