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Thread: State Patrol; on Sec. 28-1202

  1. #1
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    From: http://www.nsp.state.ne.us/FindFile.asp?ID2=256


    How does the new concealed handgun permit law work with the old law still in place?

    The existing Nebraska concealed weapons law (Nebraska Revised Statutes § 28-1202) was retained in the statutes and generally prohibits the carrying of concealed weapons including handguns, bowie knife, knifes with a blade over 3 ½”, brass or iron knuckles, and any other deadly weapons. There is an exception in this law which allows the carrying of a concealed weapon by persons engaged in a lawful business, calling or employment at the time of carrying the weapon but only under circumstances which would justify a prudent person in carrying a weapon for the defense of his or her person, property, or family. Unlike the concealed handgun permit law, there are no specific limitations on the places where a concealed weapon can be carried under this provision. Persons utilizing this exception are cautioned that the place where a weapon is carried will have a bearing on the reasonableness of carrying the weapon. This exception, instead of being authority to carry, is an affirmative defense to a charge of carrying a concealed weapon – in other words, you may have to prove in court that you qualify for the exception.

    The existing concealed weapons statute applies to those who do not have a concealed handgun permit. The statute also applies to those holding a concealed handgun permit if the weapon carried is NOT a handgun (I.e. bowie knife, iron knuckles, etc.). Concealed handgun permit holders must comply with all provisions of the Concealed Handgun Permit Act any time they are carrying a concealed handgun and may not carry a handgun under the provisions of Nebraska Revised Statutes § 28-1202.

    Yeah, this needs to be challenged...

    Because of this very language I am very hesitant to continue with the CCW. I have been certified for both the NE and UT CCW permits. But something just does not sit right with me regarding all these rules, the fingerprinting, the long two month wait.



  2. #2
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    The Nebraska State Patrol is not in place to interpret the law, they are there to ENFORCE the law. If there is no provision in state law stating what the NSP is stating, they are applying their own standard to the law, yes you are right, this MUST be challenged. It is common practice to carry a knife as well as a handgun, hell living in Iowa I can carry a knife as long as it is under 5"!

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