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artedna
Regular Member
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Posted: Sun Oct 21st, 2007 11:11 pm |
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Just started to open carry-cannot find anything about vehicle's for loaded in chamber-pistol on hip or does it have to be on top of dash-any and all info will help Thanks Art
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300RUM
Regular Member
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Posted: Mon Oct 22nd, 2007 02:54 am |
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http://www.handgunlaw.us/
This should help.
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polaris
Regular Member
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Posted: Sat Feb 2nd, 2008 04:58 am |
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So, if I'm reading the information correctly, the law in Nebraska is that you may not "open carry" a loaded weapon in a car/truck at all without a CCW. I make that assumption since there is no listing for Nebraska specifically. I assume you can conceal carry a loaded handgun if you get the Nebraska CCW "permit". Please correct my interpretation if I am wrong--I won't take offense. I'm still very confused about how to handle the problem of multiple cities "opting out" of the CCW provisions by prohibiting carrying within those cities. I happen to live just outside of and work and do business within one of those cities. 
Thanks.
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artedna
Regular Member
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Posted: Sat Feb 2nd, 2008 05:31 am |
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The way I was told there is no mention of open carry in the laws andis therefore legal-as far as motor vehicle it is legal to carry loaded just put weapon on dash or on seat in plain sight.
Last edited on Sat Feb 2nd, 2008 05:39 am by artedna
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Comp-tech
State Researcher
| Joined: | Tue Apr 10th, 2007 |
| Location: | Alabama USA |
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Posted: Sat Feb 2nd, 2008 05:53 am |
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polaris wrote: So, if I'm reading the information correctly, the law in Nebraska is that you may not "open carry" a loaded weapon in a car/truck at all without a CCW. I make that assumption since there is no listing for Nebraska specifically. I assume you can conceal carry a loaded handgun if you get the Nebraska CCW "permit". Please correct my interpretation if I am wrong--I won't take offense. I'm still very confused about how to handle the problem of multiple cities "opting out" of the CCW provisions by prohibiting carrying within those cities. I happen to live just outside of and work and do business within one of those cities.
Thanks.
I thought Neb had preemtion?....if so, cities shouldn't be able to "opt out".
You can go here http://www.unicam.state.ne.us/web/public/home and search all Neb laws....grey search box in upper right should locate needed info.
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artedna
Regular Member
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Posted: Sat Feb 2nd, 2008 06:13 am |
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No complete preemption yet and probbaly from what I read it will not happen in 2008,Bad deal but we have to work with what we have.CCW in some parts of our good state.I said I will just open carry every where and maybe they will get tired of seeing my sig on my hip and change there stupid city ordinances.
See Neb. Stat. 69-2425
Last edited on Sat Feb 2nd, 2008 06:47 am by artedna
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polaris
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Posted: Sat Feb 2nd, 2008 06:37 pm |
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Comp-tech wrote: .
I thought Neb had preemtion?....if so, cities shouldn't be able to "opt out".
The problem in Nebraska is that there remains a lot of confusion about whether or not cities can opt out. The CCW law is only a year old and apparently nobody has tested in court the cities apparent violation of a provision in the state constitution that appears to say that they can't do that. Same thing with the open carry issue with regard to carry in cars. I called up a lawyer friend last night and after going through the law for about 45 minutes we still didn't have any clear answer. I plan to follow up with some discussions with police officers to see if there is any concensus among them on what THEY think the law is and, more to the point, how they would attempt to enforce and interpret it. Nebraska law certainly needs to be clarified if an educated man and his lawyer aren't sure what the law really is.
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Comp-tech
State Researcher
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Posted: Sun Feb 3rd, 2008 01:09 am |
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polaris wrote: Comp-tech wrote: .
I thought Neb had preemtion?....if so, cities shouldn't be able to "opt out".
The problem in Nebraska is that there remains a lot of confusion about whether or not cities can opt out. The CCW law is only a year old and apparently nobody has tested in court the cities apparent violation of a provision in the state constitution that appears to say that they can't do that. Same thing with the open carry issue with regard to carry in cars. I called up a lawyer friend last night and after going through the law for about 45 minutes we still didn't have any clear answer. I plan to follow up with some discussions with police officers to see if there is any concensus among them on what THEY think the law is and, more to the point, how they would attempt to enforce and interpret it. Nebraska law certainly needs to be clarified if an educated man and his lawyer aren't sure what the law really is.
I "feel your pain".....here in Alabama, we do have preemption but LE dosen't seem to understand/care......we will still be arrested for OC........even though there is no law against it and case law saying that OC is legal.
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trucksurfer
Regular Member
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Posted: Wed Mar 5th, 2008 07:17 pm |
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polaris wrote: Comp-tech wrote: .
I thought Neb had preemtion?....if so, cities shouldn't be able to "opt out".
The problem in Nebraska is that there remains a lot of confusion about whether or not cities can opt out. The CCW law is only a year old and apparently nobody has tested in court the cities apparent violation of a provision in the state constitution that appears to say that they can't do that. Same thing with the open carry issue with regard to carry in cars. I called up a lawyer friend last night and after going through the law for about 45 minutes we still didn't have any clear answer. I plan to follow up with some discussions with police officers to see if there is any concensus among them on what THEY think the law is and, more to the point, how they would attempt to enforce and interpret it. Nebraska law certainly needs to be clarified if an educated man and his lawyer aren't sure what the law really is.
Nebraska State law allows for municipal preemption of state law on firearms only if the city has a population of 300,000 or more. That give Omaha the nod for now, and Lincoln soon. All the other cities are "supposed" to follow state law, but there are many who have opted to try to pass their own ordinances in opposition to state law. These have not been tried as court cases yet, so there is no case law.
As for trusting what cops know, you couldn't fill a thimble with what most cops know about gun laws.
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trucksurfer
Regular Member
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Posted: Wed Mar 5th, 2008 07:35 pm |
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I studied this subject extensively in college, while a resident of Nebraska. Open carry is legal in Nebraska, and until the provisions listing prohibited places in the CCW law were enacted, you could have LEGALLY walked into the "Penis of the Prairie" with a gun on your hip. That's not to say you wouldn't have been asked to leave, etc., and maybe charged with disturbing the peace if people paniced, but you would not be charged with any weapons violations, as there were none. While living in NE I was stopped for speeding by the police several time with a gun in the car, and first thing I did was unload it surreptitiously before I even stopped the car. The only time I was hassled about it was when a rookie Trooper tried to tell me it was supposed to be cased and in the trunk. I corrected him and asked him to call dispatch. He did and was corrected by them as well. He even let me off with a warning for speeding too, I thought for certain I was going to get a ticket. As for Omaha, I didn't take the chance, I took the gun in the car with a case, and was ready to unload and case in a heartbeat. I can't wait to move back to Nebraska, I'll be open carrying again in no time!
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Darth AkSarBen
Regular Member
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Posted: Sun Sep 7th, 2008 02:34 pm |
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I was a Deputy in Garden County, NE for 8 years. I stopped people with handguns (pistols and revolvers). Either they were on the dash or on the seat in plain veiw. No issues with me. It says in the law it has to be in plain view. I understood it that to keep from being "concealed" it had to be visible. Well, on the dash was quite visible, it was not being hidden under coats, under seat, in the glove box, etc. It was in plain sight.
Maybe I was wrong but that is my 2 cents.
Vern
Last edited on Sun Sep 7th, 2008 04:35 pm by Darth AkSarBen
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trucksurfer
Regular Member
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Posted: Sun Sep 7th, 2008 02:45 pm |
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| Mr. Darth you are correct, it MUST be in open view, however cased is also acceptable. Stashed in the console or glove box is a no-no. I carry a gun in my vehicle damn near every day now! It is so nice being back in the free state of Nebraska vs. Iowegia!
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Jared
Regular Member
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Posted: Mon Sep 8th, 2008 05:32 am |
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trucksurfer wrote: I studied this subject extensively in college, while a resident of Nebraska. Open carry is legal in Nebraska, and until the provisions listing prohibited places in the CCW law were enacted, you could have LEGALLY walked into the "Penis of the Prairie" with a gun on your hip. That's not to say you wouldn't have been asked to leave, etc., and maybe charged with disturbing the peace if people paniced, but you would not be charged with any weapons violations, as there were none. While living in NE I was stopped for speeding by the police several time with a gun in the car, and first thing I did was unload it surreptitiously before I even stopped the car. The only time I was hassled about it was when a rookie Trooper tried to tell me it was supposed to be cased and in the trunk. I corrected him and asked him to call dispatch. He did and was corrected by them as well. He even let me off with a warning for speeding too, I thought for certain I was going to get a ticket. As for Omaha, I didn't take the chance, I took the gun in the car with a case, and was ready to unload and case in a heartbeat. I can't wait to move back to Nebraska, I'll be open carrying again in no time!
The places off-limits only apply to concealed handguns. They do not apply to unconcealed handguns. I just went back and read the law.
Regarding preemption, I could not find the 300,000 people rule, could you please point me to that? I see that ordinances before 1991 are exempt, but it does not appear to have a population limit anywhere.
Also regarding Omaha, if you go there, you can register a pistol that you usually carry and you can apply for the open carry permit. It's shall-issue and there is no residency requirement.
Last edited on Mon Sep 8th, 2008 05:33 am by Jared
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rtlicari
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Posted: Wed Nov 19th, 2008 03:33 am |
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Ok Here’s some info incase someone was asking. You can open carry in Omaha city limits, but you need the open carry class. if you’re military you need your M-9 training card. I live in Iowa and used my NRA Basic Pistol class certificate to apply for my Omaha open carry. I'll let you know In 2 to 3 weeks when I get it.
Click on the link for more info
http://www.safenebraska.org/safe-working/concealed-carry-handgun-training.php
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GunSafeAcademy
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Posted: Fri May 8th, 2009 10:51 pm |
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I am a concealed carry permit instructor for the state of Nebraska. You can not have a loaded gun within reach or lunge while in your car unless you have a concealed carry permit. On the dash, the seat, your hip, none of those are legal without the CCW permit. If you're in a car, it needs to be unloaded, cased and in the trunk (or as far away from you as you can get it if you don't have a trunk, in the case of driving an SUV).
If you want to carry in your car, get a CCW.
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Darth AkSarBen
Regular Member
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Posted: Sat May 9th, 2009 04:13 am |
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GunSafeAcademy wrote: I am a concealed carry permit instructor for the state of Nebraska. You can not have a loaded gun within reach or lunge while in your car unless you have a concealed carry permit. On the dash, the seat, your hip, none of those are legal without the CCW permit. If you're in a car, it needs to be unloaded, cased and in the trunk (or as far away from you as you can get it if you don't have a trunk, in the case of driving an SUV).
If you want to carry in your car, get a CCW.
Show me the ordinance. Starts around NRS 28-1201. What is the actual statute? I don't think that it is illegal to carry a loaded pistol in plain view, in a car or pickup, within reach. There are many ranchers that keep their rifles loaded in the pick up when driving just in case they happen to be checking fence or cattle, or their livestock and see a coyote. You cannot have a loaded shot gun in a vehicle, but I think that is as far as it goes.
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Fetus
Regular Member
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Posted: Sat May 9th, 2009 11:37 pm |
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artedna wrote: Just started to open carry-cannot find anything about vehicle's for loaded in chamber-pistol on hip or does it have to be on top of dash-any and all info will help Thanks Art
http://www.omahasheriff.org/frequently-asked-questions/gun-permit-faqs
from the Douglas county sheriff website
Question:
If my handgun is lying on the front seat or on the dash, is it okay?
Answer:
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. 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 sudden moves or touch the gun for any reason.
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TatankaGap
Regular Member
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Posted: Wed May 13th, 2009 05:42 pm |
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rtlicari wrote: Ok Here’s some info incase someone was asking. You can open carry in Omaha city limits, but you need the open carry class. if you’re military you need your M-9 training card. I live in Iowa and used my NRA Basic Pistol class certificate to apply for my Omaha open carry. I'll let you know In 2 to 3 weeks when I get it.
Click on the link for more info
http://www.safenebraska.org/safe-working/concealed-carry-handgun-training.php
requiring a class and permit for open carry is unconstitutional under DC v Heller ~ IMHO - 
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Darth AkSarBen
Regular Member
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Posted: Wed May 13th, 2009 07:09 pm |
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Talked with the former Sherriff of Garden County the other night. He was also a retired State Patrolman...many years on the job. I knew him personally, and he was a no nonsence sort of a law enfocement officer. If you had a ticket coming, you got a ticket. Just that way. He said as long as it was not concealed, there should be no problem with a handgun on the dash of the vehicle or anywere in the vehicle AS LONG AS it was not covered or concealed.
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Darth AkSarBen
Regular Member
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Posted: Wed May 13th, 2009 07:30 pm |
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polaris wrote: So, if I'm reading the information correctly, the law in Nebraska is that you may not "open carry" a loaded weapon in a car/truck at all without a CCW. I make that assumption since there is no listing for Nebraska specifically. I assume you can conceal carry a loaded handgun if you get the Nebraska CCW "permit". Please correct my interpretation if I am wrong--I won't take offense. I'm still very confused about how to handle the problem of multiple cities "opting out" of the CCW provisions by prohibiting carrying within those cities. I happen to live just outside of and work and do business within one of those cities.
Thanks.
Looked at the U.S. Carry site. It does not state that you cannot carry a loaded pistol in a vehicle OPENLY. It only states that they do not know or have the status. Which is true. There is no law regarding an open legally obtained/carry hand gun in a vehicle, as long as it is visible (not concealed) Re-read that again. It just states it is unlawful to have a loaded long gun concealed within the vehicle. Loaded shotguns have always been a no-no. You may not CONCEAL carry a loaded weapon in a car/truck without a CCW.
Hope that clarifies it a bit for you. You see, if there is no statute, and no provision for punishment if that statute is broken, then there is no law against it. NO statute, means no law, means it's legal to open carry. Read the entire section, and sections, especially as they relate to firearms in 28.**** You won't find one statute regarding the legality or not of open carry loaded pistol because there is not one. Only statutes that come close are pertaining, only to concealed pistols, not open un-concealed pistols.
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