Results 1 to 25 of 25

Thread: WORLD-HERALD BUREAU - Self-defense shooting sparks move to ease gun carry ermit process in Nebraska

  1. #1
    Moderator / Administrator
    Join Date
    May 2006
    Location
    Fairfax County, Virginia, USA
    Posts
    8,711

    Post imported post

    http://www.omaha.com/article/20100429/NEWS01/704299833

    Should gun permits be easier?

    By Paul Hammel
    WORLD-HERALD BUREAU


    LINCOLN - A citizen's fatal shooting of a would-be robber in Omaha has sparked a debate over whether Nebraska should join three other states and do away with training and permit requirements to carry concealed handguns.

    Harry J. McCullough III, a 32-year-old drugstore customer, shot one robber who was holding a sawed-off shotgun and apprehended another.

    McCullough did not possess a state permit to carry a concealed handgun. He probably would be ineligible for such a permit because of his 1997 misdemeanor conviction for carrying a concealed weapon.

    Many credit the actions of the former security guard with preventing the robbery and injury to others Monday night in a Walgreens store in the Benson neighborhood. McCullough drew his .40-caliber pistol and fired eight shots. Four struck the robber.

    “This is a perfect example of why the good guys should have guns and the bad guys shouldn't,” said attorney James Martin Davis, who is representing McCullough.
    State Sen. Mark Christensen of Imperial said Wednesday that he would favor Nebraska's joining Arizona, Vermont and Alaska in waiving all requirements except the criminal background check to carry concealed weapons.

    That way, more people would carry concealed guns, the rural lawmaker said.

    “Why give criminals the edge?” Christensen said. “Police do a great job, but we can't afford enough to have them everywhere.”

    Sen. Scott Lautenbaugh of Omaha said he would be open to looking at a law change.

    . . .

    An official of the National Rifle Association, which backed the Christensen proposal, said the organization is hoping to persuade other states to follow the lead of Arizona, which passed a law this spring to do away with the training and permit needed to carry concealed weapons.

    Arizonans would still have to pass a federal criminal background check to buy guns, said Scott Stevens, a legislative aide with the NRA.

    “It definitely makes it a lot easier for law-abiding citizens to just buy a gun and not worry about the permit process,” Stevens said.

    Christensen said “common sense” would dictate that people obtaining handguns to carry would obtain or have the proper safety training.

  2. #2
    Regular Member
    Join Date
    Jul 2006
    Location
    SW Idaho
    Posts
    1,552

    Post imported post

    http://www.wowt.com/home/headlines/92253719.html

    In that article I read, they say, "Harry McCullough had a permit to legally carry a gun in plain sight, for example, a holster on his belt. But he did not have a permit to conceal and carry."

    I was not aware that there was an open-carry "permit" in Nebraska...
    Total ignorance: an Obama supporter's stock in trade
    Quote Originally Posted by Beretta92FSLady View Post
    All the talk about Overthrowing Big Government, Revolution, etc., it's just another one of those nostalgic ideas that individuals have idealized.
    O RLY?
    http://en.wikipedia.org/wiki/List_of...and_rebellions
    Quote Originally Posted by Beretta92FSLady View Post
    Books are overrated; and so is history.

  3. #3
    Moderator / Administrator
    Join Date
    May 2006
    Location
    Fairfax County, Virginia, USA
    Posts
    8,711

    Post imported post

    ManInBlack wrote:
    I was not aware that there was an open-carry "permit" in Nebraska...
    They do in Omaha.

    I have heard that concealed carry permit holders are exempt from getting one, but have not yet confirmed.

  4. #4
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,604

    Post imported post

    Mike wrote:
    ManInBlack wrote:
    I was not aware that there was an open-carry "permit" in Nebraska...
    They do in Omaha.

    I have heard that concealed carry permit holders are exempt from getting one, but have not yet confirmed.
    Omaha requires a special (extra legal?) open-carry permit for all who wish to OC, even security guards.
    http://www.safenebraska.org/safe-wor...n-training.php

    "Such €œopen-carry€ permits, which cost $105, are sought mostly by security guards who need the permits for their jobs, said a spokeswoman with the National Safety Council of Greater Omaha, which offers the gun-training courses."
    http://www.omaha.com/article/20100429/NEWS01/704299833
    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.

  5. #5
    Regular Member
    Join Date
    Mar 2010
    Location
    , Nebraska, USA
    Posts
    24

    Post imported post

    Omaha requires the open carry permit. They recognize the CCW permit for open carry as well. This is the only city in the stae that requires this for open carry.They also are the only city that requires you to register all handguns with the city.However come June they wont be able to require this of a CCW holder thanks to new clarified law from the state.

  6. #6
    Moderator / Administrator
    Join Date
    May 2006
    Location
    Fairfax County, Virginia, USA
    Posts
    8,711

    Post imported post

    mtncrash1 wrote:
    Omaha requires the open carry permit. They recognize the CCW permit for open carry as well. This is the only city in the stae that requires this for open carry.They also are the only city that requires you to register all handguns with the city.However come June they wont be able to require this of a CCW holder thanks to new clarified law from the state.
    it would be nice to see an under 21 year old hgandgun owner try to rehister her handgun in omaha - they seem to think one must be 21 to own a handgun

  7. #7
    Regular Member
    Join Date
    Mar 2010
    Location
    , Nebraska, USA
    Posts
    24

    Post imported post

    If I'm not mistaken that is also state law.

  8. #8
    Moderator / Administrator
    Join Date
    May 2006
    Location
    Fairfax County, Virginia, USA
    Posts
    8,711

    Post imported post

    mtncrash1 wrote:
    If I'm not mistaken that is also state law.
    What is state law?

  9. #9
    Regular Member
    Join Date
    Mar 2010
    Location
    , Nebraska, USA
    Posts
    24

    Post imported post

    Must be 21 to own or buy a handgun.

  10. #10
    Moderator / Administrator
    Join Date
    May 2006
    Location
    Fairfax County, Virginia, USA
    Posts
    8,711

    Post imported post

    mtncrash1 wrote:
    Must be 21 to own or buy a handgun.
    Can you cite to state statute?

    We are tracking NE being like most states - legal to own and open carry handguns at age 18, see http://www.opencarry.org/age.html

  11. #11
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,604

    Post imported post

    mtncrash1 wrote:
    Must be 21 to own or buy a handgun.
    Please cite your reference.

    According to my reference data, the minimum age is 18.

    "It is unlawful for a person under 18 years of age to possess a handgun. This prohibition does not apply to a juvenile in the armed forces or the temporary loan of a handgun for instruction under the immediate supervision of a parent or guardian or adult instructor.
    It is unlawful to knowingly and intentionally sell, loan, or in any other way transfer the possession of a firearm to a person under 18 years of age or to attempt to do so. This prohibition does not apply to the transfer of a firearm, other than a handgun:"
    http://crime.about.com/od/gunlawsbys...gunlaws_ne.htm

    http://www.lincoln.ne.gov/city/police/pdf/gun.pdf
    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.

  12. #12
    Regular Member
    Join Date
    Mar 2010
    Location
    , Nebraska, USA
    Posts
    24

    Post imported post

    Ok I was wrong about the age to own being 21. It is 18 however the city of Omaha requires you to be 21 to register the handgun. I have just written the city attorney to get an answer about this.

  13. #13
    Moderator / Administrator
    Join Date
    May 2006
    Location
    Fairfax County, Virginia, USA
    Posts
    8,711

    Post imported post

    mtncrash1 wrote:
    Ok I was wrong about the age to own being 21. It is 18 however the city of Omaha requires you to be 21 to register the handgun. I have just written the city attorney to get an answer about this.
    Is this in the ordiance or just the police department web site. WOuld state preemption apply to force Omaha to register the gun?

  14. #14
    Regular Member
    Join Date
    Mar 2010
    Location
    , Nebraska, USA
    Posts
    24

    Post imported post


    (a)Any person desiring to register a concealable firearm shall make an application to the chief of police stating therein that he or she holds the qualifications to register a concealable firearm in accordance with this section.

    (b)The chief of police will conduct an investigation to determine if the applicant is qualified to register the firearm. A concealable firearm may not be registered to any person who:

    (1)Is currently the subject of an active protection order.

    (2)Has provided false information on the registration request.

    (3)Has a conviction of an offense listed below which has not been pardoned or set aside under state or federal law:

    a.Any felony;

    b.Carrying a concealed weapon or being a minor in possession of a concealable firearm;

    c.Within the previous five years, assault, child abuse, or violation of any provision of Chapter 20, article VII of the Omaha Municipal Code.

    (4)Has been convicted of any charge of domestic violence, including stalking or harassment.

    (5)Has a record of mental disorder which would show the applicant to be a danger to self or to others.

    (6)Is a fugitive from justice in this state or any other jurisdiction.

    (7)Has been dishonorably discharged from the United States Armed Forces.

    (8)Is a user of, or addicted to, unlawful controlled substances.

    (9)Is not a citizen of the United States.

    (10)Is under the age of 21 years.

    Took this right from city code.

  15. #15
    Moderator / Administrator
    Join Date
    May 2006
    Location
    Fairfax County, Virginia, USA
    Posts
    8,711

    Post imported post

    mtncrash1 wrote:
    Took this right from city code.
    Great work - could you tell us the code section number and/or link to this code?

    OK, Nebraskans, who can tell us if some state preemption theory might apply?

  16. #16
    Regular Member
    Join Date
    Mar 2010
    Location
    , Nebraska, USA
    Posts
    24

    Post imported post

    http://library5.municode.com/default...ction=whatsnew



    This is the link it is underChap20 Article VII weapons.

  17. #17
    Moderator / Administrator
    Join Date
    May 2006
    Location
    Fairfax County, Virginia, USA
    Posts
    8,711

    Post imported post

    mtncrash1 wrote:
    http://library5.municode.com/default...ction=whatsnew



    This is the link it is underChap20 Article VII weapons.
    OK, lots of gun laws there!

    "Sec. 20-204. Unlawful possession of concealable firearm; exceptions.


    (a)Any person who has not reached the age of 21 who possesses a concealable firearm as defined in this article commits the offense of unlawful possession of a concealable firearm. . . ."

    "Sec. 20-251. Required.

    (a)It shall be unlawful for any person to own, have possession of, or maintain control over any concealable firearm which has not been registered to said person with the chief of police in accordance with this division, except when such possession or control is with the knowledge and express consent of the person in whose name such concealable firearm is registered. . . ."

    Now, does anyone know of a state law preemption theroy which inalidates Sec. 20-204?

  18. #18
    Regular Member
    Join Date
    Mar 2010
    Location
    , Nebraska, USA
    Posts
    24

    Post imported post

    Last year the state passed LB430 which should have made it invalid however Omaha siad it didnt and refused to accept it even after the AG issued an opinion on it. This LB817 makes it invalid and the city now has to recognize the law. However they are only going to do so for CCW holders.There is talk of trying to get Omahas law completely thrown out via the state. This will take getting a senator on board and that shouldnt be a problem.I will be asking the city attorney to do so after recieving his reply to a the email I sent him today. That request probably wont go very far with him. But its a start. We are also trying to get all of the NFOA members to email him on this due to what has happened to the wallgreens hereo. OPD wont let him register his new handgun (which the NFOA purchased for him) due to pending charges.

  19. #19
    Regular Member
    Join Date
    Apr 2009
    Location
    Lincoln, NE, ,
    Posts
    5

    Post imported post

    Since our pre-emption only applies to permit holders, and you cannot get a permit till age 21, 20-204 will stand until something major changes. City council does not seem to want to budge an inch on this so I don't really see much happening.

  20. #20
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,604

    Post imported post

    mtncrash1 wrote:
    Last year the state passed LB430 which should have made it invalid however Omaha siad it didnt and refused to accept it even after the AG issued an opinion on it. This LB817 makes it invalid and the city now has to recognize the law. However they are only going to do so for CCW holders.There is talk of trying to get Omahas law completely thrown out via the state. This will take getting a senator on board and that shouldnt be a problem.I will be asking the city attorney to do so after recieving his reply to a the email I sent him today. That request probably wont go very far with him. But its a start. We are also trying to get all of the NFOA members to email him on this due to what has happened to the wallgreens hereo. OPD wont let him register his new handgun (which the NFOA purchased for him) due to pending charges.
    It is my understanding there there will be no charges brought.

    Thought that this was a done deal.

    Yata hey
    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.

  21. #21
    Regular Member
    Join Date
    Mar 2010
    Location
    , Nebraska, USA
    Posts
    24

    Post imported post

    The charges that were pending were Carrying concealed without a permit. Those have since been droped due to lack of conclusive evidence.

  22. #22
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,604

    Post imported post

    mtncrash1 wrote:
    The charges that were pending were Carrying concealed without a permit. Those have since been droped due to lack of conclusive evidence.
    So then he should be able to get a permit to purchase then - right?

    Yata hey
    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.

  23. #23
    Regular Member
    Join Date
    Mar 2010
    Location
    , Nebraska, USA
    Posts
    24

    Post imported post

    He already has that.The purchase permit and gun registration are two different things.What he needed was the new gun registered with the city. And yes he should be able to do this and then pick up his new gun from the dealer.

  24. #24
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,604

    Post imported post

    mtncrash1 wrote:
    He already has that.The purchase permit and gun registration are two different things.What he needed was the new gun registered with the city. And yes he should be able to do this and then pick up his new gun from the dealer.
    Omaha has entirely too many unnecessary hoops through which one must jump and obviously I am not fully cognizant of them. It appeared from what I had read earlier that he had been denied the purchase permit.

    In any event, it seems that it is working out for him - I'm glad.

    Yata hey
    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.

  25. #25
    Regular Member
    Join Date
    Mar 2010
    Location
    , Nebraska, USA
    Posts
    24

    Post imported post

    In the state you have to get a purchase permit which is good for 3 years. They do a background check and when time to buy no NICS is done on you. Omaha requires that all handguns be registered if you live in the city limits unless you have a CCW.If you buy a handgun from a dealer in the city limits they require you to go and register it before the dealer can let you have the gun.Total pain in the ass here but it is getting better.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •