DaveB
You've raised a Most Excellent Question.
I've heard the same assertion made several times by others in the CHP/CCW fraternity, including other CHP instructors. And frankly, I dunno.
My several searches of the Nebraska Administrative Code, Title 272, Ch. 21 which governs the issuance of Concealed Handgun Permits by the Nebraska State Patrol on this point haven't found anything which directly addresses this issue.
A review of Nebraska State Statutes 69-2427 thru 69-2449 [Concealed Handgun Act] likewise comes up empty with respect to Open Carry.
Further, if you search the rest of the Nebraska Statutes for Open Carry, you won't find much help there. Our Good Friend and Mentor, DanW, has made that point elsewhere in the NFOA Forum.
My very uneducated guess is that this issue is one of those items where the prosecutor and the judge make up the law on the spot. Whatever the result, that outcome then becomes a precedent for future case law.
Since the CHP Statutes are relatively new, we may not even have such a case decided yet in Nebraska.
Living in Omaha, I've tried to cover my butt on this issue by obtaining a City of Omaha Handgun Identification Card [so called Open Carry Card] from the National Safety Council. Show your CHP, fill out a brief form, pay $10, get your picture taken, and get the card. Won't know if it works until we hear from the prosecutor and the judge, which I hope is Never.
Main Thing: Don't Get Swept Up by the System in the First Place, if you can help it. Getting out of it is like getting loose from the Tar Baby.
