NFOA MEMBERS FORUM
General Categories => Carry Issues => Topic started by: just_me_mongo on April 21, 2012, 11:22:57 PM
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Hello all,
1. Does the Nebraska CHP have any stipulations that require that you carry only one gun? Can you carry two?
2. Does the Nebraska CHP supersede any city (Omaha and or Lincoln city ordinances) that pertain to handguns?
Thanks!
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Let me see if I can get this right. I know others will be able to correct any errors I might make.
1. Does the Nebraska CHP have any stipulations that require that you carry only one gun? Can you carry two?
There is nothing in the state laws that limit the number of guns you can carry on your person with a valid CHP.
2. Does the Nebraska CHP supersede any city (Omaha and or Lincoln city ordinances) that pertain to handguns?
The latest change to state law which was precipitated by the efforts of the NFOA, stipulates that no city, township, etc. can pass legislation which is more restrictive than the state law regarding CHP. For example, Omaha had requirements to register your handgun, regardless of whether you had a CHP. Lincoln had (maybe still does) have an ordinance that did (does) not allow firearms in city parks. With the change in state law, neither of these local ordinances carry any weight for the holder of a CHP.
What do you say guys? Does that sound about right?
Fly
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Correct; 18-1703 was signed into law by the Governor 4/13/11:
http://nebraskalegislature.gov/laws/statutes.php?statute=18-1703 (http://nebraskalegislature.gov/laws/statutes.php?statute=18-1703)
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 permitholder 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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Lincoln does have an ordinance saying you can't store a firearm in your vehicle for more than 24 hours.
http://www.lincoln.ne.gov/city/police/gun.htm (http://www.lincoln.ne.gov/city/police/gun.htm) There are links to pdf documents here.
I don't see anything about city parks in there. Of interest, though, "you can't fire any air rifle, toy pistol, toy gun, slingshot, or any other air, gas, or spring operated gun, weapon,
apparatus, or instrument for the purpose of throwing or projecting missiles of any kind by any means whatsoever in such a manner as to endanger the safety of persons or property, whether the
instrument is called by any name set forth above or by any other name"
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Lincoln also has several restrictions on possession of a handgun that are void if you have a CHP. http://www.lincoln.ne.gov/city/attorn/lmc/ti09/ch936.pdf (http://www.lincoln.ne.gov/city/attorn/lmc/ti09/ch936.pdf) ( see 936.100)
Cities can still post parks as no carry areas under state law, but conspicuous notice at every public entrance is required to meet the legal definition of a posted place or premises.
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Ok, the NE Statute 18-1703 seems to read a bit odd. The first section says cities and villages shall not, but then the next clause says its authorized.
"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 permitholder under the act, is declared to be null and void as against any permitholder possessing a valid permit under the act."
I am still a bit confused... Can anyone clarify how this works in respect to the Lincoln Ordinances?
Thanks!
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Lincoln also has several restrictions on possession of a handgun that are void if you have a CHP. http://www.lincoln.ne.gov/city/attorn/lmc/ti09/ch936.pdf (http://www.lincoln.ne.gov/city/attorn/lmc/ti09/ch936.pdf) ( see 936.100)
Cities can still post parks as no carry areas under state law, but conspicuous notice at every public entrance is required to meet the legal definition of a posted place or premises.
Dan, thank you for clearing that up. I see that Lincoln restrictions on ownership are void if one has a NE C.H.P.
Thanks!
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Dan, thank you for clearing that up. I see that Lincoln restrictions on ownership are void if one has a NE C.H.P.
Thanks!
They can not be enforced against any valid CCW permit holder, and that includes non-residents visiting the city that hold a permit that Nebraska recognizes (on the list that the Attorney General deems acceptable)
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Ok, the NE Statute 18-1703 seems to read a bit odd. The first section says cities and villages shall not, but then the next clause says its authorized.
"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 permitholder under the act, is declared to be null and void as against any permitholder possessing a valid permit under the act."
I am still a bit confused... Can anyone clarify how this works in respect to the Lincoln Ordinances?
Thanks!
The second paragraph is saying that existing ordinance can stand for non-CHP holders, but will not limit the holder of a CHP. For example, Omaha's handgun registration can still be enforced against all that do not have a CHP.
Fly