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General Categories => Carry Issues => Topic started by: smoore444 on May 11, 2013, 10:18:37 AM

Title: Conceal carry while waiting on permit?
Post by: smoore444 on May 11, 2013, 10:18:37 AM
I could have sworn i read somewhere in the Nebraska bylaws or something that you can conceal carry as long as you have proof of passing the conceal carry class and while you are in that 45 day waiting period. Does anyone know where to find this or does anybody know? thanks
Title: Re: Conceal carry while waiting on permit?
Post by: SS_N_NE on May 11, 2013, 10:32:15 AM
Didn't find the exact reg. but this one is close enough. You have to physically have a valid permit (original not a copy) on your person when carrying concealed.  As per the example below, if you do not have your permit (the paper permit on your person) you shall not carry.

https://statepatrol.nebraska.gov/media/10070/ccwregs.pdf

015 LOST, STOLEN OR DAMAGED PERMITS
015.01 A permit holder whose permit is lost, stolen, or damaged shall notify the Nebraska State Patrol in writing within ten (10) days of determining that the permit is lost, stolen, or damaged. When notified of a lost, stolen, or damaged permit, the Nebraska State Patrol shall cancel the permit. The permit holder shall not carry a concealed handgun until the Nebraska State Patrol issues a replacement.
Title: Re: Conceal carry while waiting on permit?
Post by: Gary on May 11, 2013, 11:00:07 AM
you CANNOT carry concealed without a valid, State Patrol issued CHP card.  There is possibly one exception to this, which was done years ago.  Back in the day, the Attorney General of Nebraska did sometimes issue a note to carry concealed.  ERA around the Paul Douglas years.  I had a good friend, deceased, that was very good friends with Douglas, and he told me Douglas used to pass them out sparingly to some people. 
Title: Re: Conceal carry while waiting on permit?
Post by: SemperFiGuy on May 11, 2013, 11:12:15 AM
No.........

No.................., and

NO!!!!!


sfg
Title: Re: Conceal carry while waiting on permit?
Post by: barmandr on May 11, 2013, 11:13:28 AM
Here is what tells you that you have to have the actual permit...

019 OBLIGATIONS OF A PERMIT HOLDER

019.01 At all times while carrying a concealed handgun, a permit holder shall carry the following documentation and display it to any peace officer or emergency service personnel upon request:

019.01A The concealed handgun permit; and

019.01B Nebraska driver’s license, Nebraska-issued state identification card, or military identification card.

019.01C Violation of this provision is a Class III misdemeanor for the first offense and a Class I misdemeanor for a second or subsequent offense.
Title: Re: Conceal carry while waiting on permit?
Post by: unfy on May 11, 2013, 02:11:15 PM
NO!

Do NOT carry without the card. 

Ever.
Title: Re: Conceal carry while waiting on permit?
Post by: Gary on May 11, 2013, 04:24:36 PM
Equally important, do carry with your CHP, at all times while carrying a handgun concealed, your Nebraska driver’s license, Nebraska-issued state identification card, or military identification card.

Just having your CHP  alone, is not enough.

For those taking the Brue Swartz class in Fairbury, the CHP badge IS optional.  lol
Title: Re: Conceal carry while waiting on permit?
Post by: Gary on May 11, 2013, 04:37:31 PM
I could have sworn i read somewhere in the Nebraska bylaws or something that you can conceal carry as long as you have proof of passing the conceal carry class and while you are in that 45 day waiting period. Does anyone know where to find this or does anybody know? thanks


Several of us have said the answer is no, myself, and others, rather sternly.  Maybe we should say, what would be counter productive for public safety in letting someone carry in that 45 day window.

Just taking the Nebraska State Patrol blessed Concealed Carry class from an NRA Certified Instructor, does not mean, you have passed the FBI background check.
Title: Re: Conceal carry while waiting on permit?
Post by: 2guns on May 11, 2013, 08:59:23 PM
Open carry. As long as part of the gun is exposed you are within the law ,and you don't give up all the rights no drivers license required. Most stores don't have problems if the do leave it in the car.
Title: Re: Conceal carry while waiting on permit?
Post by: XDHusker on May 21, 2013, 08:14:01 AM
Open carry. As long as part of the gun is exposed you are within the law ,and you don't give up all the rights no drivers license required. Most stores don't have problems if the do leave it in the car.

Just to add, if you're in Omaha you'll need to get an open carry permit.  Costs $15 and that's what I did while waiting.  I also thought it was cheap insurance in case I accidentally exposed my weapon while carrying and somebody wanted to push the issue legally.
Title: Re: Conceal carry while waiting on permit?
Post by: DanClrk51 on July 12, 2013, 07:30:46 AM
Just to add, if you're in Omaha you'll need to get an open carry permit.  Costs $15 and that's what I did while waiting.  I also thought it was cheap insurance in case I accidentally exposed my weapon while carrying and somebody wanted to push the issue legally.

XDHusker I hope you're aware that if you have a CHP the city of Omaha will recognize it as a waiver for the OC permit.
Title: Re: Conceal carry while waiting on permit?
Post by: ojohnsten on August 15, 2013, 10:33:43 PM
"Open carry. As long as part of the gun is exposed you are within the law ,and you don't give up all the rights no drivers license required. Most stores don't have problems if the do leave it in the car."

Haven't got the quote a former post figured out just yet. but.

Now this is exactly the opposite of what I understood to be open carry.  Open carry means open carry and so much as a jacket covering half of an obvious holster,  means an illegal concealed weapon. It is not enough to have "any part" showing. Any level of concealment is concealment.     
Title: Re: Conceal carry while waiting on permit?
Post by: JTH on August 16, 2013, 05:52:17 AM
"Open carry. As long as part of the gun is exposed you are within the law ,and you don't give up all the rights no drivers license required. Most stores don't have problems if the do leave it in the car."

Haven't got the quote a former post figured out just yet. but.

Now this is exactly the opposite of what I understood to be open carry.  Open carry means open carry and so much as a jacket covering half of an obvious holster,  means an illegal concealed weapon. It is not enough to have "any part" showing. Any level of concealment is concealment.     

Nope.  Other way around.  Any part showing = not concealed.
Title: Re: Conceal carry while waiting on permit?
Post by: Dan W on August 16, 2013, 12:14:28 PM
When we passed the CHP bill, we were able to get in a legal description of a concealed firearm, and a firearm is  "not concealed if any part of it is capable of being seen"
Title: Re: Conceal carry while waiting on permit?
Post by: GreyGeek on August 17, 2013, 11:12:57 AM
Smoore444, I'll assume you have NOT  taking your CCW class yet.  If you have and your instructor didn't point out the  illegality  of CCW without a CCW license then you need to ask  for you money back and take a course  from a better instructor.
Title: Re: Conceal carry while waiting on permit?
Post by: Dan W on August 17, 2013, 11:18:20 AM
Grey Geek, lets not forget about statute 28-1202 and it's affirmative defense for CCW

Quote
28-1202. Carrying concealed weapon; penalty; affirmative defense.

(1)(a) Except as otherwise provided in this section, any person who carries a weapon or weapons concealed on or about his or her person, such as a handgun, a knife, brass or iron knuckles, or any other deadly weapon, commits the offense of carrying a concealed weapon.

(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.

(2) This section does not apply to a person who is the holder of a valid permit issued under the Concealed Handgun Permit Act if the concealed weapon the defendant is carrying is a handgun.

(3) Carrying a concealed weapon is a Class I misdemeanor.

(4) In the case of a second or subsequent conviction under this section, carrying a concealed weapon is a Class IV felony.
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