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Thread: Laws for open carry in a vehicle

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    Just started to open carry-cannot find anything about vehicle's for loaded in chamber-pistol on hip or does it have to be on top of dash-any and all info will help Thanks Art

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    http://www.handgunlaw.us/



    This should help.

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    So, if I'm reading the information correctly, the law in Nebraska is that you may not "open carry" a loaded weapon in a car/truck at all without a CCW. I make that assumption since there is no listing for Nebraska specifically. I assume you can conceal carry a loaded handgun if you get the Nebraska CCW "permit". Please correct my interpretation if I am wrong--I won't take offense. I'm still very confused about how to handle the problem of multiple cities "opting out" of the CCW provisions by prohibiting carrying within those cities. I happen to live just outside of and work and do business within one of those cities.

    Thanks.

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    The way I was told there is no mention of open carry in the laws andis therefore legal-as far as motor vehicle it is legal to carry loaded just put weapon on dash or on seat in plain sight.

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    polaris wrote:
    So, if I'm reading the information correctly, the law in Nebraska is that you may not "open carry" a loaded weapon in a car/truck at all without a CCW. I make that assumption since there is no listing for Nebraska specifically. I assume you can conceal carry a loaded handgun if you get the Nebraska CCW "permit". Please correct my interpretation if I am wrong--I won't take offense. I'm still very confused about how to handle the problem of multiple cities "opting out" of the CCW provisions by prohibiting carrying within those cities. I happen to live just outside of and work and do business within one of those cities.

    Thanks.
    I thought Neb had preemtion?....if so, cities shouldn't be able to "opt out".
    You can go here http://www.unicam.state.ne.us/web/public/home and search all Neb laws....grey search box in upper right should locate needed info.

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    No complete preemption yet and probbaly from what I read it will not happen in 2008,Bad deal but we have to work with what we have.CCW in some parts of our good state.I said I will just open carry every where and maybe they will get tired of seeing my sig on my hip and change there stupid city ordinances.


    See Neb. Stat. 69-2425

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    Comp-tech wrote:
    .

    I thought Neb had preemtion?....if so, cities shouldn't be able to "opt out".
    The problem in Nebraska is that there remains a lot of confusion about whether or not cities can opt out. The CCW law is only a year old and apparently nobody has tested in court the cities apparent violation of a provision in the state constitution that appears to say that they can't do that. Same thing with the open carry issue with regard to carry in cars. I called up a lawyer friend last night and after going through the law for about 45 minutes we still didn't have any clear answer. I plan to follow up with some discussions with police officers to see if there is any concensus among them on what THEY think the law is and, more to the point, how they would attempt to enforce and interpret it. Nebraska law certainly needs to be clarified if an educated man and his lawyer aren't sure what the law really is.

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    polaris wrote:
    Comp-tech wrote:
    .

    I thought Neb had preemtion?....if so, cities shouldn't be able to "opt out".
    The problem in Nebraska is that there remains a lot of confusion about whether or not cities can opt out. The CCW law is only a year old and apparently nobody has tested in court the cities apparent violation of a provision in the state constitution that appears to say that they can't do that. Same thing with the open carry issue with regard to carry in cars. I called up a lawyer friend last night and after going through the law for about 45 minutes we still didn't have any clear answer. I plan to follow up with some discussions with police officers to see if there is any concensus among them on what THEY think the law is and, more to the point, how they would attempt to enforce and interpret it. Nebraska law certainly needs to be clarified if an educated man and his lawyer aren't sure what the law really is.
    I "feel your pain".....here in Alabama, we do have preemption but LE dosen't seem to understand/care......we will still be arrested for OC........even though there is no law against it and case law saying that OC is legal.

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    polaris wrote:
    Comp-tech wrote:
    .

    I thought Neb had preemtion?....if so, cities shouldn't be able to "opt out".
    The problem in Nebraska is that there remains a lot of confusion about whether or not cities can opt out. The CCW law is only a year old and apparently nobody has tested in court the cities apparent violation of a provision in the state constitution that appears to say that they can't do that. Same thing with the open carry issue with regard to carry in cars. I called up a lawyer friend last night and after going through the law for about 45 minutes we still didn't have any clear answer. I plan to follow up with some discussions with police officers to see if there is any concensus among them on what THEY think the law is and, more to the point, how they would attempt to enforce and interpret it. Nebraska law certainly needs to be clarified if an educated man and his lawyer aren't sure what the law really is.

    Nebraska State law allows for municipal preemption of state law on firearms only if the city has a population of 300,000 or more. That give Omaha the nod for now, and Lincoln soon. All the other cities are "supposed" to follow state law, but there are many who have opted to try to pass their own ordinances in opposition to state law. These have not been tried as court cases yet, so there is no case law.

    As for trusting what cops know, you couldn't fill a thimble with what most cops know about gun laws.


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    I studied this subject extensively in college, while a resident of Nebraska. Open carry is legal in Nebraska, and until the provisions listing prohibited places in the CCW law were enacted, you could have LEGALLY walked into the "Penis of the Prairie" with a gun on your hip. That's not to say you wouldn't have been asked to leave, etc., and maybe charged with disturbing the peace if people paniced, but you would not be charged with any weapons violations, as there were none. While living in NE I was stopped for speeding by the police several time with a gun in the car, and first thing I did was unload it surreptitiously before I even stopped the car. The only time I was hassled about it was when a rookie Trooper tried to tell me it was supposed to be cased and in the trunk. I corrected him and asked him to call dispatch. He did and was corrected by them as well. He even let me off with a warning for speeding too, I thought for certain I was going to get a ticket. As for Omaha, I didn't take the chance, I took the gun in the car with a case, and was ready to unload and case in a heartbeat. I can't wait to move back to Nebraska, I'll be open carrying again in no time!:celebrate

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    I was a Deputy in Garden County, NE for 8 years. I stopped people with handguns (pistols and revolvers). Either they were on the dash or on the seat in plain veiw. No issues with me. It says in the law it has to be in plain view. I understood it that to keep from being "concealed" it had to be visible. Well, on the dash was quite visible, it was not being hidden under coats, under seat, in the glove box, etc. It was in plain sight.

    Maybe I was wrong but that is my 2 cents.



    Vern




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    Mr. Darth you are correct, it MUST be in open view, however cased is also acceptable. Stashed in the console or glove box is a no-no. I carry a gun in my vehicle damn near every day now! It is so nice being back in the free state of Nebraska vs. Iowegia!

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    trucksurfer wrote:
    I studied this subject extensively in college, while a resident of Nebraska. Open carry is legal in Nebraska, and until the provisions listing prohibited places in the CCW law were enacted, you could have LEGALLY walked into the "Penis of the Prairie" with a gun on your hip. That's not to say you wouldn't have been asked to leave, etc., and maybe charged with disturbing the peace if people paniced, but you would not be charged with any weapons violations, as there were none. While living in NE I was stopped for speeding by the police several time with a gun in the car, and first thing I did was unload it surreptitiously before I even stopped the car. The only time I was hassled about it was when a rookie Trooper tried to tell me it was supposed to be cased and in the trunk. I corrected him and asked him to call dispatch. He did and was corrected by them as well. He even let me off with a warning for speeding too, I thought for certain I was going to get a ticket. As for Omaha, I didn't take the chance, I took the gun in the car with a case, and was ready to unload and case in a heartbeat. I can't wait to move back to Nebraska, I'll be open carrying again in no time!:celebrate

    The places off-limits only apply to concealed handguns. They do not apply to unconcealed handguns. I just went back and read the law.

    Regarding preemption, I could not find the 300,000 people rule, could you please point me to that? I see that ordinances before 1991 are exempt, but it does not appear to have a population limit anywhere.

    Also regarding Omaha, if you go there, you can register a pistol that you usually carry and you can apply for the open carry permit. It's shall-issue and there is no residency requirement.


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    Ok Here’s some info incase someone was asking. You can open carry in Omaha city limits, but you need the open carry class. if you’re military you need your M-9 training card. I live in Iowa and used my NRA Basic Pistol class certificate to apply for my Omaha open carry. I'll let you know In 2 to 3 weeks when I get it.

    Click on the link for more info

    http://www.safenebraska.org/safe-wor...n-training.php

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    I am a concealed carry permit instructor for the state of Nebraska. You can not have a loaded gun within reach or lunge while in your car unless you have a concealed carry permit. On the dash, the seat, your hip, none of those are legal without the CCW permit. If you're in a car, it needs to be unloaded, cased and in the trunk (or as far away from you as you can get it if you don't have a trunk, in the case of driving an SUV).

    If you want to carry in your car, get a CCW.

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    GunSafeAcademy wrote:
    I am a concealed carry permit instructor for the state of Nebraska. You can not have a loaded gun within reach or lunge while in your car unless you have a concealed carry permit. On the dash, the seat, your hip, none of those are legal without the CCW permit. If you're in a car, it needs to be unloaded, cased and in the trunk (or as far away from you as you can get it if you don't have a trunk, in the case of driving an SUV).

    If you want to carry in your car, get a CCW.
    Show me the ordinance. Starts around NRS 28-1201. What is the actual statute? I don't think that it is illegal to carry a loaded pistol in plain view, in a car or pickup, within reach. There are many ranchers that keep their rifles loaded in the pick up when driving just in case they happen to be checking fence or cattle, or their livestock and see a coyote. You cannot have a loaded shot gun in a vehicle, but I think that is as far as it goes.



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    artedna wrote:
    Just started to open carry-cannot find anything about vehicle's for loaded in chamber-pistol on hip or does it have to be on top of dash-any and all info will help Thanks Art
    http://www.omahasheriff.org/frequent...un-permit-faqs

    from the Douglas county sheriff website


    Question:
    If my handgun is lying on the front seat or on the dash, is it okay?
    Answer:
    If you are within the city limits of Omaha, you must have a concealed carry permit to carry a firearm in a vehicle, even when the firearm is in plain view. Outside the city limits of Omaha, you may carry a firearm in your vehicle if it is in plain view. Note: City boundaries are uneven and subject to change. It is your responsibility to know when you are in the city limits. Carrying a weapon that is accessible to passengers in a vehicle is not recommended. If you are stopped by a police officer and a weapon is visible, cooperate fully with the officer's commands and do not make sudden moves or touch the gun for any reason.




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    rtlicari wrote:
    Ok Here’s some info incase someone was asking. You can open carry in Omaha city limits, but you need the open carry class. if you’re military you need your M-9 training card. I live in Iowa and used my NRA Basic Pistol class certificate to apply for my Omaha open carry. I'll let you know In 2 to 3 weeks when I get it.

    Click on the link for more info

    http://www.safenebraska.org/safe-wor...n-training.php
    requiring a class and permit for open carry is unconstitutional under DC v Heller ~ IMHO -

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    Talked with the former Sherriff of Garden County the other night. He was also a retired State Patrolman...many years on the job. I knew him personally, and he was a no nonsence sort of a law enfocement officer. If you had a ticket coming, you got a ticket. Just that way. He said as long as it was not concealed, there should be no problem with a handgun on the dash of the vehicle or anywere in the vehicle AS LONG AS it was not covered or concealed.



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    polaris wrote:
    So, if I'm reading the information correctly, the law in Nebraska is that you may not "open carry" a loaded weapon in a car/truck at all without a CCW. I make that assumption since there is no listing for Nebraska specifically. I assume you can conceal carry a loaded handgun if you get the Nebraska CCW "permit". Please correct my interpretation if I am wrong--I won't take offense. I'm still very confused about how to handle the problem of multiple cities "opting out" of the CCW provisions by prohibiting carrying within those cities. I happen to live just outside of and work and do business within one of those cities.

    Thanks.
    Looked at the U.S. Carry site. It does not state that you cannot carry a loaded pistol in a vehicle OPENLY. It only states that they do not know or have the status. Which is true. There is no law regarding an open legally obtained/carry hand gun in a vehicle, as long as it is visible (not concealed) Re-read that again. It just states it is unlawful to have a loaded long gun concealed within the vehicle. Loaded shotguns have always been a no-no. You may not CONCEAL carry a loaded weapon in a car/truck without a CCW.

    Hope that clarifies it a bit for you. You see, if there is no statute, and no provision for punishment if that statute is broken, then there is no law against it. NO statute, means no law, means it's legal to open carry. Read the entire section, and sections, especially as they relate to firearms in 28.**** You won't find one statute regarding the legality or not of open carry loaded pistol because there is not one. Only statutes that come close are pertaining, only to concealed pistols, not open un-concealed pistols.



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    Those fall my family will be taking a trip through Nebraska. Not that it matters but I have a MO CCW permit. My father in law and brother in law are LEO and can carry in all 50 states because of the federal law but I am not that lucky. I called the Nebraska Highway Patrol and they said it had to be out of reach of the driver but from what I am reading I am ok if it's carried openly. I am not going through Omaha. Can I just open carry it on my hip in the car?

    Keith

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    keithw1975 wrote:
    Can I just open carry it on my hip in the car?

    Keith
    In short, No. On the dash it should be alright. In the trunk of the car locked, should be ok. Your side, on the hip, would be construed as "concealed" within a car. IE it is not readily visible to a Law Enforcement or other officer, if it is on your hip. Which, also puts it "within" reach. However, I have talked with former Garden County Sheriff, and who retired from NE State Patrol, and as long as it is plainly visible, like on the dash, should be ok.



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    I just spoke with a State Trooper who himself does not have a problem with people open carrying, but he did say that it MUST be clearly visible while in a vehicle and that if stopped you MUST tell the officer that you have a "loaded firearm" in the vehicle. He also stated that a lot of officers around the state will have a problem with anyoe open carrying a "loaded" firearm, and I find that to be truly sad; why would you want to carry an unloaded firearm? He also stated that carrying on your hip, while on a motorcycle is perfectly legal, as long as there is nothing that could hide it from view. He also stated once again, that if I were to do so, that I would stand a better than average chance of being stopped just beacause I was carrying. I only live a mile from the state line, and would like to know that I can legally cross the state line without being harrased, but it appears that there are State Troopers that do not like the fact that people can carry legally.
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    We are tracking NE as allowing unlicensed open carry of handguns in vehicles; however, it appears there is a preemption issue so perhaps we need to change this to "where local law allows." See http://www.opencarry.org/travel.html

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    We are tracking NE as allowing unlicensed open carry of handguns in vehicles; however, it appears there is a preemption issue so perhaps we need to change this to "where local law allows." See http://www.opencarry.org/travel.html

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