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Thread: Open carry Lincoln, Nebraska

  1. #1
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    I have been at the fore front of firearms issues in Nebraska for a good many years. The has always been the oft repeated rumor that if one were to carry openly in Lincoln, Nebraska that there would be a citation for breach/disturbing of peace. I have in years past had a couple of city officers and at least one county deputy tell me that they would cite open carry as a breach of peace.

    When I queried one of the officers if that applied even if no one complained his reply was, "If you are carrying a firearm you are disturbing someone peace".

    Adhering to the age old adage; Where there is smoke there is fire I believed that it happens/ed.

    Recently I was able to spend a couple hours with Lincoln Police Chief Tom Casady. We have known each other for quite some time and he is a regular reader of my blog. He is acutely aware of all the good and bad I have had to say about him.

    One item in particular we discussed was the idea that open carry would be cited as disturbing the peace.

    The Chief had heard this rumor as well and was unaware of how and where it started. He relayed that his officers do encounter open carry a time or two a month and that is perfetly legal.

    To his knowledge no one has ever been cited for the sole charge of disturbing the peace for openly carrying a holstered sidearm. That is not to say that no one has ever been arrested on that charge for the open display of a firearm, as there have been some that through their own irresponsible actions have called undue attention to themselves. I think that every responsible firearms owner understands that.

    The Chief related that the open carry of a holstered sidearm is legal is not cited by him or his officers as a breach of peace. If one of his officers did errantly do so it would be quickly cleared up to the advantage of the open carrier and remedial training given to the officer involved.

    The Chief also stated that if they recieved a "person with a gun" call they are duty bound to respond to investigate.

    Having been in Law Enforcement I offer the following personal observation;

    In the event of a call for "person with a gun" the level of response by the individual officers will be based on the information they recieved from dispatch.

    The information dispatched will be based on the information provided by the caller.

    If the caller is of the rabid anti-gun variety the information relayed to dispatch may be shall we say "Less than accurate".

    I don't think that requires any explanation either.

    I hope this clears up a lot of the misconceptions that have been held for years concerning the open carry of sidearms in Lincoln, Nebraska.


  2. #2
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    OK, good report. I here that Lincoln is considering banning concealed carry even though NE is now or soon to be a shall issues state - good to know that open carry is still an option, if done peacibly.

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    Administrator John Pierce's Avatar
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    Welcome Gunscribe!

    Thanks for the update. Please keep us informed as NE enacts their CC law. Often, it is the enaction of CC laws that give people that extra feeling of security to open carry.

    They feel that if they have the permit, the worst that an officer can do is tell them to conceal it and therefore are not at nearly as much risk (and this is certainly a valid point).

    Thanks for all you are doing in Nebraska. Feel free to plug your blog here.



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    Yes, Lincoln and a few other cities are considering "opting out" of concealed carry. Some of the "Glorious Leaders" in power in these Political Subdivisions believe that under "Home Rule Authority" that they have the power to do so.

    It is supposed to be on the City Councils agenda in Lincoln sometime in June.



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    gunscribe wrote:
    Yes, Lincoln and a few other cities are considering "opting out" of concealed carry. Some of the "Glorious Leaders" in power in these Political Subdivisions believe that under "Home Rule Authority" that they have the power to do so.

    It is supposed to be on the City Councils agenda in Lincoln sometime in June.

    As far as "Home Rule Authority" goes, I think that it should be nonexistent for firearms regulation. I believe in states rights, not city rights.

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    VApatriot wrote:
    gunscribe wrote:
    Yes, Lincoln and a few other cities are considering "opting out" of concealed carry. Some of the "Glorious Leaders" in power in these Political Subdivisions believe that under "Home Rule Authority" that they have the power to do so.

    It is supposed to be on the City Councils agenda in Lincoln sometime in June.

    As far as "Home Rule Authority" goes, I think that it should be nonexistent for firearms regulation. I believe in states rights, not city rights.
    Patriot's observation is surely correct here. This "Home Rule" nonsense merely creates a patchwork of by-laws which law-abiding packers fall foul of through no real fault of their own. Thisfoolishness needs to STOP!

    TrueBrit.

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    TrueBrit wrote:
    VApatriot wrote:
    gunscribe wrote:
    Yes, Lincoln and a few other cities are considering "opting out" of concealed carry. Some of the "Glorious Leaders" in power in these Political Subdivisions believe that under "Home Rule Authority" that they have the power to do so.

    It is supposed to be on the City Councils agenda in Lincoln sometime in June.

    As far as "Home Rule Authority" goes, I think that it should be nonexistent for firearms regulation. I believe in states rights, not city rights.
    Patriot's observation is surely correct here. This "Home Rule" nonsense merely creates a patchwork of by-laws which law-abiding packers fall foul of through no real fault of their own. Thisfoolishness needs to STOP!

    TrueBrit.
    I'm with all of you. Preemption establishes uniformity statewide, which therefore protects residents and non-residents alike who may be traveling about the state.

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    Thanks gunscribe. I too had heard that open carry was not allowed in Lincoln, and Omaha also, for that matter.
    I was here reading this older thread and was glad to get that info.
    Now if we could only get shall issue passed in Iowa as it has been in NE.

    I am involved with the effort to get it done in Iowa.
    Non starter last session but we will try again in January of 2007.

    I hope NE creates reciprocity with Iowa. We visit relatives in Papillion.

    Burddog


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    Alas, I did not attend my 50th high school reunion in Omaha in July. The CC law was passed too late and information was too sketchy for me. Really, there were other reasons but that was the straw that that did it. When I was in school, I was on the rifle team, drilled with an M1 in jrROTC, played mumbly-peg in grade school (recess) and thought that these rights/privledges would go on forever.
    Local option will severly weaken your newly found must issue right. The law should be amended to close this loophole or the innocent will be punished. Can you say victim? Go get 'em Big Red!
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Moderator / Administrator Grapeshot's Avatar
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    Hoorah! I read that Omaha and Lincoln have voted not to opt out. Truly my faith has been restored and my cup (or is it my holster) runnith over.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

  11. #11
    Campaign Veteran Dutch Uncle's Avatar
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    Bit by bit....inch by inch....

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