Results 1 to 8 of 8

Thread: New to Nebraska: Laws on Open Carry on Govt Land

  1. #1
    Regular Member
    Join Date
    May 2010
    Location
    , ,
    Posts
    1

    Post imported post

    Hi All,

    This is my first post here, and this forum is a great resource. I'm planning on moving to Nebraska from Ohio very soon, and have so far been impressed with the state. But Nebraska's relatively restrictive gun laws are confusing and a little disappointing, to say the least.

    That being said, I'm wondering how legal it is to open carry on government land, especially remote areas (ag research stations, state parks, etc). I didn't see any existing threads about that particular aspect of open carry on this forum.
    I don't know how long it will take me to become a NE resident, so concealed carry is not an option for me for quite some time.

    I'm going to be doing a lot of outdoor work for a university and don't even know what sort of wild animals I might come across in Nebraska, but it'd be nice to be able to defend myself occasionally from whatever comes my way.

    I've noticed also that CCW permit holders aren't allowed to carry on "school" grounds, whatever that means (universities=schools?). I feel like I've been researching these laws all day, and my brain hurts a lot.

    Thanks in advance for the advice. Regardless, it's always "better to be judged by twelve than carried by six" (source unknown)

  2. #2
    Regular Member
    Join Date
    Aug 2009
    Location
    , ,
    Posts
    1,605

    Post imported post

    It is Illegal to Carry on School Grounds, and this includes Colleges and Universities, in Nebraska, under Nebraska Law 28-1204.04, unless; you have a Concealed Weapons Permit and are in your own Motor Vehicle, per 28-1204.04(f).

    This Law mirrors Federal Law, less the 1000 foot rule, per 18 U.S.C. 922(q).

    Nebraska Code 28-1201(8) defines School to include Colleges and Universities, and pretty much every other type of School that one would associate as being a School.

    Apparently, due to there being no Law codified against it [Open Carry], Nebraska allows Firearms to be Carried into: Airports, Bars, Churches, Entertainment Events, Sporting Events, Political Events, and Public Buildings.

    Furthermore, one may Open Carry into any Restaurant that serves Alcohol, and one may Open Carry into any Local, County, or State Park, or WMA, provided; the last item is not posted, as this regulation stems from Hunting Laws.

    Local Governments can generally prevent and punish those who Carry Concealed Firearms, as this is Law per Nebraska Statute 28-1202.

    Otherwise, Nebraska basically follows Federal Law when it comes to Firearms.


    As a rule of thumb:

    1. Open Carry is allowed almost anywhere in Nebraska, except Schools, per Nebraska Code 28-1204.04. (As is enumerated under Paragraph 1).

    2. Concealed Carry in Nebraska is Illegal per Nebraska Statute 28-1202, unless you have a Concealed Carry Permit from Nebraska, or its equivalent, and even then, Concealed Carry is only Lawful with a Handgun, nothing more.

    ***The places that are off-limitsin Nebraska for Concealed Carry are far more numerous than those for Open Carry. Basically, when you arrive at a place where Nebraska does not allow Concealed Carry, even for those Persons with a Concealed Handgun Permit..., say Banks..., you MUST Open Carry while there. However, having a Concealed Handgun Permit doeshave some advantages, such as being exempt from Local Handgun Registration Schemes, and the like.***

    ***There seems to be no regulation for Firearms in Motor Vehicles, except Concealed Firearms under Nebraska Code 28-1202, so it appears Open Carry without a Permit isLegal in a Motor Vehicle as long asthe Firearm is plainly visible. However, from what I understand, although I do not know the Code Section of Nebraska Law that says it, Long Guns may be regulated in this area more stringently as it pertains to Hunting Laws.***





  3. #3
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,622

    Post imported post

    aadvark wrote:
    It is Illegal to Carry on School Grounds, and this includes Colleges and Universities, in Nebraska, under Nebraska Law 28-1204.04, unless; you have a Concealed Weapons Permit and are in your own Motor Vehicle, per 28-1204.04(f).

    This Law mirrors Federal Law, less the 1000 foot rule, per 18 U.S.C. 922(q).

    Nebraska Code 28-1201(8) defines School to include Colleges and Universities, and pretty much every other type of School that one would associate as being a School.

    Apparently, due to there being no Law codified against it [Open Carry], Nebraska allows Firearms to be Carried into: Airports, Bars, Churches, Entertainment Events, Sporting Events, Political Events, and Public Buildings.

    Furthermore, one may Open Carry into any Restaurant that serves Alcohol, and one may Open Carry into any Local, County, or State Park, or WMA, provided; the last item is not posted, as this regulation stems from Hunting Laws.

    Local Governments can generally prevent and punish those who Carry Concealed Firearms, as this is Law per Nebraska Statute 28-1202.

    Otherwise, Nebraska basically follows Federal Law when it comes to Firearms.


    As a rule of thumb:

    1. Open Carry is allowed almost anywhere in Nebraska, except Schools, per Nebraska Code 28-1204.04. (As is enumerated under Paragraph 1).

    2. Concealed Carry in Nebraska is Illegal per Nebraska Statute 28-1202, unless you have a Concealed Carry Permit from Nebraska, or its equivalent, and even then, Concealed Carry is only Lawful with a Handgun, nothing more.

    ***The places that are off-limitsin Nebraska for Concealed Carry are far more numerous than those for Open Carry. Basically, when you arrive at a place where Nebraska does not allow Concealed Carry, even for those Persons with a Concealed Handgun Permit..., say Banks..., you MUST Open Carry while there. However, having a Concealed Handgun Permit doeshave some advantages, such as being exempt from Local Handgun Registration Schemes, and the like.***

    ***There seems to be no regulation for Firearms in Motor Vehicles, except Concealed Firearms under Nebraska Code 28-1202, so it appears Open Carry without a Permit isLegal in a Motor Vehicle as long asthe Firearm is plainly visible. However, from what I understand, although I do not know the Code Section of Nebraska Law that says it, Long Guns may be regulated in this area more stringently as it pertains to Hunting Laws.***
    Omaha does have an open carry permit requirement which they seem to treat as may issue. Also could not locate the actual Omaha ordinance regarding this.
    http://www.nebraskafirearms.org/inde...&Itemid=42

    I understand that the Ne. AG has issued certain opinions regarding Omaha, but none that I am aware of have been tested in court. Omaha is a different breed of cat.

    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.

  4. #4
    Regular Member
    Join Date
    Aug 2009
    Location
    , ,
    Posts
    1,605

    Post imported post

    Grapeshot,

    Try www.municode.com.

    It has been brought to my attention that The Nebraska Attorney General has ruled that Omaha Regulation of Firearms in forbidden.

    Absent a bona-fined Preemption Statute, Nebraska has, according to His decision, in effect, taken control of the subject matter of Concealed Handguns and Concealed Handgun Permits, and has also stated that Registration of Handguns, by Permit Holders, is more restrictive than State Law allows.

    Nebraska does though..., allow Cities to '...[suppress and discourage] and [arrest anyone who] Carries a Concealed Firearm, or Discharges a Firearm [within The Limits of a First/Second/Third, etc. Class City].

    This Opinion though, effectively binds Omaha, and significantly renders some, if not most of, Omaha Weapon Ordinance useless.



  5. #5
    Moderator / Administrator Grapeshot's Avatar
    Join Date
    May 2006
    Location
    North Chesterfield, Va.
    Posts
    34,622

    Post imported post

    aadvark wrote:
    Grapeshot,

    Try http://www.municode.com.

    It has been brought to my attention that The Nebraska Attorney General has ruled that Omaha Regulation of Firearms in forbidden.

    Absent a bona-fined Preemption Statute, Nebraska has, according to His decision, in effect, taken control of the subject matter of Concealed Handguns and Concealed Handgun Permits, and has also stated that Registration of Handguns, by Permit Holders, is more restrictive than State Law allows.

    Nebraska does though..., allow Cities to '...[suppress and discourage] and [arrest anyone who] Carries a Concealed Firearm, or Discharges a Firearm [within The Limits of a First/Second/Third, etc. Class City].

    This Opinion though, effectively binds Omaha, and significantly renders some, if not most of, Omaha Weapon Ordinance useless.
    Am aware of the AG's opinion, but fail to see how that effects anything until there is a test case in a court of record.

    What am I missing?

    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.

  6. #6
    Regular Member
    Join Date
    Aug 2009
    Location
    , ,
    Posts
    1,605

    Post imported post

    Grapeshot,

    I guess you are not missing anything.

  7. #7
    Regular Member
    Join Date
    Mar 2010
    Location
    , Nebraska, USA
    Posts
    24
    Grapeshot... As of july 15,2010 when LB817 takes effect Omaha can no longer regulate CCW permit holders in regards to registration of handguns.

  8. #8
    Regular Member
    Join Date
    May 2012
    Location
    Omaha
    Posts
    2

    Cool Omaha "Regulations" Open Carry

    I am an Omaha resident, I have 2 registered firearms. My question is, does anyone know what the actual "regulations" in Omaha are for Open Carry? I have looked around but, I have not found any clear cut information. The best thing I have found, says the state is OK with it, but that Omaha (may or may not) have some weird law against it?? I don't know, maybe I am understanding it wrong..... well, probably. Any info would be helpful. I am in the process of getting the concealed permit, however, if I can open carry without the concealed permit, that'd be OK. Again, just not sure how all that works. When registering my new gun and older one recently, I was surprised to hear the police encouraging me to get the license... thought it was a bit strange... but...... maybe there's nothing behind that ... Thanks all!

Posting Permissions

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