Nebraska CCW laws, rules, and regs

This is a discussion on Nebraska CCW laws, rules, and regs within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I'm just starting this thread to open it up for any questions about Nebraska's gun laws or the concealed carry permit laws. Please, ask away....

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Thread: Nebraska CCW laws, rules, and regs

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    Nebraska CCW laws, rules, and regs

    I'm just starting this thread to open it up for any questions about Nebraska's gun laws or the concealed carry permit laws. Please, ask away.
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    Senior Member Array patri0t's Avatar
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    Quote Originally Posted by GunSafeAcademy View Post
    I'm just starting this thread to open it up for any questions about Nebraska's gun laws or the concealed carry permit laws. Please, ask away.
    I will start.
    Are you an attorney who has passed the State Bar Exam for the State of Nebraska working for The Nebraska State Attorney General's Office, being Qualified to render Opinion/Interpretation of current Nebraska Legislation, which may well Effect the Freedoms of the General Public?

    Or are you just filling in?

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    My goodness! That's a helpful response!
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    Distinguished Member Array Anubis's Avatar
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    I've read rumors that some local governments can (or try to) preempt NE state carry law... Is that correct?

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    Omaha has had several anti-gun mayors, and some very anti-gun policies have come out of that. However, LB 817 signed into law by the governor and implemented since June 2010, states that the State CCW law preempts municipalities. Page four of the bill, easily found on the Nebraska Unicameral website, reads as follows:

    "LB 817 LB 817
    1 18-1703 Cities and villages shall not have the power
    2 to regulate the ownership, possession, or transportation of a
    3 concealed handgun, as such ownership, possession, or transportation
    4 is authorized under the Concealed Handgun Permit Act, except as
    5 expressly provided by state law, and shall not have the power
    6 to require registration of a concealed handgun owned, possessed,
    7 or transported by a permitholder under the act."

    Link to the whole bill" http://nebraskalegislature.gov/Floor...inal/LB817.pdf

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    Quote Originally Posted by patri0t View Post
    I will start.
    Are you an attorney who has ...(yada yada yada)
    What I am is an instructor, certified by the Nebraska State Patrol, to teach the Concealed Carry Permit Course. And, as such, I have been certified to instruct students on applicable laws. If you are under the impression that only lawyers and legislators are allowed to discuss the law, I question your reasoning. Even state senators that I generally like, such as Christensen, often try to change laws that they obviously haven't read. (Such as trying to mandate that the State Patrol design a sign to alert people of prohibited places, even though the State Patrol already made the sign and made it readily available... six years ago.)

    While we are nitpicking each other, do you think you could change your "location" to, at the very least "USA"? (capitalized) Of all the unnecessary capitalizations in that sentence, you leave the country you are so proud of, so "patri0tic" for, in lower case?

    Also, the word you wanted was "affect", not "effect", and the term "general public" would apply to all people in the United States, whereas even the Attorney General Jon Bruning really only has a say about laws that affect Nebraskans.

    Other than that, you sounded very smart. Thank you for your feedback.
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    Senior Member Array Dan060's Avatar
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    There are probably those the OP may can help.That said don't bite on any baiters you may come across.

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    Quote Originally Posted by GunSafeAcademy View Post
    I'm just starting this thread to open it up for any questions about Nebraska's gun laws or the concealed carry permit laws. Please, ask away.
    To bad you are not here in Maryland ...............I take that back you don't want to be here i am not sure i want to be here .

    But if i was i Nebraska i would have alot of questions .
    I want to say Thank You even if i don't live in your state keep up the good work .
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    Thanks for stepping up to the plate. I don't have any right now. (Probably because I took my CCW with Gun Safe Academy last year.) But when something comes up, I'll find you on this thread or through PM.

    I can speak from experience, these instructors are very knowledgeable and hold an extremely informative class.

    Sent from my Galaxy Nexus using Tapatalk 4
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    VIP Member Array oakchas's Avatar
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    One very likely reason that a snarky question of your ability to speak with authority regarding your state's laws is the propensity of State Attys General to interpret laws that are well written to mean something that was not intended.

    Such is the case in Iowa where the AG is giving subdivisions the right to post their buildings, when in fact, the State has preemption.

    Also IIRC, there was a fellow some years ago in Omaha who shot an armed perpetrator at Walgreen's.
    There was some posturing by the civil authority because of the nature of the shooter's permit. It got sorted out partially... But it sure wasn't pretty...

    So, no matter the law, or the clarity of it... There will always be challenges.

    Were that not so, we would have absolutely no need for your OPINION of your states laws, because the simply worded "... keep and bear arms, shall not be infringed." Would be sufficient answer.

    Yet, even the most conservative supreme, has left room for "reasonable restrictions." And I value his instruction of the law, more than I would a state licensed "instructor".

    Hope this better explains why some might be somewhat leery of internet legal advise... But thanks for trying to be helpful.



    Yeah, I got tapatalk, too. So what?
    Politicians, take note of Colorado 9/10/2013.
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    Your job is to "serve us" not to lord power over us."
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    Quote Originally Posted by Nebraska12 View Post
    Thanks for stepping up to the plate...
    Thanks for the praise! I started a Facebook Page for us earlier this year, too.

    On a side note, I like the avatar.

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    Member Array WillWork4Ammo's Avatar
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    My brother lives in Nebraska (North Platte) and I might look into moving there in the future.One question I have is the vision requirement for the permit.Is this the same test you take
    at the DMV?Also,if I were to move there,would my firearm training certificate that I used to get my Colorado CHP be ok to use to get a Nebraska permit?Or would I have to get training in Nebraska?
    Thank you for starting this thread.

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    VIP Member Array oakchas's Avatar
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    Oh, and if you are also the grammar and spelling instructor, I realize it should be advice, not advise... But swype and tapatalk conspire to confound, at times.

    Yeah, I got tapatalk, too. So what?
    Politicians, take note of Colorado 9/10/2013.
    "You are elected to service, not power.
    Your job is to "serve us" not to lord power over us."
    Me, 9/11/13

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    VIP Member Array rammerjammer's Avatar
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    Ok, I'll bite.

    I know that we here in Nebraska have a zero tolerance rule for consuming any amount of alcohol while carrying. Lets say someone who carries and is armed has been out and about for the day and eventually ends up at a friends house, out for dinner whatever and chooses to have a drink. Is there a way to transport that firearm back home legally?

    My understanding has been that if said person disarmed before having the drink and were to store the pistol in a locked container in the trunk of their car unloaded and was not able to gain immediate access to said gun, they would not be in violation of the law (assuming they aren't intoxicated over the limit).

    Am I correct? Would the gun have to be unloaded? Does it have to be in a locked case or just a case? Would other spare ammo i.e. spare mags, speed strips also have to be secured in the trunk?

    Thanks
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    Quote Originally Posted by oakchas View Post
    ...there was a fellow some years ago in Omaha who shot an armed perpetrator at Walgreen's. There was some posturing by the civil authority because of the nature of the shooter's permit. It got sorted out partially... But it sure wasn't pretty...
    James McCullough was the shooter at Walgreens you mentioned. Two men came in to rob the place, one with an unloaded shotgun. McCullough drew his concealed pistol, shot at the man with the shotgun 8 times, only hit him 4 times (he ran out of the store and fell dead in the parking lot.) Then McCullough followed the second suspect to the back of the store, and brought him to the front and held him for police.

    The County attorney decided he wasn't going to file charges against McCullough, but the City attorney, Marty Conboy, tried to file charges.

    Here was the issue, HE DIDN'T HAVE A CONCEALED CARRY PERMIT. He had an open carry permit, but he was carrying concealed. They confiscated McCullough's firearm, but Conboy never did file charges because you couldn't tell well enough on the video if it was concealed or not, and no one in the store would testify against McCullough.

    On a side note, they destroyed the firearm, yes, even without ever filing charges. Illegal as all get out, but Omaha has done this as a matter of course for a long time because no one challenges it. So, McCullough used force justifiably, but was carrying the firearm illegally concealed.

    As for the Iowa bit you mentioned, I don't claim to be an expert on Iowa law and I'm not going to comment on Iowa law.
    Aceoky likes this.

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