< Back to the Main Site

Author Topic: Conceal carry while waiting on permit?  (Read 2940 times)

Offline smoore444

  • NFOA Full Member
  • **
  • Join Date: Dec 2012
  • Posts: 6
Conceal carry while waiting on permit?
« on: May 11, 2013, 10:18:37 AM »
I could have sworn i read somewhere in the Nebraska bylaws or something that you can conceal carry as long as you have proof of passing the conceal carry class and while you are in that 45 day waiting period. Does anyone know where to find this or does anybody know? thanks

Offline SS_N_NE

  • NFOA Full Member
  • **
  • Join Date: Feb 2012
  • Posts: 429
Re: Conceal carry while waiting on permit?
« Reply #1 on: May 11, 2013, 10:32:15 AM »
Didn't find the exact reg. but this one is close enough. You have to physically have a valid permit (original not a copy) on your person when carrying concealed.  As per the example below, if you do not have your permit (the paper permit on your person) you shall not carry.

https://statepatrol.nebraska.gov/media/10070/ccwregs.pdf

015 LOST, STOLEN OR DAMAGED PERMITS
015.01 A permit holder whose permit is lost, stolen, or damaged shall notify the Nebraska State Patrol in writing within ten (10) days of determining that the permit is lost, stolen, or damaged. When notified of a lost, stolen, or damaged permit, the Nebraska State Patrol shall cancel the permit. The permit holder shall not carry a concealed handgun until the Nebraska State Patrol issues a replacement.

Offline Gary

  • NFOA Full Member
  • **
  • Join Date: Feb 2013
  • Location: Lincoln
  • Posts: 1199
    • Guns 2 Roses
Re: Conceal carry while waiting on permit?
« Reply #2 on: May 11, 2013, 11:00:07 AM »
you CANNOT carry concealed without a valid, State Patrol issued CHP card.  There is possibly one exception to this, which was done years ago.  Back in the day, the Attorney General of Nebraska did sometimes issue a note to carry concealed.  ERA around the Paul Douglas years.  I had a good friend, deceased, that was very good friends with Douglas, and he told me Douglas used to pass them out sparingly to some people. 
« Last Edit: May 11, 2013, 11:02:51 AM by Gary »

Offline SemperFiGuy

  • Steel Benefactor
  • *
  • Join Date: Apr 2009
  • Location: Omaha, NE
  • Posts: 2079
  • GG Grampaw Wuz a DamYankee Cavalryman
Re: Conceal carry while waiting on permit?
« Reply #3 on: May 11, 2013, 11:12:15 AM »
No.........

No.................., and

NO!!!!!


sfg
Certified Instructor:  NE CHP & NRA-Rifle, Pistol, Shotgun, Personal Protection Inside/Outside Home, Home Firearm Safety, RTBAV, Metallic Cartridge & Shotshell Reloading.  NRA Chief RSO, IDPA Safety Officer, USPSA Range Officer.  NRA RangeTechTeamAdvisor.  NE Hunter Education (F&B).   Glock Armorer

Offline barmandr

  • NFOA Full Member
  • **
  • Join Date: Jun 2010
  • Posts: 316
Re: Conceal carry while waiting on permit?
« Reply #4 on: May 11, 2013, 11:13:28 AM »
Here is what tells you that you have to have the actual permit...

019 OBLIGATIONS OF A PERMIT HOLDER

019.01 At all times while carrying a concealed handgun, a permit holder shall carry the following documentation and display it to any peace officer or emergency service personnel upon request:

019.01A The concealed handgun permit; and

019.01B Nebraska driver’s license, Nebraska-issued state identification card, or military identification card.

019.01C Violation of this provision is a Class III misdemeanor for the first offense and a Class I misdemeanor for a second or subsequent offense.

Offline unfy

  • Lead Benefactor
  • **
  • Join Date: Jun 2010
  • Location: TN (was La Vista, NE)
  • Posts: 1830
  • !!! SCIENCE !!!
Re: Conceal carry while waiting on permit?
« Reply #5 on: May 11, 2013, 02:11:15 PM »
NO!

Do NOT carry without the card. 

Ever.
hoppe's #9 is not the end all be all woman catching pheramone people make it out to be ... cause i smell of it 2 or 3 times a week but remain single  >:D

Offline Gary

  • NFOA Full Member
  • **
  • Join Date: Feb 2013
  • Location: Lincoln
  • Posts: 1199
    • Guns 2 Roses
Re: Conceal carry while waiting on permit?
« Reply #6 on: May 11, 2013, 04:24:36 PM »
Equally important, do carry with your CHP, at all times while carrying a handgun concealed, your Nebraska driver’s license, Nebraska-issued state identification card, or military identification card.

Just having your CHP  alone, is not enough.

For those taking the Brue Swartz class in Fairbury, the CHP badge IS optional.  lol
« Last Edit: May 11, 2013, 04:27:27 PM by Gary »

Offline Gary

  • NFOA Full Member
  • **
  • Join Date: Feb 2013
  • Location: Lincoln
  • Posts: 1199
    • Guns 2 Roses
Re: Conceal carry while waiting on permit?
« Reply #7 on: May 11, 2013, 04:37:31 PM »
I could have sworn i read somewhere in the Nebraska bylaws or something that you can conceal carry as long as you have proof of passing the conceal carry class and while you are in that 45 day waiting period. Does anyone know where to find this or does anybody know? thanks


Several of us have said the answer is no, myself, and others, rather sternly.  Maybe we should say, what would be counter productive for public safety in letting someone carry in that 45 day window.

Just taking the Nebraska State Patrol blessed Concealed Carry class from an NRA Certified Instructor, does not mean, you have passed the FBI background check.

Offline 2guns

  • NFOA Full Member
  • **
  • Join Date: Apr 2013
  • Location: Burwell, NE and close to Lincoln
  • Posts: 24
Re: Conceal carry while waiting on permit?
« Reply #8 on: May 11, 2013, 08:59:23 PM »
Open carry. As long as part of the gun is exposed you are within the law ,and you don't give up all the rights no drivers license required. Most stores don't have problems if the do leave it in the car.
Friend me on facebook Twoguns prepper

Offline XDHusker

  • NFOA Full Member
  • **
  • Join Date: Dec 2011
  • Location: Omaha, NE
  • Posts: 123
Re: Conceal carry while waiting on permit?
« Reply #9 on: May 21, 2013, 08:14:01 AM »
Open carry. As long as part of the gun is exposed you are within the law ,and you don't give up all the rights no drivers license required. Most stores don't have problems if the do leave it in the car.

Just to add, if you're in Omaha you'll need to get an open carry permit.  Costs $15 and that's what I did while waiting.  I also thought it was cheap insurance in case I accidentally exposed my weapon while carrying and somebody wanted to push the issue legally.
USN 91-97, USS Chandler DDG-996

"Democracy is two wolves and a lamb voting on what to have for lunch. Liberty is a well-armed lamb contesting the vote." -Benjamin Franklin

Offline DanClrk51

  • NFOA Full Member
  • **
  • Join Date: Mar 2009
  • Location: Bellevue
  • Posts: 1128
Re: Conceal carry while waiting on permit?
« Reply #10 on: July 12, 2013, 07:30:46 AM »
Just to add, if you're in Omaha you'll need to get an open carry permit.  Costs $15 and that's what I did while waiting.  I also thought it was cheap insurance in case I accidentally exposed my weapon while carrying and somebody wanted to push the issue legally.

XDHusker I hope you're aware that if you have a CHP the city of Omaha will recognize it as a waiver for the OC permit.

Offline ojohnsten

  • NFOA Full Member
  • **
  • Join Date: Aug 2013
  • Location: Kearney
  • Posts: 10
Re: Conceal carry while waiting on permit?
« Reply #11 on: August 15, 2013, 10:33:43 PM »
"Open carry. As long as part of the gun is exposed you are within the law ,and you don't give up all the rights no drivers license required. Most stores don't have problems if the do leave it in the car."

Haven't got the quote a former post figured out just yet. but.

Now this is exactly the opposite of what I understood to be open carry.  Open carry means open carry and so much as a jacket covering half of an obvious holster,  means an illegal concealed weapon. It is not enough to have "any part" showing. Any level of concealment is concealment.     

Offline JTH

  • NFOA Full Member
  • **
  • Join Date: Jan 2009
  • Posts: 2300
  • Shooter
    • Precision Response Training
Re: Conceal carry while waiting on permit?
« Reply #12 on: August 16, 2013, 05:52:17 AM »
"Open carry. As long as part of the gun is exposed you are within the law ,and you don't give up all the rights no drivers license required. Most stores don't have problems if the do leave it in the car."

Haven't got the quote a former post figured out just yet. but.

Now this is exactly the opposite of what I understood to be open carry.  Open carry means open carry and so much as a jacket covering half of an obvious holster,  means an illegal concealed weapon. It is not enough to have "any part" showing. Any level of concealment is concealment.     

Nope.  Other way around.  Any part showing = not concealed.
Precision Response Training
http://precisionresponsetraining.com

Offline Dan W

  • NFOA Co-Founder
  • *****
  • Join Date: Oct 2007
  • Location: Lincoln NE
  • Posts: 8143
Re: Conceal carry while waiting on permit?
« Reply #13 on: August 16, 2013, 12:14:28 PM »
When we passed the CHP bill, we were able to get in a legal description of a concealed firearm, and a firearm is  "not concealed if any part of it is capable of being seen"
Dan W    NFOA Co Founder
Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom.   J. F. K.

Offline GreyGeek

  • NFOA Full Member
  • **
  • Join Date: Dec 2012
  • Posts: 1687
Re: Conceal carry while waiting on permit?
« Reply #14 on: August 17, 2013, 11:12:57 AM »
Smoore444, I'll assume you have NOT  taking your CCW class yet.  If you have and your instructor didn't point out the  illegality  of CCW without a CCW license then you need to ask  for you money back and take a course  from a better instructor.

Offline Dan W

  • NFOA Co-Founder
  • *****
  • Join Date: Oct 2007
  • Location: Lincoln NE
  • Posts: 8143
Re: Conceal carry while waiting on permit?
« Reply #15 on: August 17, 2013, 11:18:20 AM »
Grey Geek, lets not forget about statute 28-1202 and it's affirmative defense for CCW

Quote
28-1202. Carrying concealed weapon; penalty; affirmative defense.

(1)(a) Except as otherwise provided in this section, any person who carries a weapon or weapons concealed on or about his or her person, such as a handgun, a knife, brass or iron knuckles, or any other deadly weapon, commits the offense of carrying a concealed weapon.

(b) It is an affirmative defense that the defendant was engaged in any lawful business, calling, or employment at the time he or she was carrying any weapon or weapons and the circumstances in which such person was placed at the time were such as to justify a prudent person in carrying the weapon or weapons for the defense of his or her person, property, or family.

(2) This section does not apply to a person who is the holder of a valid permit issued under the Concealed Handgun Permit Act if the concealed weapon the defendant is carrying is a handgun.

(3) Carrying a concealed weapon is a Class I misdemeanor.

(4) In the case of a second or subsequent conviction under this section, carrying a concealed weapon is a Class IV felony.
Source
Dan W    NFOA Co Founder
Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom.   J. F. K.