Carry in Nebraska

This is a discussion on Carry in Nebraska within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; carry in Nebraska... with the new law I heard something about can I open carry in Neb. next wednesday driving from Denver Co. to Council ...

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Thread: Carry in Nebraska

  1. #1
    Member Array denverbear's Avatar
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    Carry in Nebraska

    carry in Nebraska...
    with the new law I heard something about can I open carry in Neb.
    next wednesday driving from Denver Co. to Council Bluffs Iowa?...I do not think concealed carry is allowed yet????????????
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  3. #2
    Distinguished Member Array Pro2A's Avatar
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    I really have no clue what you are asking... could you rephrase your question?

  4. #3
    Member Array denverbear's Avatar
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    I thought I remember something about Nebraska changing thier open carry laws a couple of weeks ago...I know that concealed carry is a no go but can I open carry on my side in the car with no problem's.???
    and is open carry outside the car legal??????
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  5. #4
    Distinguished Member Array Pro2A's Avatar
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    IANAL... but it looks like OC in your car is legal as long as it's clearly visible. On foot you look like you are ok as well despite localities passing bans against state pre-emption. I'm sure someone from NE can chime in.

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    Member Array mnconceal's Avatar
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    Concealed carry is not allowed yet in Iowa? wth?
    IMO conceal carry should be allowed along with open carry because that will save the 911 call centers a whole lot of time so they don't have to keep answering calls from the public about someone openly carrying over and over again. A man in Coon Rapids openly carried in TMobile and the cops showed up and drew upon him and then told him "Do you know the meaning of conceal and carry" and he had to tell them "Officer, my permit say's "Permit to carry"
    Last edited by Captain Crunch; June 14th, 2009 at 12:32 AM. Reason: Profanity workaround.

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    NE has had open carry for years, for now you may need a special permit to OC in Omaha, so just avoid Omaha.

    If I was in a car, I would put it on the seat or similar area so it would be visible.

    When you get to the Iowa border, you are screwed.


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    An ounce of lead is worth 200lbs of cop.

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    Member Array Husker Sig's Avatar
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    You can avoid Omaha and its traffic by crossing into Iowa at Bellevue
    Ne. then take I 29 into Council Bluffs. You can carry in the car as long as it is in plain view. Cover it if you get out for break. The further you get from Omaha the more progun people are.
    Hugh

  9. #8
    New Member Array Ryan45cal's Avatar
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    carry in Nebraska...
    with the new law I heard something about can I open carry in Neb.
    next wednesday driving from Denver Co. to Council Bluffs Iowa?...I do not think concealed carry is allowed yet????????????
    The new law that passed was actually concerning concealed carry, not open. It stops cities from banning ccw among a few other things. It does nothing in regards to open carry.

    Open carry is legal in Nebraska, but do NOT do it in Omaha without a permit or NE CHP.

  10. #9
    Senior Member Array Sergeant Mac's Avatar
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    As far as I know, open carry has always been legal in Nebraska.

    ....and I am CERTAIN that there is currently no state statute prohibiting it.

    Omaha has a city ordinance prohibiting it, and some of the other larger "cities" frown upon it "unofficially".

    Whether it's considered "concealed" or not will depend on the circumstances, and the judgment of the individual LEO, at least to begin with. For instance, if you're carrying in a SOB holster, it's not in view of the officer while you're sitting in the seat, no matter where he stands. (I wouldn't worry too much about this in the western half of the state, but out east........)

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    Member Array Weedy's Avatar
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    State Statute 28-1212

    Open carry is perfectly legal in the state just as Sgt. Mac has stated since there is no law against it. It is strongly reccomended the firearm be in plain sight of an officer, or unloaded in the trunk if you are pulled for some reason in your vehicle, and I wanted you to see the actual statute as it is written about firearms in vehicles.

    "The presence in a motor vehicle other than a public vehicle of any firearm or instrument referred to in section 28-1203, 28-1206, 28-1207, or 28-1212.03 shall be prima facie evidence that it is in the posession of and is carried by all persons occupying such motor vehicle at the time such firearm or instrument is found, except that this section shall not be applicableif such firearm or instrument is found upon the person of one of the occupants therin."

    28-1211 simply states that NE allows NE residents to transport firearms to the contigious state of NE and does not specifiy any conditions of the firearm. It does not refer to non-NE residents.

    Ok sorry if this was too much info or pointless, but I thought it might be applicable for your situation. Definitely avoid OC in Omaha as you will probably be stopped & questioned, and since you can't register it with Omaha you would be in trouble.

    OK done now!

  12. #11
    Member Array denverbear's Avatar
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    Quote Originally Posted by Weedy View Post
    Open carry is perfectly legal in the state just as Sgt. Mac has stated since there is no law against it. It is strongly reccomended the firearm be in plain sight of an officer, or unloaded in the trunk if you are pulled for some reason in your vehicle, and I wanted you to see the actual statute as it is written about firearms in vehicles.

    "The presence in a motor vehicle other than a public vehicle of any firearm or instrument referred to in section 28-1203, 28-1206, 28-1207, or 28-1212.03 shall be prima facie evidence that it is in the posession of and is carried by all persons occupying such motor vehicle at the time such firearm or instrument is found, except that this section shall not be applicableif such firearm or instrument is found upon the person of one of the occupants therin."

    28-1211 simply states that NE allows NE residents to transport firearms to the contigious state of NE and does not specifiy any conditions of the firearm. It does not refer to non-NE residents.

    Ok sorry if this was too much info or pointless, but I thought it might be applicable for your situation. Definitely avoid OC in Omaha as you will probably be stopped & questioned, and since you can't register it with Omaha you would be in trouble.

    OK done now!
    thanks everyone for the info...leaving wed morning...I guess it's bullets in the glove box and weapon in trunk just to stay safe..
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  13. #12
    Member Array Weedy's Avatar
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    Hopefully with the passage of LB430 we will see reciprocity between NE and CO soon!

  14. #13
    Member Array denverbear's Avatar
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    I hope so...I travel to Illinois 2-3 times a year and it would be nice to stay protected on the highways going east..
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  15. #14
    Member Array denverbear's Avatar
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    Well I made it back to Colorado but had a problem when I stopped in Ogalala for a quick snack at 1 am in the morning...I guess Neb. has a law that you cannot make a u-turn at lights and was pulled over by an officer...had my S&W 642 in my open area of dash with cylinder open and no rounds in weapon.
    I told officer I was open carrying and pointed to weapon...He was great. took my lic. and ccw and went back to his vehicle and came back I am sure after running me in computer and gave me a friendly warning and then we talked for a few minutes about stomach surgery etc. and shook my hand and then left...
    I know there are a lot of good officers out there and he was one of them.

    On the other hand the officer in Iowa who stopped my daughter for going 2mph over the limit was a butt accoring to her...he profiled her as an Illegal as he pulled up alongside her saw her with her boyfriend and my 2 grand-daughters in car and dropped back and pulled her over...he was really kinda mean to her and since she is a correction's officer she told him he was not very proffesional and to either give her a ticket or let her go...he did give her a warning ticket but at least that does not count...I think he thought he had a car full of Illegals and was going to get a gold star for the stop.
    why do officers feel the need to harass someone for a couple of miles over as all she was trying to do was go around a slow truck to exit 1/2 mile down the road...I guess I still hate Iowa.....lol
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  16. #15
    Member Array Weedy's Avatar
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    Man that's totally awesome to hear, not that you got pulled, but about your experience with the LEO. You definitely did the right thing by letting him know straight away about the weapon, and I'm sure that earned you some points and added to the reason you didn't get a ticket. +1 for NE I guess!

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