LEO's and the open carry law have a different view of things.

[grumpy old man]

I have not gotten my Conceal permit yet due to $$$ so I decided I am going to open carry. I have contacted the Cass County Sheriff and the Highway Patrol about open carrying and got some interesting responses.  I wanted to open carry using a "crossbread iwb tuck holster" which would reveal the handle of my Springfield xdm compact 9mm.  After contacting these LEO they stated the entire gun has to be visible otherwise its considered concealed.  I found the Nebraska state statue regarding this which is here:

Nebraska Revised Statute 69-2429

Revised Statutes » Chapter 69 » 69-2429 Print Friendly
69-2429. Terms, defined.
For purposes of the Concealed Handgun Permit Act:

(1) Concealed handgun means the handgun is totally hidden from view. If any part of the handgun is capable of being seen, it is not a concealed handgun;

I then forwarded this to the LEO and they stated its all about "Intent" and if they saw me carrying my handgun with my shirt tucked in with the holster iwb only showing the handle of my gun they would issue me.

I want to carry but I dont want to lose my gun nor can I afford a lawyer.  Any ideas?

Thanks so much from a NRA and NFOA member.

[justsomeguy]

You're right. They're wrong. But in a game where one of the players is also the ref, guess who's gonna win?

[SemperFiGuy]

Well, the Cass County LEOs have stated their intent:   Which is to issue a citation to you if you openly carry as you have proposed.

Seems like the simplest solution is to buy a different holster which is clearly OWB.   

If you don't want to change holsters on principle or whatever, then you run the risk of all the things you've already mentioned:  confiscation, attorney's fees.   Plus risk of fine(s) and/or jail time, probation, criminal record, firearms violation.   (Not being able to obtain a CHP for 10 years.)   All that and maybe more.

Of course, we always have this consolation from the Nebraska State Constitution:

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.  [/b][/color]

Such as Cass County.

Good luck in whatever you do.   And please be reminded that OC in Omaha requires something called the Handgun Identification Card (Open Carry Permit).

sfg

[sjwsti]

I would consider using a dedicated outside the pant open carry holster. Always try to stay out of any grey area of the law if possible. Another aspect to consider is retention. The Cross breed has no secondary means of retention, meaning anyone could simply grab it and pull it out of the holster.

We have worked this as a drill in training extensively and a gun grab from this style of holster is nearly impossible to stop. Out of several brands of holsters we have worked with the Safariland ALS was my personal pick. They can be purchased for around $50. Although very popular, Im not a fan of the Blackhawk Serpa due to the location and operation of its release.

- Shawn

[CitizenClark]

I have not gotten my Conceal permit yet due to $$$ so I decided I am going to open carry. I have contacted the Cass County Sheriff and the Highway Patrol about open carrying and got some interesting responses.  I wanted to open carry using a "crossbread iwb tuck holster" which would reveal the handle of my Springfield xdm compact 9mm.  After contacting these LEO they stated the entire gun has to be visible otherwise its considered concealed.  I found the Nebraska state statue regarding this which is here:

Nebraska Revised Statute 69-2429

Revised Statutes » Chapter 69 » 69-2429 Print Friendly
69-2429. Terms, defined.
For purposes of the Concealed Handgun Permit Act:

(1) Concealed handgun means the handgun is totally hidden from view. If any part of the handgun is capable of being seen, it is not a concealed handgun;

I then forwarded this to the LEO and they stated its all about "Intent" and if they saw me carrying my handgun with my shirt tucked in with the holster iwb only showing the handle of my gun they would issue me.

I want to carry but I dont want to lose my gun nor can I afford a lawyer.  Any ideas?

Thanks so much from a NRA and NFOA member.

Did they send you anything in writing, or was this all a verbal back and forth?

If they actually sent you an email or a letter telling you that they intend to arrest you for conduct that is clearly and explicitly excluded from the definition of a crime by the authorizing statute, I would love to see it.

[Chris C]

I think the Cass County Sheriff's office needs to go back to school.  One of their Deputies stopped me years back and was going to ticket me for factitious plates and improper display of plates.  The Deputy had no idea for a private sale vehicle you can use your existing plates for 30 days instead of running w/o any plates or home made intransit's which that part is illegal (no home made paper signs).  I argued with him even telling him a OPD friend who heard this straight from Marty Conboy's mouth said it's legal and if he wanted he could call Marty's office...he finally let me go.  I got clarification from a Trooper then sent a nice little letter to the Sheriff stating the law for future reference along with my number.  The Rube never called.  Hind sight I should have had him quote me the statute.     I'd still be waiting. 

[grumpy old man]

Yes it was all done via email so I do have the entire conversation in an email format.

[ILoveCats]

I did an image search and it seems that holster can leave very little exposed, depending upon how it's worn. While I'm not for LEOs creating their own laws where none exist, when I put myself in the shoes of an LEO and if I saw someone walking around with only a pistol grip peeking out, I have to admit I'd probably chat with the fellow. It either looks like someone who's trying to carry concealed and failing, or someone who's being coy with the open carry laws.

Being coy is unbecoming when it comes to firearm matters. Seems like a $30 OWB holster would be worth it to avoid the butt pain that might result from ignoring two independent LEO opinions.

[greg58]

Remember the LEO is not the final say on such an issue.
A Prosecuting attorney would look at the validity of the charge, then decide if it is worth going forward. Then a Judge is going to look at the same issues.
I know it should never come to that point, but LEOs have their arrests thrown out all the time.

Greg58

[OnTheFly]

Remember the SD shooting at the Omaha Walgreens?  Initially they were considering charging the victim with carrying a concealed firearm without a permit, but later acknowledged that the gun was not "technically" concealed since a part of it was in sight. 

I personally think it may have been close to concealed or possibly completely concealed, but the OPD thought better of charging someone who successfully defended themselves AND others against some young thugs threatening their lives.  They thought about it for a little while, but I wonder if they factored in the public uproar that would have ensued should they have gone forward with the charges.

Fly

[Gary]

There is the letter of the law, which would mean, you hire a high dollar lawyer, and you fight the ticket, you will get (warned you will get).    You are now on Radar, so I would go with their recommendations to keep yourself out of the back of a police car.

There is also the spirit of the law.  As a good citizen of Nebraska, you should try to follow the letter of the law, and also the spirit.  The spirit of the law means, if it is tucked in your pants, it is concealed, if it is on the outside of your clothing, fully in plain sight to everyone, it is open carry. 

If you try to work with Law Enforcement, they will be glad to work with you.

On a slightly separate subject, you really WANT to open carry, and have that bag of worms to deal with?

You say, $$$ is stopping you from getting your CHP.

I will comp you a free class, if you take a couple cans of food to any city mission.  Get a receipt, and I will credit you for a free class.  Our class is every Wednesday evening at 6pm, and every Sunday at 9am.  If you do an evening class, finish it off Sunday afternoon at 1pm.

Class is 8 / 9  hours.  Info is at my web site.  www.guns1roses.com 

[greg58]

There is the letter of the law, which would mean, you hire a high dollar lawyer, and you fight the ticket, you will get (warned you will get).    You are now on Radar, so I would go with their recommendations to keep yourself out of the back of a police car.

There is also the spirit of the law.  As a good citizen of Nebraska, you should try to follow the letter of the law, and also the spirit.  The spirit of the law means, if it is tucked in your pants, it is concealed, if it is on the outside of your clothing, fully in plain sight to everyone, it is open carry. 

If you try to work with Law Enforcement, they will be glad to work with you.

On a slightly separate subject, you really WANT to open carry, and have that bag of worms to deal with?

You say, $$$ is stopping you from getting your CHP.

I will comp you a free class, if you take a couple cans of food to any city mission.  Get a receipt, and I will credit you for a free class.  Our class is every Wednesday evening at 6pm, and every Sunday at 9am.  If you do an evening class, finish it off Sunday afternoon at 1pm.

Class is 8 / 9  hours.  Info is at my web site.  www.guns1roses.com 

Well Brandon you can't beat that deal!

Greg58

[OnTheFly]

I will comp you a free class, if you take a couple cans of food to any city mission.

Hell! For that deal, I would even make it a couple cans of caviar. 

Fly

[Kodiak]

it seems you've decided you're not willing to put this through a legal challenge, so your thought process leads you to have nothing to lose by going over their heads (legally speaking)  Try contacting the county attourney about your concerns and the legal elements of what you're doing.  If he says your scenario will be charged, you're in the exact same place you are now.  If he says that the Cass county deputies and sheriff have it wrong, then perhaps you can use that as a stepping point to educate them (not by being a dick and preferabbly through the county attourney)  it may simply be a misunderstanding of the law on their part.  It's at least an avenue worth investigation.

[zofoman]

I will comp you a free class, if you take a couple cans of food to any city mission.  Get a receipt, and I will credit you for a free class.  Our class is every Wednesday evening at 6pm, and every Sunday at 9am.  If you do an evening class, finish it off Sunday afternoon at 1pm.

Gary, this is very nice of you to offer this....well done, sir.