From the Nebraska City Newspress
http://www.ncnewspress.com/articles/2009/01/21/news/doc4975de98d0041940332115.txtdan Swanson
news | press
A recent opinion from the state Attorney General?s Office calls into question Nebraska City?s blanket ban on concealed handguns.
The state Legislature allowed concealed handguns for people who pass required training and qualify for a permit in the Concealed Handgun Permit Act in 2007, but Nebraska City commissioners were told it would not impact bans already in place in cities.
Attorney General Jon Bruning released an opinion on Jan. 14, however, that the law has no provision for cities to option out of the concealed carry law.
Instead, he said, the law says permits are ?valid throughout the state,? and ?permit holders may carry a concealed handgun anywhere in the state? with some exceptions.
Concealed handguns have been banned in Nebraska City since 1938. City officials said permit holders entering the city limits must remove the weapon to a clearly visible location.
Besides handguns, a Nebraska City ordinance bans concealed bowie knives, metal knuckles and slingshots.
Even travelers on the J. Sterling Morton beltway are impacted. The city has jurisdiction over a quarter mile of the beltway from the south intersection to the east entrance of the Factory Stores of America mall.
Those obtaining permits must pass a criminal background check, be 21 or older and pass a driver's license vision test. Permits will not be issued to people who are habitually drunk or drugged, have a history of unlawful violence, or have been found mentally ill and dangerous within five years. More than 4,700 Nebraskans have obtained permits since the law was passed.
Nebraska City Police Chief David Lacy said no permit holder has been charged with a concealed weapon in Nebraska City since the state law took effect.
Bruning said the city?s ban would probably not hold up, if a permit holder challenged it in court.
Bruning said he believes the state benefits from the concealed carry law. ?It provides an opportunity for citizens to protect themselves and sometimes others,? he said.
The state law prohibits concealed weapons in courtrooms, financial institutions, schools, school events, political rallies, some establishments with a liquor license and any place where the property owner has prohibited it.
