Nebraska AG Opinion says Omaha's gun registration not legal

[Mike]

Just a side-note: are any NE members working on getting full carry preemption passed?

Off the cuff I think NE, KS, andMO are the only open carry states withoutfull carry preemption.

Anybody got a copy of the opinion? if registration is inapplicable to concealed eprmot holders, then maybe the same cold be said of Omaha's open carry ban?

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http://www.ago.state.ne.us/news/pressreleases/032610_CCW_Omaha_Opinon_MR.pdf

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http://www.ktiv.com/Global/story.asp?S=12210956

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http://www.omaha.com/article/20100326/NEWS97/703279993


Published Saturday March 27, 2010


Opinion: Omaha violating gun law

By Paul Hammel
WORLD-HERALD BUREAU


LINCOLN — Gun-rights advocates now have some legal ammunition trying to persuade the City of Omaha to change its handgun registration requirements.

A legal opinion Friday from the Nebraska Attorney General’s Office said the city is not following state law by continuing to require holders of state-issued concealed handgun permits to register the guns locally.

The registration requirement, at least as it pertains to holders of concealed-carry permits, was nullified by a state law passed in 2009, according to the opinion written by Assistant Attorney General Charlie Lowe.

Andy Allen of Syracuse, president of the Nebraska Firearms Owners Association, said his group has been trying to persuade Omaha to change its legal stance for the past year.

“I believe the attorney general makes that clear,” Allen said.

Omaha City Prosecutor Marty Conboy said he hadn’t yet read the opinion to see what legal guidance it provides. Conboy has said state laws do not affect local registration ordinances, only those ordinances that banned concealed weapons.

Omaha City Prosecutor Marty Conboy said he hadn’t yet read the opinion to see what legal guidance it provides. Conboy has said state laws do not affect local registration ordinances, only those ordinances that banned concealed weapons.

. . .

[We-the-People]

I'm from Oregon and a tad bit up on our laws here (there are so few for firearms).

What is this "full carry premption" you mention?

We are a "shall issue" Concealed Handgun License (CHL) state.

The legislature has prempted all gun regulation unless it "expressly authorizes" such regulation. For carry, it has only authorized cities and counties to regulate the carry of LOADED weapons (by non CHL holders).

Without aCHL Oregonians can carry almost anywhere in the state but cities and counties are allowed to pass local ordinances to prohibit the carry of LOADED weapons. At last count there were 8 such cities and no counties (all in the anti-gun north part of the state). "Public buildings" (and their grounds) are off limits to any weapon without a CHL (city hall, county offices, schools, colleges, even the city water office).

Those with a CHL are exempt from any and all regulations not passed by the state legislature and can carry openly or concealed anywhere that state and federal law do not prohibit it.

State law only restricts such places (for CHL holders) as court facilities (but does not include any municipal court in the definition of a court facility)& secure portions of jails. Schools and colleges, airports (outside TSA), City hall, even the state house are all perfectly legal for a CHL holder to carry loaded and openly or concealed.

While NOT smart, it would be perfectly legal here to walk into school to pick up your child while openly carrying a holstered, loaded,handgun and spare mags.

So....are we "full carry premption"?

[Mike]

We-the-People wrote:

I'm from Oregon and a tad bit up on our laws here (there are so few for firearms). . . . So....are we "full carry premption"?

yes, at least for permit holders - i had a typo- MO is the other state I was thinking of

[mtncrash1]

Mike here is a copy of the opinion.

http://www.ago.state.ne.us/agopinions/pdf/Opinion_10008_03-26-10.pdf

This was only ment to change the registration of hanguns in the city.To my knowledge nobody has tried to change the open carry law in the city. Right now a permit is required to open carry in Omaha. Either a CCW or Omahas open carry permit. This is the only city in the state that requires this.

As your link states the NFOA is trying to get Omaha to change the registration requirement. At this point our priority is to fine tune the CCW law and also get a castle doctrin in place.In the future going after Omahas open carry law may be something we will look at.This would be put to a vote of the membership and would also have to get a senator to sighn on with it.Many of our members do open carry some within the city but find it easier just to ccw most of the time.

[Mike]

mtncrash1 wrote:

Right now a permit is required to open carry in Omaha. Either a CCW or Omahas open carry permit.

OK, that's good news - do you have a link to that ordinance handy?

Also, i think I recall seeing a mandate in Omaha that handgun registrants be 21 - has someboy 18-20 who owns a handgun ever inquired about that - i.e., what they are to do?

[mtncrash1]

I dont have the links you asked for but in the state you must be 21 to buy or posess handguns. So I dont think anybody has challenged the registration. If you search the city laws you will find it written that as a CCW holder you may carry openly with in the city.

[simmonsjoe]

We-the-People wrote:

While NOT smart, it would be perfectly legal here to walk into school to pick up your child while openly carrying a holstered, loaded,handgun and spare mags.

Explain how this isn't smart. Is your gun somehow more likely randomly shoot at kids in a school? Why is your gun more behaved at Starbucks?

[We-the-People]

REMOVED BY OP

Sorry Mike, didn't intend it to be a hijacking.

[wrightme]

So, the only 'not smart' label is due to a law created to make something 'not smart.'

"Not Prudent" would be more fitting possibly.

[Mike]

We-the-People wrote:

Not smart because it would bring bad JUJU.

You can't go onto school property unless you have a CCW (state law).

Take this discussion to the Oregon forum, pls do not hijack threads, thanks.

[Grapeshot]

Mike wrote:

mtncrash1 wrote:

Right now a permit is required to open carry in Omaha. Either a CCW or Omahas open carry permit.

OK, that's good news - do you have a link to that ordinance handy?

Also, i think I recall seeing a mandate in Omaha that handgun registrants be 21 - has someboy 18-20 who owns a handgun ever inquired about that - i.e., what they are to do?

Open Carry Permit Class

This program is available to anyone* age 21 and older interested in handgun safety. It is REQUIRED for all persons possessing and transporting exposed concealable loaded firearms in the City of Omaha. After successful completion of the course, a City of Omaha Handgun Permit may be issued.

These people can likely point you in the right direction.
http://www.safenebraska.org/safe-wor...n-training.php

Yata hey

[zekester]

Missouri'spreemption either died or didn't make committee this session.

Working to get it going for the next one.

Z

[ne0031]

Straight from Mr. Conboy this morning......

--- On Wed, 6/23/10, Conboy III, Marty J (PSC) <Marty.Conboy@ci.omaha.ne.us> wrote:

From: Conboy III, Marty J (PSC) <Marty.Conboy@ci.omaha.ne.us>
Subject: RE: CCW permit
To: "M_"
Date: Wednesday, June 23, 2010, 8:26 AM

CCW permit If the attorney general has granted reciprocity to a state, those permit holders would have exemption from the carry permit requirements of any city in Nebraska. A gun could be carried openly except in prohibited places.

[ne0031]

And.....

--- On Tue, 6/22/10, Conboy III, Marty J (PSC) <Marty.Conboy@ci.omaha.ne.us> wrote:

From: Conboy III, Marty J (PSC) <Marty.Conboy@ci.omaha.ne.us>
Subject: CCW permit
To: "M_"
Date: Tuesday, June 22, 2010, 9:34 AM

I do not have the statute section referring to reciprocity in Nebraska handy, but for those possessing a permit from a state where such reciprocity has been recognized by her attorney general, the permit would preclude the carrying requirements of the City of Omaha.

[Grapeshot]

ne0031 wrote:

And.....

--- On Tue, 6/22/10, Conboy III, Marty J (PSC) <Marty.Conboy@ci.omaha.ne.us> wrote:

From: Conboy III, Marty J (PSC) <Marty.Conboy@ci.omaha.ne.us>
Subject: CCW permit
To: "M_"
Date: Tuesday, June 22, 2010, 9:34 AM

I do not have the statute section referring to reciprocity in Nebraska handy, but for those possessing a permit from a state where such reciprocity has been recognized by her attorney general, the permit would preclude the carrying requirements of the City of Omaha.

When flouted, laws have no meaning/teeth until they have been tested in court.

We can have all of the opinions we want, but when a municipality like Omaha chooses to go the extra-legal route, they win until someone with enough money and fortitude challenge them.

I suggest that anyone not prepared to do this and not fully aware of the possible outcomes proceed with caution if thinking about OCing in Omaha.

Yata hey

[Texaschl]

well about 2 weeks ago I Open carried and was not given a second look by the 4 bike officers in the old market area as my self and girlfriend went in and out of the shops. but I won't be pushing my luck much,after talking to one of the shop owners that was stopped and his Kimber Pro carry was taken and he is still fighting to get it back .

I will CCW as they can't see it and I will give them no reason to stop me at all.


I am new to Nebraska and plan on being here for a very long time .


Texaschl who is now a Nebr. CHL