NFOA MEMBERS FORUM
General Categories => Carry Issues => Topic started by: SemperFiGuy on May 03, 2013, 11:38:26 AM
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First, We Must Give Proper Credit to Our Own DanW, Who Previously Was Right On Target About Open Carry for CHP Holders. Good on You, DanW.
Now....Upon request, an opinion has been issued by a knowledgable attorney from the appropriate NE state agency on this issue. Here it is:
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Thank you for submitting a question to the Nebraska State Patrol. In your email, you said, “Can a person who holds a valid, current CHP permit (no part of the handgun may be visible) decide to switch to the open carry mode and then openly carry a visible handgun under Nebraska law? The openly carried handgun would then be visible. But..CHP holders are not supposed to show their handguns openly (visibly).”
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There are no laws regulating open carry of handguns in the State of Nebraska.
Any individual who may lawfully possess a handgun can open carry.
There is also no law or regulation in Nebraska stating that concealed handgun permit holders are required to carry in a concealed manner. A concealed handgun permit holder can carry in the open at any time. The last part of your [ed: sfg's, above] email, which states, “But..CHP holders are not supposed to show their handguns openly (visibly)” is incorrect. This is not a requirement under state or federal law.
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Now, the above statement is not a court ruling, but it is an agency opinion and you can take it to the bank. Just don't carry concealed while doing so. Now, Open carry......at the bank? It all depends. On the bank.
sfg
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Excellent follow up . Thanks.
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So, I can go back to church again, as long as I tuck my shirt in under my gun. Praise the Lord! Amen & Amen ::)
While there are no laws on Nebraska's books on open carry (learned that in my NRA PPITH class last weekend) our state does have lots of laws on disturbing the peace. Open carry for folks that have a CHP could bring unwanted scrutiny to your door step. IMHO.
If you own a private jet, and you hold an appropriate pilots license to fly it, why drive a pick up truck across country?
Thanks for sharing that email with the group, shows you are a grand human being.
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So, I can go back to church again, as long as I tuck my shirt in under my gun. Praise the Lord! Amen & Amen ::)
While there are no laws on Nebraska's books on open carry (learned that in my NRA PPITH class last weekend) our state does have lots of laws on disturbing the peace. Open carry for folks that have a CHP could bring unwanted scrutiny to your door step. IMHO.
If you own a private jet, and you hold an appropriate pilots license to fly it, why drive a pick up truck across country?
Thanks for sharing that email with the group, shows you are a grand human being.
It is my nderstanding that you can carry concealed in your church if you are part of their "security" or some such.
Edited to add:
Revised Statutes » Chapter 69 » 69-2441
section 1 (c)
A place of worship may authorize its security personnel to carry concealed handguns on its property so long as each member of the security personnel, as authorized, is in compliance with the Concealed Handgun Permit Act and possesses a permit to carry a concealed handgun issued pursuant to the act and written notice is given to the congregation and, if the property is leased, the carrying of concealed handguns on the property does not violate the terms of any real property lease agreement between the place of worship and the lessor.
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SFG....that is why Dan W sits on high in "The Cloud" overseeing and correcting our ways.....
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So, I can go back to church again, as long as I tuck my shirt in under my gun. Praise the Lord! Amen & Amen ::)
While there are no laws on Nebraska's books on open carry (learned that in my NRA PPITH class last weekend) our state does have lots of laws on disturbing the peace. Open carry for folks that have a CHP could bring unwanted scrutiny to your door step. IMHO.
If you own a private jet, and you hold an appropriate pilots license to fly it, why drive a pick up truck across country?
Thanks for sharing that email with the group, shows you are a grand human being.
No, as Rudy pointed out, places of worship are specifically called out as prohibited places (unless certain conditions are met) for concealed carry.
Aren't you the guy who said he was going to start teaching CCW classes? You may want to brush up on this stuff before you do.
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if the property is leased, the carrying of concealed handguns on the property does not violate the terms of any real property lease agreement between the place of worship and the lessor.
And, if the church rents and meets in the auditorium of a private school the "Safe Schools Act of 1995" prohibits anyone from carrying a weapon onto school property, public or private. So, I am not sure that even if church leadership authorized some people to carry concealed in this situation they could not do so. Anyone care to comment about that?
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SFG....that is why Dan W sits on high in "The Cloud" overseeing and correcting our ways.....
Bullit:
It seems to be a Grand Cosmic Rule that every society needs a DanW to guide it along its galactic path.
If We Didn't Have DanW, We'd Have to Invent Him!!!!!
sfg
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No, as Rudy pointed out, places of worship are specifically called out as prohibited places (unless certain conditions are met) for concealed carry.
Aren't you the guy who said he was going to start teaching CCW classes? You may want to brush up on this stuff before you do.
You apparently didn't read his post. He specifically said "as long as I tuck my shirt in under my gun." Tucking one's shirt in _under_ one's gun would typically result in the gun being on the outside of the shirt, and (presuming no additional layers of clothing) in plain view.
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If We Didn't Have DanW, We'd Have to Invent Him!!!!!
Good Luck
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You apparently didn't read his post. He specifically said "as long as I tuck my shirt in under my gun." Tucking one's shirt in _under_ one's gun would typically result in the gun being on the outside of the shirt, and (presuming no additional layers of clothing) in plain view.
Ah yes...my mistake. I read that as tucking the shirt under the gun so as to conceal it further somehow. I'm just speculating, but I doubt many folks at said church would appreciate an open carry worship service.
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No, as Rudy pointed out, places of worship are specifically called out as prohibited places (unless certain conditions are met) for concealed carry.
Aren't you the guy who said he was going to start teaching CCW classes? You may want to brush up on this stuff before you do.
Tongue n cheek. sport
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Thanks to all for the efforts on clarifying this. Much appreciated. :)
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Tongue n cheek. sport
Hard to tell with you sometimes, sport.