Laws on open carry and concealed carry

[HenryPatrick]

I was wondering if there was a place to look for all the laws cocerning Nebraska's open carry and concealed carry. I was also wondering if we could get a sticky  so we can refer back to it when nescessary. I am in the process of getting things in order to start open carrying, but need some info about transpoting the firearm in a vehicle. This is where the concealed carry part comes in correct? 

[Jesse T]

We have a nice mini overview of some laws right here on the site:

http://www.nebraskafirearms.org/index.php?option=com_content&view=article&id=2&Itemid=5

Vehicle doesn't matter unless you conceal the firearm in the vehicle. On the dash, visible on the seat next to you, or even visibly in a holster is legal except in Omaha, without their open carry permit (or a CHP). 

[HenryPatrick]

Thanks for the information. I was under the impression that the firearm had to be out of reach of the passengers(including driver) otherwise a Concealed permit was required?  Is this wrong?

[Jesse T]

Theres no law like that I'm aware of.  You can't have a loaded shotgun in the car is pretty much it.

[HenryPatrick]

IN the link you sent under transportation I interpret that to mean locked in a trunk or in a hard case at all times. Right or wrong?

[Jesse T]

"It is always legal to transport your firearm in your trunk, Unloaded and cased. In vehicles without a trunk, the firearm must be in a locked, hard case. (Federal Law)"

I meant it to be a catch all, if you aren't sure if what you're doing is legal, carry it like this and you'll be fine.  I am still pretty sure there are no laws at least on state statutes that are more restrictive, other than the loaded shotgun thing.  Also omaha's open carry permit still applies to openly carried firearms, and NE CHP applies to concealed, concealable firearms.  I don't know of any law that prohibits carrying a loaded rifle, within reach, while driving (or riding) however a hunting guy may be able to pipe in if there is such a thing.  Honestly if you feel you need to drive (or walk) around with a loaded rifle ready to rock, well you are more paranoid than me, but I still think it's legal. Not that you'll do it for long flashing it around without getting at least questioned about it by some "authorities".

[Jesse T]

Another question noone really gives me a straight answer to ever is: does a no Concealed handguns sign constitute a No weapons at all sign?  I.e. is a no CCW zone also a no Open Carry zone?  Technically it doesn't seem like it is but I have yet to find anyone brave enough to tell me to go for it.  (Vals pizza, i'm looking at you >:-( )

And what legal force does "no weapons" buried in your private property's rules page really have? Malls are notorious for this.  I think the answer is if the rules of the property owner say no weapons, you could be cited for trespassing, but its not really a "firearms" violation.  There's a million questions like this that nobody has ever really tested.

My advice is if you are really worried about somethign specific, call a lawyer and ask him if what you want to do is legal.

[OnTheFly]

IN the link you sent under transportation I interpret that to mean locked in a trunk or in a hard case at all times. Right or wrong?

When if first bought a handgun, I wanted to take it to my wife's hometown to do some shooting, but did not want to transport it illegally.  So I called the Lancaster Sheriff's office and presented the question.  Since I have a Suburban, I don't have a "trunk" to lock it in.  The officer said if it were stored as mentioned above (unloaded, etc.) it could be in the far back baggage area of the vehicle.  Otherwise, he suggested that I could have it loaded, but if I was stopped by a LEO, it would have to be in plain sight when the officer approached the vehicle.  Such as on dash.  I didn't do this because I could not see that going well with a LEO.

Fly

[HenryPatrick]

Thanks for all the insight, it's one of those things that's no quite clear for all situations isn't it? Well this helps alot. Now if I just get my CCW I can carry anywhere, that allows concealed. I was wondering to, Jesse about the open carry if it's posted for no concealed. Well it's only a misdemeanor for this anyway right? But in Lincoln, they are nitpicky about midemeanor stuff from what I read on another post here.

[DanClrk51]

From reading other posts about this issue on this forum several people mentioned that they had talked to LEO about this and that it is perfectly legal to have a loaded handgun in your passenger area as long as it is "in plain sight" such as the dash or on the seat next to you. Even carrying it in a holster on your hip as long as it is not covered is legal. The problem comes in when you carry the gun openly walking into the grocery store, movie theater or any public place for that matter. Someone may call the police because seeing people with guns is not an everyday occurence and someone may feel you are up to no good. This will not bring a gun charge as there is no state law forbidding the open carry of handguns. But it could get you cited for "disturbing the peace" or "disorderly conduct". These are petty offenses but still something you would rather want to avoid. The only place where you cannot do this is in the city limits of Omaha. Omaha requires an "Open Carry" permit if you want to openly carry your handgun there. Apparently Omaha will also allow you to open carry if you have the concealed handgun permit. But again.... even with these permits it is possible to be harassed by the police and detained and possibly even cited for "disturbing the peace" or "disorderly conduct".
The best way today in Nebraska to stay out of this sort of trouble is to get the concealed handgun permit. That way no one knows you have it and therefore there are no "man with gun" calls to the police. If you happen to be a security guard and carry your gun openly while in uniform then you probably won't get any people calling the police on you because people see a badge or uniform and they think that you are "allowed" to have that. Of course again if doing this in Omaha you must have the proper permits (handgun registration card & open carry permit).

[Chris Z]

In regards to Posted places, the law, 69-2441 specifically states you cannot "carry concealed".

However I would not walk the gray line on this.... That may be what the law says, but if you go open carrying somewhere that there is  a no guns sign, you are sure to get unwanted attention, and I would not put it past prosecutors to try and convict you on this (even though it technically isn't illegal)

If there is a no guns sign, take your business elsewhere.

[DanClrk51]

If there is a no guns sign, take your business elsewhere.

Agreed.