NFOA MEMBERS FORUM
General Categories => Carry Issues => Topic started by: SemperFiGuy on August 28, 2011, 10:05:46 PM
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Been Thinkin' About CCW Issues..............
Seems like there are at least four ways to legally carry a concealed handgun in Nebraska:
1) The Concealed Handgun Permit Act of January 1, 2007, as amended. [LB 454>>>>Nebraska Statutes 69-2427 thru 69-2449.]
2) The Law Enforcement Officers Safety Act (LEOSA) of 2004 [HR 218>>>>18USC, Ch. 44, Sections 926b and 926c], which allows various LEOs, retired LEOs, and other folks (such as state constables and Coast Guard boarding officers, etc., etc.) to carry concealed handguns.
3) Nebraska Revised Statute 28-1201, para. 1(b), Carrying Concealed Weapon, Penalty, Affirmative Defense, , which reads (b) It is an affirmative defense that the defendant was engaged in any lawful business, calling, or employment at the time he or she was carrying any weapon or weapons and the circumstances in which such person was placed at the time were such as to justify a prudent person in carrying the weapon or weapons for the defense of his or her person, property, or family.
4) Nebraska Private Detective Statutes, Neb. Rev. Stat. ยง 71-3201 - 71-3213, in the context of Item 3), above. I once held a Nebraska Private Detective state license for a while and dimly recall a court decision holding that licensed Nebraska private detectives could carry concealed while actively involved in working a case.
Any comments on any of the above areas??
Any other concealed carry venues to add to the list??
sfg
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Section I-1 of the Nebraska Constitution:
Though it may not be recognized by the powers that be...
I-1 Statement of rights. 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.
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What you've posted there is also displayed on Page 4 or so of my CHP Course PowerPoints.
What you're talking about works just fine in Alaska, Arizona, Wyoming, and Vermont.
And it would work just fine in Nebraska, too.
Good work, Dan.
sfg
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I've always thought the affirmative defense argument is risky at best. A lot would depend on the jurisdiction (I think you would be in a lot of trouble in Omaha) and how good your lawyer is. The smart thing to do is to get your permit.
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The best thing would be a Nebraska Supreme Court case striking down Nebraska's concealed weapons statute as unconstitutional under both the Nebraska and US Constitutions hence striking down the Nebraska Concealed Handgun Permit Act along with it and returning things to their proper order as they once were long ago (unrestricted carry).
If someone does wrong then punish them, but if someone does not do wrong and hurts no one by merely possessing the tools and abilities to defend themselves leave them alone! Lets get rid of victimless crimes!
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It would only be unrestricted if you never left Nebraska, that is unless you prefer the Feds to be in control of CCW nationwide
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The best thing would be a Nebraska Supreme Court case striking down Nebraska's concealed weapons statute as unconstitutional under both the Nebraska and US Constitutions hence striking down the Nebraska Concealed Handgun Permit Act along with it and returning things to their proper order as they once were long ago (unrestricted carry).
If someone does wrong then punish them, but if someone does not do wrong and hurts no one by merely possessing the tools and abilities to defend themselves leave them alone! Lets get rid of victimless crimes!
Agreed. I should not have to be forced to pay hundreds of dollars and take a class just because the firearm I carry may be at times covered with an article of clothing.
I believe passing a Constitutional Carry bill similar to the above mentioned states should be the next main goal of the NFOA.
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I am all in on this idea! What does it take to get this done? Seriously? Tell me who I have to contact to get this rolling and I will do it! I hate the idea that our own constitution says I can carry, but I don't because I don't want to get hassled or arrested by the bullies downtown! I have written on this subject before myself, so I understand all of our frustration on this! Thanks!
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The Unicameral is too busy worrying about oil leaking into the ground.......
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I'd be fine with constitutional carry, but I would want us to keep the permit system as a voluntary permit so I can carry when on the road in other states.
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The Unicameral is too busy worrying about oil leaking into the ground.......
They won't be during the regular session that starts in January.