A head's up if you are carrying in Omaha.....

[Jay]

As many of you know, Omaha has an ordinance on the books requiring all concealable firearms within the city limits to be registered with the city.    There have been mixed messages coming from the city on if this ordinance would apply to non-residents with CHP permits carrying while in city limits. While there is nothing in the wording of the ordinance exempting non residents from registration, I have been under the impression from various communications (second hand) that non residents would not be prosecuted if found to be carrying a non registered firearm because, well frankly because it just makes sense. How can the city possibly expect non residents visiting or even just passing through to even know about this ordinance, let alone abide by it? Think about it, if someone with a Nebraska CHP is traveling from North Platte to Falls City, according to the ordinance they would have to stop into the Omaha police department and register their firearm with the city before they could continue on with their trip. Unlike cities that ban concealed carry, the alternative of stopping at the city limits, unholstering the weapon, and continuing on carrying openly until exiting the city and re holstering is not an option because you have to have an Omaha permit to open carry as well. I have not attempted to make any communications regarding this because I was comfortable enough with the communications I had seen to leave well enough alone. Sometimes stirring the pot, even just to get clarification can backfire.

Well, now I am hearing more and more information which makes me believe that if a permit holder is discovered  in Omaha with an unregistered firearm    , it is a very distinct possibility that person could find themselves up the proverbial creek. I think it is now time to take the bull by the horns on this one and get this silliness off the books. While we are at it, we might as well get Omaha's unconstitutional requirement of a permit to carry openly off the books as well. If we can't get registration thrown out all together (which I don't see happening) then let's at least make it so law abiding citizens don't become criminals just by driving down the interstate.

Here is a link to the Omaha City Council. Let's flood them with letters explaining why we need a change.

http://www.ci.omaha.ne.us/departments/city_council/default.htm

[Cathy1911]

According to e-mail I received from J. Michael Tesar in the City Prosecutor's office, even out of state residents are affected by this ordinance:

No one may have a handgun in Omaha that is not registered. The response from O.P.D. is accurate. OMC Sec. 20-251 provides:

(a)   It shall be unlawful for any person to own, have possession of, or maintain control over any concealable firearm which has not been registered to said person with the chief of police in accordance with this division, except when such possession or control is with the knowledge and express consent of the person in whose name such concealable firearm is registered.

If you think about it it would not make sense for the City to allow conduct for non citizens that is forbidden to residents. Furthermore, a primary purpose of the registration ordinance is to enable the police to quickly locate the owner/victim in stolen gun cases; if a person from another city or state brings a handgun to town, leaves it in his car and a thief steals that gun and is caught committing a crime with it we are unable to quickly contact the gun owner if it is not registered.

Emphasis mine.

So somebody from, say, South Dakota driving through Omaha on his way to Kansas with an unloaded handgun in a locked case in the locked trunk of his car is in violation of this ordinance.  If he stops anywhere in Omaha, his car is broken into, and his gun is stolen, he can be arrested for "having" an unregistered handgun in Omaha.

And they feel this is reasonable?

[Dan W]

and that stance would be in direct conflict with  the Federal Safe Passage Act, which reads as follows:

18 USC 926A

Interstate Transportation of Firearms

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver's compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

[Aldo]

Ok, now I am confused.    In a scenario where I am traveling to or through Omaha, and I am carrying concealed (IWB holster), am I not legally covered by just putting my piece in a lock box that is bolted to the driver's side of the middle console when I cross into Omaha's city limits?

[Dan W]

Ok, now I am confused.    In a scenario where I am traveling to or through Omaha, and I am carrying concealed (IWB holster), am I not legally covered by just putting my piece in a lock box that is bolted to the driver's side of the middle console when I cross into Omaha's city limits?

You must register any concealable firearm to possess it in Omaha. Locked inside the passenger compartment is considered concealed, so you are not covered by doing that, or by open carry in Omaha.  Either register your pistol, or  stay out of Omaha.

[Aldo]

You must register any concealable firearm to possess it in Omaha. Locked inside the passenger compartment is considered concealed, so you are not covered by doing that, or by open carry in Omaha.  Either register your pistol, or  stay out of Omaha.

Ok...time for me to pull out my "neccwtraining" manual from a couple of years ago...and if the Omaha statute is outdated, please correct me...and if my interpretation is wrong, please correct me:

• Omaha Sec.20-192. Carrying concealed weapon.  It shall be unlawful for any person except an authorized law enforcement officer purposely or knowingly to carry a weapon concealed on or about his person.  On or after January 1, 2007 any person possessing a lawful permit issued by the State of Nebraska authorizing the carrying of concealed handguns shall be permitted to carry such a concealed handgun in the City of Omaha as permitted by State Law.
  
  
• Omaha Sec 20-206. Carrying weapons. (a) As provided in section 20-192, the carrying of a concealed weapon is expressly forbidden.  (b) In all other cases, it shall by unlawful for a person to go armed with a loaded concealable firearm of any kind or to knowingly carry or transport a concealable firearm in a motor vehicle, provided, however, that this section shall not apply to the following persons: (4) Persons who for any lawful purpose carry an unloaded concealable firearm inside a closed and fastened container or securely wrapped package which is too large to be concealed on the person.

Now, having posted that info, why doesn't that second sentence of Sec.20-192 and the part of Sec.20-206(b)(4) allow me to travel to and/or through Omaha with my handgun locked in the lockbox bolted to the console in my truck?

I have a CCW permit which meets the qualifications of the first quoted section, and I lock it up which meets the qualifications of the second quoted section.

The only thing that could be the hiccup is the "for any lawful purpose" of the quoted second section.  Is not the Second Amendment ample enough definition for "any lawful purpose"?  An unlawful purpose would be to say to an LEO that one is on their way to rob a bank in Omaha!

Thoughts?  (I know, Dan W, you are probably gonna tell me to stay out of Omaha or register my handgun)...it's very frustrating. 

[Jesse T]

Try 20-251.

Sec. 20-251.  Required.
(a)   It shall be unlawful for any person to own, have possession of, or maintain control over any concealable firearm which has not been registered to said person with the chief of police in accordance with this division, except when such possession or control is with the knowledge and express consent of the person in whose name such concealable firearm is registered.
(Code 1980, ? 20-251; Ord. No. 36045, ? 1, 9-24-02)

You can not be in the city limits of omaha with a concealable firearm that is not registered. period.

I call this the "Jesse T is banned from omaha" rule.

[Aldo]

Uugghhh! Well, I guess there's also a subsection called "Aldo is banned from Omaha", too.

    I don't know whether to be angry  > , bummed out  , roll my eyes  , or just say "Huh?" 

Wow.  I am amazed that the Senators who supported the CCW in the first place aren't hammerin' Omaha on the side of the head!!!

[Jesse T]

It's pretty much a BS rule, and I do not want my guns on some list so a lackey can look me up later and come to my door to confiscate it.  It is bad enough I have to register myself as a card carrying freedom lover. 

No big loss to me. If they don't want my gun in their city, they don't want me in it either. 

[Aldo]

Okay....maybe I'm being numb in the head, dumb in the head, or both (probably this choice)....but in going to the Douglas County Sheriff's website re gun permit FAQ, here are four of the relevant questions/answers posted there on this issue:

• 2. What is the definition of a concealed weapon?
  
  If a law enforcement officer can see the handgun, either carried on your person or in your car, it is not concealed. If the officer cannot see the handgun, or portions of it are not visible at any point, it is concealed. If you carry a weapon on or about your person concealed, you are in violation of Nebraska State Statute 28-1202.
  
  3. Is it permissible to transport a firearm under the seat or in the glove box of a vehicle?
  
  NO.  In both instances the firearm is concealed because it is not in plain sight and is easily accessible.
  
  4. If my handgun is lying on the front seat or on the dash is it okay?
  
  If you are within the city limits of Omaha, you must have a concealed carry permit to carry a firearm in a vehicle, even when the firearm is in plain view. Outside the city limits of Omaha, you may carry a firearm in your vehicle if it is in plain view. Note: City boundaries are uneven and subject to change. It is your responsibility to know when you are in the city limits of Omaha. Carrying a weapon that is accessible to passengers in a vehicle is not recommended. If you are stopped by a police officer and a weapon is visible, cooperate fully with the officer's commands and do not make any sudden moves or touch the gun for any reason.
  
  5. What is the best way to transport a firearm?
  
  Locked in its case unloaded and stored in the trunk. The ammunition should not be stored with the firearm.  If you are in a pick-up, the weapon should be unloaded and locked in its case and placed behind the seat where it is not readily accessible to the occupants.

Alright, so now based on that info, does it not seem ok for a NE CCW permit holder to his/her handgun, if stopped by an Omaha LEO, up on your dash?  And if so, then it comes back to rigging a way for that to easily be done.  For example: 1) piece of velcro on the dash, and 2) the opposing piece of velcro on the backside of an inexpensive soft cloth holster (like an Uncle Mike's).  Then, if there's a time when the red and blue lights are flashing in the rear-view mirror, the Uncle Mike's along with the gun comes off my belt and up on the dash, pull over to the side of the road, and say, "Hello, officer, wazzup?" 

[USN Retired]

From everything I've read and one of my co-workers sent a letter to the city asking; you must register if you want to take a handgun into Omaha. The old City Attorney said that if you don't live in Omaha you don't have to register. He suddenly went on sabbatical. The guy that took over says that you must register...period. You do whatever your checkbook can stand.

It doesn?t exactly apply but we have a saying at work...You can do/say anything you want on your last day on the job!

[Dan W]

Alright, so now based on that info, does it not seem ok for a NE CCW permit holder to his/her handgun, if stopped by an Omaha LEO, up on your dash?  And if so, then it comes back to rigging a way for that to easily be done.  For example: 1) piece of velcro on the dash, and 2) the opposing piece of velcro on the backside of an inexpensive soft cloth holster (like an Uncle Mike's).  Then, if there's a time when the red and blue lights are flashing in the rear-view mirror, the Uncle Mike's along with the gun comes off my belt and up on the dash, pull over to the side of the road, and say, "Hello, officer, wazzup?" 

And the Officer will ask if you have a permit for that handgun and is it registered with OPD. You must have an open carry permit, or a concealed handgun permit, plus have any concealable firearm registered with OPD, or you have  violated one of Omaha's ordinances.

If you have your CHP, there is no need to put it on the dash. But you are still required to have registered any concealable firearm or you have violated the law

[Aldo]

Alright, so now based on that info, does it not seem ok for a NE CCW permit holder to his/her handgun, if stopped by an Omaha LEO, up on your dash?  And if so, then it comes back to rigging a way for that to easily be done.  For example: 1) piece of velcro on the dash, and 2) the opposing piece of velcro on the backside of an inexpensive soft cloth holster (like an Uncle Mike's).  Then, if there's a time when the red and blue lights are flashing in the rear-view mirror, the Uncle Mike's along with the gun comes off my belt and up on the dash, pull over to the side of the road, and say, "Hello, officer, wazzup?" 

And the Officer will ask if you have a permit for that handgun and is it registered with OPD. You must have an open carry permit, or a concealed handgun permit, plus have any concealable firearm registered with OPD, or you have  violated one of Omaha's ordinances.

If you have your CHP, there is no need to put it on the dash. But you are still required to have registered any concealable firearm or you have violated the law

Ok, ok, ok, ok......

.....so now I have to drive to Omaha and complete the application???....and there's not even one online to prepare ahead of time???....they (OPD, sheriff, etc) sure don't make it easy....

....I guess that's the point!

So, what's the drawback other than time and the price of gas?.....as Jesse T said, one is then on a "list"...I'm already on a CCW list, so what the heck.

Has anyone done this yet and not feel like they've caved in to some BS ruling???

[Randy]

Has anyone done this yet and not feel like they've caved in to some BS ruling???

Yes, I have registered two of my handguns and yes I caved in, Or was I wise?

[Aldo]

Has anyone done this yet and not feel like they've caved in to some BS ruling???

Yes, I have registered two of my handguns and yes I caved in, Or was I wise?

You were wise considering that you want to ensure you are adhering to the "Omaha law" when you travel there.

There's just a part of me that wants to "stand up and shout", as they say at the Husker football games when the Huskers are on the defense in a tight situation.

And that is where I feel right now....in a tight situation....I don't want trouble with the OPD (and thus on my record)....and yet I feel it is my freedom and right, as granted by 2A and by the NE ccw bill, to carry wherever in NE....I have passed all of the background checks and have been fingerprinted, palmprinted, side of hand printed, etc on a digital scanner and am now forever in an electronic database.

So, that brings me to the question of whether there is a legal leg to stand on by filing suit against Omaha for their restrictive carry statutes, especially in light of the AG's legal opinion and the verbal clarification by the NE Senator(s) who authored the NE ccw bill?  Why should I have to wait until after an "incident" occurs (e.g., either a self-defense situation when I am in Omaha, or just being pulled over by OPD for an unbeknownst missing tail light and face a citation for violating their carry statutes?  Why can't there be a legal pre-emptive strike so to speak?  Why not go after the Big Kahuna of Omaha and then have the other 12 or so municipalities fall like flies?  Would the NRA back (not just politically but also financially) such an endeavor?

[Jesse T]

Pretty sure the NRA does not care much about nebraska... we are small fish to big sharks like them. 

To register your gun I believe you have to actually bring the gun into the OPD.  Which is kind of a double standard since technically you are breaking the law to bring it there.

I disagree about the "oh well" factor of the list.  Yes my name is on a list of CCW'ers.  But big brother does not know what kind or how many guns I own.  I am OK with being known by the gov't as a gun owner.  I am proud of that fact.  However I do not want him knowing what I own so he can come to my front door with a list of serial numbers of guns to turn in.   

[Aldo]

Pretty sure the NRA does not care much about nebraska... we are small fish to big sharks like them.

I thought I read on a thread either this forum or the CCW Nebraska forum that the NRA had "someone" coming to NE...and I thought that maybe it was about the preemption bit...but I could be mistaken...not the first or last time

I disagree about the "oh well" factor of the list.  Yes my name is on a list of CCW'ers.  But big brother does not know what kind or how many guns I own.  I am OK with being known by the gov't as a gun owner.  I am proud of that fact.  However I do not want him knowing what I own so he can come to my front door with a list of serial numbers of guns to turn in.   

True...point well-taken!!

[USN Retired]

It's not a painful process. A co-worker and I went down and registered during lunch one day. We took our unloaded weapons into the office in locked boxes. Asked for and received the paperwork which we filled out on the spot, paid our pound of flesh, they ran a check on the serial number or whatever they were doing back there (that took the longest) and we were on our way. If you aren't a resident of Omaha you only have to register the one weapon you plan on carrying. I hate having to register but I hate the thought of going un-armed in Omaha more. I like to limit myself to only one carry weapon because in a stressful situation I want to make sure that I am very familiar with the operation of that weapon. My Beretta has the safety on the slide but my 1911?s safety is on the frame. Stuff like that makes a difference in the dark, when scared, pissed, moving, etc.

[Aldo]

....or whatever they were doing back there (that took the longest)....

Eating donuts?!?! 

Actually, thanks for the processing info/experience....good to know that it can be relatively quick...but painful (i.e., the idea, as you and Jesse T pointed out, that they now know at least one specific handgun is in your possession.  Greatly appreciated!

[JimP]

I thought I read on a thread either this forum or the CCW Nebraska forum that the NRA had "someone" coming to NE...and I thought that maybe it was about the preemption bit...but I could be mistaken...not the first or last time


True...point well-taken!!

If it's Jordan Austin, don't get yer hopes up.......... he's not really that effective in the hearing room: I've watched him twice and was not really impressed.  Ernie was making him look sillly.....

...not to mention the fact that the NRA WAS AGAINST US on 958 'bout this time last year: they were cutting another deal with the antis....... for somthinwe did not really want!