I always forget Blair.
We really need to have our members research their city and let us know what the law is there.
The law is stupid. And completely shows why pre-emption is necessary, because it even makes concealed carry something you can still be arrested for, even if you have a NE CHP---according to them, the CHP can be used as an affirmative defense, which means you get to argue it in court.
Blair, NE Ordinances:
http://mail.ci.blair.ne.us/WebLink8/DocView.aspx?id=694926-315 and 6-316 are the specifics.
Basically:
1) any firearm you are carrying or possess in any manner outside your home must be unloaded, and
2) any handgun outside your home must be unloaded and either completely encased or broken down into parts. They specifically mention that in a holster is not sufficiently encased.
Unless you are LEO, or a security guard registered with the Chief of Police, the only way around this is through an affirmative defense.
Even better, "...or the defendant was in compliance with all of the Nebraska Concealed Weapons permit requirements." is still under the
affirmative defense part, which means you can be legally carrying under state law and yet according to this, you can be arrested, charged, and will have to prove this in court.
...which, I believe, is against the law. If you have a NE concealed handgun permit, they cannot arrest you for carrying legally under that law. But apparently they are going to try...
Note: Not a lawyer. But since the exception for CHP holders includes the words "defendant" and is in the section regarding affirmative defense in both ordinances, that's the way it seems to me.
We've got to get pre-emption passed. I'll note that if I was a millionaire, we'd be having a test case about the concealed carry bit tomorrow, and then Blair would be sued for all the money it has for infringing on my rights by directly going against state law (state law currently says that no entity smaller than the state can regulate in any fashion the ownership, possession, or carry of concealable firearms by people who have a Nebraska Concealed Handgun permit, that would be NE Statute 18-1703) plus the little bit about our state constitution.
For those who don't know the statute:
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.Their little affirmative defense clause still goes directly against that state statute.
