NFOA MEMBERS FORUM
General Categories => Carry Issues => Topic started by: shooter on November 21, 2016, 12:25:25 PM
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well finially took my class for a permit. guess its time to be legal.
But I asked a question and was surprised by the answer, I asked if you have a CCW. can you just half way cover the weapon, like half the holster showing. he said it has to be either totally showing. or completely covered, this don't make sense to me, if I can carry what does it matter? but then this law was written by lawyers, so who knows
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well in NE , with a CHP you can CC or OC so it does not matter if your gun is printing or 1/2 uncovered . your with in the law either way.
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In some states there is repercussions if you print badly or part of your firearm becomes visible. There is nothing written in Nebraska law pertaining to that.
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ya i have heard a few story's don't remember from what state this might of happened ? dude on a motorcycle had a holster in his mid back, officer came up behind him pulled him over and got ticket because shirt was flapping and he could see the firearm ... to me that's being a bit too picky if true ..
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The way Nebraska law reads is that a handgun is not considered to be concealed if any part of it is visible. I don't know if that includes printing. Either way, if you have your CHP, you are legal. Just don't take it into places that are off limits.
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IF the handgun is TOTALLY HIDDEN from view, then it's a concealed handgun and a Nebraska Concealed Handgun Permit (or reciprocal equivalent from another state) is required.
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NEBRASKA ADMINISTRATIVE CODE
Title 272 - Chapter 21
002 DEFINITIONS
002.03 "Concealed Handgun" shall mean totally hidden from view with no portion of the handgun
visible.
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If any part of the handgun is showing, then...............the handgun is not concealed and no permit is required, except in Omaha and any other jurisdictions that may require some form of open carry permit or else allow open carry with a CHP.
Guess the motorcyclist would be carrying concealed as soon as he stopped his bike.
sfg
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IF the handgun is TOTALLY HIDDEN from view, then it's a concealed handgun and a Nebraska Concealed Handgun Permit (or reciprocal equivalent from another state) is required.
====================================
NEBRASKA ADMINISTRATIVE CODE
Title 272 - Chapter 21
002 DEFINITIONS
002.03 "Concealed Handgun" shall mean totally hidden from view with no portion of the handgun
visible.
====================================
If any part of the handgun is showing, then...............the handgun is not concealed and no permit is required, except in Omaha and any other jurisdictions that may require some form of open carry permit or else allow open carry with a CHP.
Guess the motorcyclist would be carrying concealed as soon as he stopped his bike.
sfg
Yup^^^^^^^^
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One More Smidgin Before The Lady Calls Me for Dinnertime:
Omaha has this thingie definition called ConcealABLE.
Here 'tis:
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OMAHA MUNICODE
Sec. 20-191. - Definitions.
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them:
Concealable firearm: A firearm having an overall length of less than 26 inches.
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Now........Let's go look up the definition of a Short-Barreled Rifle.
Dunno why Omaha can't be just like everybody else.
FWIW
sfg
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Yea figured it was better to not argue with a guy teaching my class,,
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Yea figured it was better to not argue with a guy teaching my class,,
I'm continually surprised, amazed, confounded.........whatever...........about all the really bad information that's passed out by sloppy instructors in CHP and firearms training classes.
Just ask some of the Good Instructors on this Forum (of which there are many. And wayyyyyyyy too many of the Other Kind).
sfg
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One More Smidgin Before The Lady Calls Me for Dinnertime:
Omaha has this thingie definition called ConcealABLE.
Here 'tis:
========================
OMAHA MUNICODE
Sec. 20-191. - Definitions.
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them:
Concealable firearm: A firearm having an overall length of less than 26 inches.
========================
Now........Let's go look up the definition of a Short-Barreled Rifle.
Dunno why Omaha can't be just like everybody else.
FWIW
sfg
26"? Concealable? lol, how about a short synopsis of how this happened and the thought process behind it? And I thought Lincoln was bad with having registration.
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..........short synopsis.........
Like Abe Lincoln always did, I'll tell a story to make a point:
=================
Fire department team responds to a fire alarm.
Finds a drunk guy sleeping on a smoldering mattress.
They ask him, "Well, just exactly how did this fire get started?"
Drunk guy sez, "I dunno. It was on fire when I laid down on it."
=================
And Omaha was already anti-gun when I moved here four decades ago.
Took years for me to learn about the Omaha handgun registration law. I wuz illegal all those years.
And maybe a lotta SBR owners in Omaha are currently illegal:
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OMAHA MUNICODE
Sec. 20-251. - Required.
(a) It shall be unlawful for any person to own, have possession of, or maintain control over any concealable firearm which has not been registered to said person with the chief of police...
===================
FWIW,
sfg
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BTW............
Shooter:
Congratulations on finally biting the (CHP) bullet.
:D
sfg
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Like Abe Lincoln always did, I'll tell a story to make a point:
=================
Fire department team responds to a fire alarm.
Finds a drunk guy sleeping on a smoldering mattress.
They ask him, "Well, just exactly how did this fire get started?"
Drunk guy sez, "I dunno. It was on fire when I laid down on it."
=================
And Omaha was already anti-gun when I moved here four decades ago.
Took years for me to learn about the Omaha handgun registration law. I wuz illegal all those years.
And maybe a lotta SBR owners in Omaha are currently illegal:
===================
OMAHA MUNICODE
Sec. 20-251. - Required.
(a) It shall be unlawful for any person to own, have possession of, or maintain control over any concealable firearm which has not been registered to said person with the chief of police...
===================
FWIW,
sfg
Lol, figured there was a reason, albeit not a good one. (As usual)
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Like Abe Lincoln always did, I'll tell a story to make a point:
=================
Fire department team responds to a fire alarm.
Finds a drunk guy sleeping on a smoldering mattress.
They ask him, "Well, just exactly how did this fire get started?"
Drunk guy sez, "I dunno. It was on fire when I laid down on it."
=================
And Omaha was already anti-gun when I moved here four decades ago.
Took years for me to learn about the Omaha handgun registration law. I wuz illegal all those years.
And maybe a lotta SBR owners in Omaha are currently illegal:
===================
OMAHA MUNICODE
Sec. 20-251. - Required.
(a) It shall be unlawful for any person to own, have possession of, or maintain control over any concealable firearm which has not been registered to said person with the chief of police...
===================
FWIW,
sfg
Omaha Municipal Code 20-251 requires that all concealable firearms inside the city limits of Omaha be registered. Regardless of where a person resides, concealable firearms inside the city of Omaha are required to be registered with the Omaha Police Department.
Persons whom are valid Nebraska CCW permit holders (or any other State which Nebraska has reciprocity with) are not required to register concealable firearms and can be in possession of concealable firearms which are not registered.
I thought I would post the rest of 20-251
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I'm continually surprised, amazed, confounded.........whatever...........about all the really bad information that's passed out by sloppy instructors in CHP and firearms training classes..
Avoiding such is high on the list of reasons why chose Chris Zeeb for my CHP instructor.
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Avoiding such is high on the list of reasons why chose Chris Zeeb for my CHP instructor.
Yes. Chris Z is one of the Good (actually, Outstanding) Instructors that I had in mind when posting my comment up above.
Please allow me to add Tom Howard and Shawn Whittington to the upper end of the list.
I've enrolled in and attended courses taught by all three of the above instructors.
Top of the Line.
sfg
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I took my CHP class 8 or 9 years ago, and it seems like the instructor said something about the law requiring the handgun to be totally concealed. In that many years though my memory might have faded I suppose. I was glad to eventually learn though that no such law exists here. I'm always on the CC side of the CC vs OC debate, but laws saying that a gun is required to be totally concealed, as I guess some states have, is nothing but harassment.
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it seems like the instructor said something about the law requiring the handgun to be totally concealed.
It actually kinda works in reverse. Let's start in a condition with the handgun already totally, completely concealed. If so, then you gotta have a CHP/CCW permit. Such is the NE Concealed Handgun Permit Act law/statute, whatever. (Coupla exceptions exist in law, but don't count on using them.)
However, IF you already have your CHP/CCW permit AND the handgun or any portion of it then subsequently becomes exposed, there is no provision in Nebraska law directly prohibiting such exposure and carry method, AFAIK. Local Omaha Municode will allow this exposed condition with NE CHP, as well.
Not into Lincoln and any other Nebraska municipal codes, so I dunno about those.
sfg
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Please allow me to add Tom Howard and Shawn Whittington to the upper end of the list.
Both were candidates when I was looking for a class. You, as well. It happened that Chris's class best fit my schedule.
I would like to take Tom's Handgun Techniques / Shooting Skills class if he offers it again.
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Not into Lincoln and any other Nebraska municipal codes, so I dunno about those.
Municipal ordinances shouldn't matter since the state preempted local control over holders of Nebraska Concealed Handgun Permits and permits from other states that are honored by Nebraska. Yet another reason to get your CHP.
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Municipal ordinances shouldn't matter since the state preempted local control over holders of Nebraska Concealed Handgun Permits
Entirely true on concealed carry.
However, the tail end of my previous message slid into a discussion of Open Carry (exposed condition). OC is a different kind of critter, subject to local (municode) control.
FWIW
sfg
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Entirely true on concealed carry.
However, the tail end of my previous message slid into a discussion of Open Carry (exposed condition). OC is a different kind of critter, subject to local (municode) control.
FWIW
sfg
If you hold a valid CHP, no City, town or any political subdivision has the power to regulate the ownership,possession, transportation or registration of your handgun to any degree beyond existing state law. Open carry is not regulated by state law, so "municode" does not apply to CHP holders regardless of open or concealed carry, but state law must be followed
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If you hold a valid CHP, no City, town or any political subdivision has the power to regulate the ownership,possession, transportation or registration of your handgun to any degree beyond existing state law.
Open carry is not regulated by state law, so "municode" does not apply to CHP holders regardless of open or concealed carry, but state law must be followed
Once again, Yes. Entirely true for concealed carry (Only.) Here's the applicable statute:
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18-1703.
Ownership, possession, and transportation of concealed handguns; power of cities and villages; existing ordinance, permit, or regulation; null and void.
Cities and villages shall not have the power to regulate the ownership, possession, or transportation of a concealed handgun, as such ownership, possession, or transportation is authorized under the Concealed Handgun Permit Act, except as expressly provided by state law, and shall not have the power to require registration of a concealed handgun owned, possessed, or transported by a permitholder under the act.
Any existing city or village ordinance, permit, or regulation regulating the ownership, possession, or transportation of a concealed handgun, as such ownership, possession, or transportation is authorized under the act, except as expressly provided under state law, and any existing city or village ordinance, permit, or regulation requiring the registration of a concealed handgun owned, possessed, or transported by a permit holder under the act, is declared to be null and void as against any permitholder possessing a valid permit under the act.
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Open Carry is a different breed of cat and can be (and is) regulated by municipalities. Including CHP holders..
sfg