NFOA MEMBERS FORUM
General Categories => Carry Issues => Topic started by: Mike M. on June 10, 2010, 12:58:50 PM
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I feel so naked now. Turned in the permit so I could get the address changed on it.Maybe we could look into getting the law changed a little and have a temp issued like the do for drivers license.
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I'll have to do the same very soon too. Please let us know how it goes.
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No need to go naked. Open carry is an excelent option. You also have affirmative defence.
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No affirmative defense allowed for permit holders, at least according to the NSP
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That's interesting, I don't remember reading that in the law.
On another note, Is he a permit holder if he isn't holding his permit?
A person must be in physical possession of his permit for it to be of any use to him.
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How does the new concealed handgun permit law work with the old law still in place?
The existing Nebraska concealed weapons law (Nebraska Revised Statutes ? 28-1202) was retained in the statutes and generally prohibits the carrying of concealed weapons including handguns, bowie knife, knifes with a blade over 3 ??, brass or iron knuckles, and any other deadly weapons. There is an exception in this law which allows the carrying of a concealed weapon by persons engaged in a lawful business, calling or employment at the time of carrying the weapon but only under circumstances which would justify a prudent person in carrying a weapon for the defense of his or her person, property, or family. Unlike the concealed handgun permit law, there are no specific limitations on the places where a concealed weapon can be carried under this provision. Persons utilizing this exception are cautioned that the place where a weapon is carried will have a bearing on the reasonableness of carrying the weapon. This exception, instead of being authority to carry, is an affirmative defense to a charge of carrying a concealed weapon ? in other words, you may have to prove in court that you qualify for the exception.
The existing concealed weapons statute applies to those who do not have a concealed handgun permit. The statute also applies to those holding a concealed handgun permit if the weapon carried is NOT a handgun (I.e. bowie knife, iron knuckles, etc.). Concealed handgun permit holders must comply with all provisions of the Concealed Handgun Permit Act any time they are carrying a concealed handgun and may not carry a handgun under the provisions of Nebraska Revised Statutes ? 28-1202.
http://statepatrol.nebraska.gov/Concealed_FAQ.aspx
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I doubt that was written by the attorney general but I wouldn't want to take any chances.
Looks like open carry is the way to go.
I prefer odd looks from the sheep to being defenseless.
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Yeah, I think that it is crap too, and await the court challenge.
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I feel so naked now. Turned in the permit so I could get the address changed on it.Maybe we could look into getting the law changed a little and have a temp issued like the do for drivers license.
I had to do that a couple yrs ago- it only took about 3wks as I recall. Still way too many hoops, red tape & inconsistencies in the whole process.
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Three weeks??????? The law says NSP has 5 business days to reissue it.
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First off I live in Omaha so no open carry without the permit. The lady at the stae patrol office said it would most likely get to Lincoln monday or tuesday so as I see it they have till thursday to get it in the mail. We all know thats what they mean by saying 5 working days. Cant figure out why they cant have a machine at the patrol office like they do at DMV. Give us a temp and wait for the new one to show up.
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We need to push to get the CHP renewal/change of address process added to the online drivers license renewal program that is starting soon
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Couldnt agree more Dan.
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If you had a Utah (or other state recognized by Nebraska) permit, wouldn't that allow you to conceal carry since Nebraska recognizes the Utah Permit. While your Nebraska permit is being updated.
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If you had a Utah (or other state recognized by Nebraska) permit, wouldn't that allow you to conceal carry since Nebraska recognizes the Utah Permit. While your Nebraska permit is being updated.
No, Nebraska residents must have a NE permit.
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First off I live in Omaha so no open carry without the permit. The lady at the stae patrol office said it would most likely get to Lincoln monday or tuesday so as I see it they have till thursday to get it in the mail. We all know thats what they mean by saying 5 working days. Cant figure out why they cant have a machine at the patrol office like they do at DMV. Give us a temp and wait for the new one to show up.
Sorry to state the obvious, but I believe you answered your own question. ;)
Same day for my second address change, but first time took over a week, and I live right here in Lincoln and had went straight to the office that does it all. I hadn't really carried much yet, but still felt sooo nekid knowing I couldn't.
Now you want to hear the really SCARY part? The envelope mine came in had been stamped, multiple times, mind you with: 'no inmate by this name, Nebraska State Penitentiary. :o :o :o
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Dan is right that the statute is written so that the affirmative defense does not apply to permit holders. For example, if a permit holder and a non permit holder carry into a house of worship (or other prohibited place) the non permit holder could assert the affirmative defense at trial. The permit holder could not.
Also, the affirmative defense is, in my opinion, much narrower than most people think it is. It will only come into play once you are on trial which means you have spent a lot of time and money already that you will not get back.
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Ne Bull as scary as that is its also pretty funny. When I first got mine they sent it to the wrong address but didnt say where that was.
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Update...... New permit came today. Not too bad of a turn around time.
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Ok, so lets start a thread where everyone posts the picture from their CHP...kay?
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I thought we wanted to get new members not chase old ones away.
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(http://i197.photobucket.com/albums/aa61/LJUnaTIC/NE_CHPspoof.jpg?t=1276919549)
How bad can it be?
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NICE, Dan!