NFOA MEMBERS FORUM
General Categories => Carry Issues => Topic started by: Mike M. on January 13, 2009, 05:51:56 PM
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Does anybody know what cities/towns dont allow open carry other than Omaha?
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Concealed carry in Columbus is prohibited, but you can open carry, However, as publicly stated by our esteemed Police Chief, "anyone openly carrying a firearm will be investigated"
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Good question.
Article I-1 of the Nebraska Constitution (http://www.nebraskalegislature.gov/laws/browse-constitution.php (http://www.nebraskalegislature.gov/laws/browse-constitution.php)) states:
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.
However, the Nebraska Revised Statutes (http://www.nebraskalegislature.gov/laws/browse-statutes.php (http://www.nebraskalegislature.gov/laws/browse-statutes.php)), Chapters 13 - 19, allow cities to ban concealed carry.
So let's put those together. If "any subdivision thereof" cannot infringe on the bearing of arms, but they are allowed to ban concealed carry, that must mean they cannot ban open carry. Seems logical to me.
I don't think any cities ban open carry outright. Omaha does not ban open carry, you just need to jump through the hoops to get their permit. Does that mean they're "infringing" on your rights? I think so, but that's not for me to decide (well, unless I'm on the jury).
Someone needs to be the test case. Unfortunately, I don't have the money or time (if found guilty) to prove the point.
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Ain't no way that I want to open carry. To me, that is just asking for an "investigation", or a citation for "disturbing the peace"....both of which I do not desire, nor wish to be publicly identified.
Even though the CCW regulation is supposed to protect the identity of the CCW permitholder, we have seen what does happen (the dude in the Omaha restaurant who accidentally shot himself; he had a permit, yet his name came out---can't recall if it was the hospital, but somehow his name came out in the news---for more details, check out both CZ's blogsite and the NE CCW site for some interesting news about this stuff).
Hopefully with Bruning's "legal opinion", these 13 cities will get their act together and just fall in line with the NE legislation.
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My thought was that when my permit comes through that in the cities that dont allow ccw a person could switch to open if they were using the right holester.
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My thought was that when my permit comes through that in the cities that dont allow ccw a person could switch to open if they were using the right holester.
I'm game on being corrected, but I believe that other than Omaha where you have to "register" your gun with its LE before you can carry (concealed or open), you can switch to open carry elsewhere, but it better be clearly visible and not taken into posted banned places....but imagine going to Walgreen's or HyVee or Best Buy and seeing someone walking around with a .45, or .40 or whatever strapped to their side or leg!...me thinks that grannie or some save the whales person is going to freak and call 911 or the LE, and they can slap you with a "disturbing the peace" citation...and you can then go through the hassle of tasslin' that one in court.
Now the guy who runs USCCA (check out his website) is advocating open carry and says that he is actively doing so himself. Hey, I can feel like John Wayne inside my house, but call me woos or whatever name you want, but I just ain't ready yet to open carry in public.
Let us know how it goes for you.
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It is not just you aldo. I always want to open carry in valentinos but I am too scared to carry in a "no ccw" posted place.
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I was thinking more along the lines of driving from Omaha to Lavista to The Bullet Hole. Or similar situations. I dont think I would carry in a place that is posted. At least if you know what cities allow open but not ccw than when driving through you are not breaking the law if you uncover the weapon.
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My thought was that when my permit comes through that in the cities that dont allow ccw a person could switch to open if they were using the right holester.
Well, that is precisely what I did when driving thru Plattsmouth, until we got them to fix their ordinance....... the mayor and City Admin did not like it one bit, but public support for our side outweighed opposition by a considerable margin...... they changed the law, and then promptly posted all city property......
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Not all city property in Plattsmouth.
The city Parks are now posted.
Uncertain of city shops or city hall?
This was a victory not a defeat, how be it somewhat dulled by there No CCW posting.
At least they did not try the old all city streets are prohibited.
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Thanks for the help guys. The info will help whenever the permit comes through.