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Thread: Open Carry in Nebraska

  1. #1
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    It has been awhile since I have logged in, I apologize for that. As I was going through the Nebraska related posts I came across the following conversation on the lagallity of Open Carry in the Cornhusker State;

    I wish Tim Tyrrell would chime in on a couple of these threads here. It might clear up a lot of "gray area".

    Every elected or appointed officials I have talked to in the Cornhusker State has stated uniquivocly that open carry is legal in Nebraska. When I query as to where it says that in either the Constitution or Statutes I am met with the deer in the headlights look. No where in those documents does it say that the citizens of Nebraska have the Right to open carry.

    Therein lies the crux;

    Homerule dictates (that are unconstitutional anyway) that the carrying of concealed weapons can be banned by local ordinance.

    Section 26 of the Constitution states that (paraphrase) all powers not herein granted remain with the people.

    In the original Constitution there was never any power delegated to the State or Political Subdivisions to regulate firearms in any manner.

    Innitiative Measure # 403 (created by a grassroots group and voted on by the citizens of nebraska) added the Right to Keep and Bear Arms language to the Constitution in 1988.

    As I have written in the past Innitiative Measure #403 was intended by the framers to (in 1988) make Nebraska a "Vermont Carry" state. Since that time there has not been a Court Challenge to that specific aspect of the measure.

    There has been a death penalty appeal, a posession of a defaced firearm appeal and at least one felon in posession appeal.

    The bottom line is that open carry is legal in the state of Nebraska because nothing in the Constitution or Statutes forbids it. This does not however negate anti-gun Peace Officers from personally misusing the power of their authority in intimidating your decision to execise personal rights.

    Knowledge is the key factor in the outcome of any situation involving the "jack booted" tactics employed by the very small minority of Peace Officers that abuse their authority.

    Most of the time if you can politely and accurately articulate that you are aware of the laws governing your activity they will back off and allow you to procede.

    If you don't know your Rights, are uncivil about them or can not explain to them the error of their ways they will run rough shod over you, possibly issue a citation and confscate your property.

    Just remember when you pick up a firearm you pick up all the responsibility that goes with it. That includes not only safe firearms handling it includes explicitly knowing the laws governing your conduct.

    Gun



  2. #2
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    gunscribe wrote:
    It has been awhile since I have logged in, I apologize for that. As I was going through the Nebraska related posts I came across the following conversation on the lagallity of Open Carry in the Cornhusker State;

    I wish Tim Tyrrell would chime in on a couple of these threads here. It might clear up a lot of "gray area".

    Every elected or appointed officials I have talked to in the Cornhusker State has stated uniquivocly that open carry is legal in Nebraska. When I query as to where it says that in either the Constitution or Statutes I am met with the deer in the headlights look. No where in those documents does it say that the citizens of Nebraska have the Right to open carry.

    Therein lies the crux;

    Homerule dictates (that are unconstitutional anyway) that the carrying of concealed weapons can be banned by local ordinance.

    Section 26 of the Constitution states that (paraphrase) all powers not herein granted remain with the people.

    In the original Constitution there was never any power delegated to the State or Political Subdivisions to regulate firearms in any manner.

    Innitiative Measure # 403 (created by a grassroots group and voted on by the citizens of nebraska) added the Right to Keep and Bear Arms language to the Constitution in 1988.

    As I have written in the past Innitiative Measure #403 was intended by the framers to (in 1988) make Nebraska a "Vermont Carry" state. Since that time there has not been a Court Challenge to that specific aspect of the measure.

    There has been a death penalty appeal, a posession of a defaced firearm appeal and at least one felon in posession appeal.

    The bottom line is that open carry is legal in the state of Nebraska because nothing in the Constitution or Statutes forbids it. This does not however negate anti-gun Peace Officers from personally misusing the power of their authority in intimidating your decision to execise personal rights.

    Knowledge is the key factor in the outcome of any situation involving the "jack booted" tactics employed by the very small minority of Peace Officers that abuse their authority.

    Most of the time if you can politely and accurately articulate that you are aware of the laws governing your activity they will back off and allow you to procede.

    If you don't know your Rights, are uncivil about them or can not explain to them the error of their ways they will run rough shod over you, possibly issue a citation and confscate your property.

    Just remember when you pick up a firearm you pick up all the responsibility that goes with it. That includes not only safe firearms handling it includes explicitly knowing the laws governing your conduct.

    Gun

    Thank you for the excellent post. I will keep it in mind for my next visit to Nebraska.



    Tarzan

  3. #3
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    The Omaha City Attorney's office wrote me an e-mail in response to my question of laws for/against OC in their city and said the following:

    There are more restrictive handgun laws in Omaha than in the rest of the state. You may not go armed in Omaha without a specific permit. Your gun, if transported, must not be accessible or operational (loaded) if you carry it in your vehicle. In addition, many businesses prohibit firearms on their property. For complete details, check the Omaha ordinances online, or consult your attorney.

  4. #4
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    My folks still live near Auburn, and I get back that way a couple times a year. Might have to try to OC next time I drive back. Come to think of it, the guy who runs the Hunters Headquarters OC's in his store. I dunno if he does around town, but everyone knows him which would keep him from getting hassled.

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