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Thread: How to Open Carry in Omaha

  1. #1
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    How to Open Carry in Omaha

    This is the information on how to OPEN CARRY in the city of Omaha.

    Dispite of what may have been posted and what individuals have said, you DO NOT need a CCW to open carry in the city of Omaha.

    However it is different than in the rest of the state. If you fail to do either of the two steps you can be arrested and punished with a fine up to $500.00 fine and imprisoned for up to 6 months. Worst of all they can take your guns…

    The process is simple and can be accomplished in about two weeks. Most of that is waiting for a class, and getting the actual "license".

    Step 1. Register your handgun (refered to as a concealable firearm) with the Omaha PD

    Step 2. Complete a concealable firearm safty corse at perscribed by the Greater Omaha Chapter of the National Safety Council, and get the "City of Omaha Handgun Permit"

    That's it. And this is from the Omaha Municiple Code, Chapter 20, Article 7, Section 20-206, lines 8 & 9, Section 20-207 - 208

    I included a copy of 20-206 - 208 as well so you can read it here or follow the links.
    Highlighted in red are the areas that quantify “Open Carry”.

    Sec. 20-206. Carrying weapons.

    (a) As provided in section 20-192, the carrying of a concealed weapon is expressly forbidden.

    (b) In all other cases, it shall be unlawful for a person to go armed with a loaded concealable firearm of any kind or to knowingly carry or transport a concealable firearm in a motor vehicle, provided, however, that this section shall not apply to the following persons:

    (1) Persons lawfully entitled to possess a firearm while upon the premises where he or she regularly resides or is regularly employed.

    (2) Peace officers.

    (3) Members of the armed forces of the United States, the National Guard, or the Reserve Officer Training Corps when on duty or training.

    (4) Persons who for any lawful purpose carry an unloaded concealable firearm inside a closed and fastened container or securely wrapped package which is too large to be concealed on the person.

    (5) Persons who for any lawful purpose carry or transport an unloaded concealable firearm in a vehicle inside a closed and fastened container or securely wrapped package which is too large to be concealed on the person or inside a cargo or luggage compartment where the concealable firearm will not be readily accessible to any person riding in the vehicle or common carrier.

    (6) Persons in or upon a shooting range or the regular business premises of a federally and city licensed firearms dealer.

    (7) Persons engaged in a generally recognized course of instruction in the use of firearms, such as hunter safety instructions or instruction for the purpose of obtaining an identification card showing satisfactory completion of the firearm training program as set forth in section 20-207.

    (8) Persons who have verified to the city that they are entitled to a waiver of the firearm training program as set forth in section 20-207(k).

    (9) Persons who have obtained and display an identification card showing satisfactory completion of the firearm training program as set forth in section 20-207.

    (10) Persons possessing a valid permit to carry a concealed firearm under Nebraska Law.
    (Ord. No. 33113, § 7, 11-23-93; Ord. No. 34229, § 1, 6-17-97; Ord. No. 37432, § 2, 7-18-06)

    Sec. 20-207. Firearm training program.

    (a) A training program to qualify persons in the safe use of firearms shall, after review and approval by resolution by the city council, be established and operated by the city, which may contract with private organizations or use the services of other agencies, or may use a combination of the two, to provide such training. Said resolution shall be submitted to the city council on or before December 21, 1993.

    (b) A fee shall be charged each person attending the training program. The city shall set out a reasonable fee, to be set by the city council, after review and approval by said resolution, which shall include the cost of training, to be paid to the licensed training facility, and to the city.

    (c) An identification card on a form approved by the city shall be issued to each person who successfully completes the training program.

    (d) The training program shall consist of eight to ten hours of classroom training and education and two hours of practical firearm operation at an approved shooting range.

    (e) The city shall prescribe such procedures as may be necessary for its operation in conformity with the provisions of this article.

    (f) The city shall have complete control over the training program and shall decide upon the qualifications of all applicants.

    (g) An applicant for the training program shall fill out a form stating his or her full name, social security number (optional), residence, age, whether applicant has ever been convicted of a felony, whether the person is addicted to the use of alcohol or any controlled substance, whether the person has any history of mental illness, and whether the person has ever been convicted of a misdemeanor involving acts of violence.

    (h) The identification card shall be valid for three years from the date of issuance.

    (i) The identification card may be renewed every three years provided that:

    (1) The applicant pays a reasonable recertification fee, as set by the city council.

    (2) The applicant has not violated, or is currently charged with violating, any applicable provision of this Code, state law or city ordinance, rule or regulation during the past three years.

    (j) The identification card may be revoked by the city for the violation of any applicable provision of this Code, state law or city ordinance, rule or regulation, or if the identification card was issued to an unqualified applicant.

    (k) Waivers may granted to those who can provide evidence of satisfactory completion of either a United States armed forces or a nationally recognized handgun firearms training program.

    (Ord. No. 33113, § 8, 11-23-93; Ord. No. 34229, § 2, 6-17-97)

    Sec. 20-208. Issuance of identification card.

    Upon successful completion of the firearm training program, an identification card shall be issued with the approval of the city bearing a distinguishing number assigned to the card holder, the full name, date of birth, sex, residence address, expiration date, and a brief description and colored photograph of the card holder.

    (Ord. No. 33113, § 9, 11-23-93; Ord. No. 34229, § 3, 6-17-97)

  2. #2
    Moderator / Administrator Grapeshot's Avatar
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    I am still inclined to think that the Omaha ordinance is not valid and in violation of state preemption law.

    I am pleased that reciprocity with other states, VA now is included, has progressed so much.
    Last edited by Grapeshot; 01-12-2011 at 09:03 PM. Reason: fixed
    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.

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    Yes, while it's true that you don't need a CHP to open carry in Omaha, you still need their equivalently priced class and permit; $150 for training to be able to open carry a handgun. Me personally? I'd rather spend that on training for a CHP instead, which also allows you to open carry there, in addition to providing much more protection against most city firearm ordinances in general.

    Also, if you took your CHP class from a NRA certified instructor, they will also accept that as proof of training if you want the open carry permit too for whatever reason.

    Bottom line: The CHP beats Omaha's stupid OC permit every day of the week. Not to mention open carry in Omaha isn't the brightest idea in the world, either. Unless of course you like guns pointed at you, and I certainly don't.
    Last edited by Ryan45cal; 01-13-2011 at 03:10 AM.

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by Ryan45cal View Post
    Yes, while it's true that you don't need a CHP to open carry in Omaha, you still need their equivalently priced class and permit; $150 for training to be able to open carry a handgun. Me personally? I'd rather spend that on training for a CHP instead, which also allows you to open carry there, in addition to providing much more protection against most city firearm ordinances in general.

    Also, if you took your CHP class from a NRA certified instructor, they will also accept that as proof of training if you want the open carry permit too for whatever reason.

    Bottom line: The CHP beats Omaha's stupid OC permit every day of the week. Not to mention open carry in Omaha isn't the brightest idea in the world, either. Unless of course you like guns pointed at you, and I certainly don't.
    At least things have moved somewhat in the right direction again. It will take a law suit to change Omaha's stance on OC, I'm afraid.

    As an aside, not only did I occasionally travel on city buses with my rifle (CHS ROTC rifle team) but the range was in the school sub-basement. We drilled with M1s in school and on the grounds - don't think the firing pin had been removed - I know the action was not secured. There was an amory full of various military weapons, available to teach nomenclature and manual of arms. That was a loong time ago and so @*$$ much has changed.
    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.

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    Quote Originally Posted by Grapeshot View Post
    I am still inclined to think that the Omaha ordinance is not valid and in violation of state preemption law.

    I am pleased that reciprocity with other states, VA now is included, has progressed so much.
    I agree. They are violating the intent of the constitution of the state. However they have provided a way.

  6. #6
    Regular Member Gunslinger's Avatar
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    Quote Originally Posted by ke4yqd View Post
    snip-------Once you get the CCW / CHP you sign your rights away. What I mean by that is, if, with your CCW you shoot someone; and it is determined that you (pick your minor violation), you could be held culpable for a crime. Such as unlawful use of force, or excessive force.

    If you committed the same offence as an OPEN CARRY holder, since you are not considered by the state as a "competently trained individual", you can get away with more.
    Uh, what?

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    Quote Originally Posted by ke4yqd View Post
    First: This is OPENCARRY.org. So I am going to stick to that in this forum and talk about CCW on the website designed to field those discussions.

    Second: You are not 100% correct on the price... Once you meet the requirements for the OPEN CARRY in Omaha, you have met the requirements for the CHP / CCW. But in order to get CCW / CHP you then have to go the State Highway Patrol, and pay another $100.

    The requirements are the same. And that is what Mr. Marty has pointed out. Plus you get to Open Carry the weapon in the same places as the CCW holder.

    Once you get the CCW / CHP you sign your rights away. What I mean by that is, if, with your CCW you shoot someone; and it is determined that you (pick your minor violation), you could be held culpable for a crime. Such as unlawful use of force, or excessive force.

    If you committed the same offence as an OPEN CARRY holder, since you are not considered by the state as a "competently trained individual", you can get away with more.
    I'll agree with your first point, I should not discourage open carry on an OC board, however the fact remains that Omaha is not OC friendly - and that is from personal experience, not rumors or what have you.

    Second, what you're saying regarding the OC permit/CH permit requirements are a bit off, too. You only meet the requirements for both if the OC class you take is also *approved* for the CHP, which is highly doubtful. The only class that is even offered for OC in Omaha, at the Safety Council, says on their own website: "This class Does NOT Authorize Concealed Carry In Nebraska!" Additionally, it costs another $100 for the CHP, and since you've already spent $150 on a class, deal with it.

    Thirdly, the laws for self-defense and others are blind to the fact if you have a CHP or otherwise, I don't know where you're getting that from. Especially since you claimn that the class requirements are the same for either permit, why would the state look down on one with more scrutiny and not the other, if they both had the same training?

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    Quote Originally Posted by Ryan45cal View Post
    I'll agree with your first point, I should not discourage open carry on an OC board, however the fact remains that Omaha is not OC friendly - and that is from personal experience, not rumors or what have you.

    Second, what you're saying regarding the OC permit/CH permit requirements are a bit off, too. You only meet the requirements for both if the OC class you take is also *approved* for the CHP, which is highly doubtful. The only class that is even offered for OC in Omaha, at the Safety Council, says on their own website: "This class Does NOT Authorize Concealed Carry In Nebraska!" Additionally, it costs another $100 for the CHP, and since you've already spent $150 on a class, deal with it.

    Thirdly, the laws for self-defense and others are blind to the fact if you have a CHP or otherwise, I don't know where you're getting that from. Especially since you claimn that the class requirements are the same for either permit, why would the state look down on one with more scrutiny and not the other, if they both had the same training?
    Again, I do not want to detract from this being a forum for OPEN CARRY.
    For OPEN CARRY, the facts are there. I posted this after reading through many forums, on this and other sites, that clearly claimed that OPEN CARRY was not permissible in the City of Omaha.

    I admit that I do not know the laws for CHP. As of this time I am only going as far as OPEN CARRY.

    I have conferred with "legal council" (public attorneys, over a beer in the Old Market) and as to what I have stated about CHP holders, and possible prosecution; they are certain that, here in the city of Omaha, Mr. Marty will find a way to "get yer guns", (lawfully or other), and try to put you in jail. He, (and his cohorts) has expressed mild contempt for citizens protecting themselves, or for showing any kind of logic or reason contrary to his own. If you doubt the validity of these statements, I suggest you can call his office directly. Remember, this is the guy who fought the state for years to force registration of CHP holder's firearms.

    You @Ryan45calm are correct, they do have two courses. I was wrong in my statement that the training was the same for both courses and subsequent inferences based upon that statement are inherently flawed. I have my military training records so as long as I get it done in the next year or so I am exempt from the training, so I was negligent in that research. OPEN CARRY course it $105, while the CONCEALED CARRY in $150, and are separate. If you have your military training records, showing handguns you can be wavered. Some folks never carry a side arm in the military. I know that in the USAF, flyers, and SF are some of the few who get regular training on the M9. I was the former and qualified every 4-6 months for the last 4 years. So if your records don't show handgun training, don't bother with the waiver.

    While I am not saying this is an end all for the argument, nor is this the most accurate way of obtaining information, a quick look at wiki shows this.

    "Even when self-defense is justified, there can be serious civil or criminal liabilities related to self-defense when a concealed carry permit holder brandishes or fires his/her weapon. For example, if innocent bystanders are hurt or killed, there could be both civil and criminal liabilities even if the use of deadly force was completely justified. Some states also technically allow an assailant who is shot by a gun owner to bring civil action. In some states, liability is present when a resident brandishes the weapon, threatens use, or exacerbates a volatile situation, or when the resident is carrying while intoxicated. It is important to note that simply pointing a firearm at any person constitutes felony assault with a deadly weapon unless circumstances validate a demonstration of force. A majority of states who allow concealed carry, however, forbid suits* being brought in such cases, either by barring lawsuits for damages resulting from a criminal act on the part of the plaintiff, or by granting the gun owner immunity from such a civil suit if it is found that he or she was justified in shooting."

    *(Omaha is under a regime that will try to get yer guns)

    In all states except for Texas lethal force is not justifiable solely for the purpose of defending property. This is known as duty to retreat. Nebraska does not have castle doctrine, so if you use deadly force, you can be held liable for negligent homicide.



    http://en.wikipedia.org/wiki/Conceal..._United_States
    Last edited by ke4yqd; 01-14-2011 at 12:07 PM. Reason: grammar

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    In any state of the union, including the PDRs of Kalifornia and New Jerk, you have the right to use deadly force if you are in fear of death or grievous bodily harm. This is an affirmative defense. Castle Doctrine eliminates the need for any defense if you kill an intruder in your home. Whether you or Clint Smith shoots someone, the standard applied for justification of the shooting is exactly the same. Skill, training or horiscope sign is irrelevant: justification as stated above is the sole criterion.

    (Just as an aside, the AF Small Arms Expert ribbon qualified for me in avoiding having to take a course in VA. As an Aviator who went to SEA, I qualified with both pistol and rifle and was expert in both. Often, just a DD-214 will get it waived, although states vary on how long ago you were active duty.)

  10. #10
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by Gunslinger View Post
    In any state of the union, including the PDRs of Kalifornia and New Jerk, you have the right to use deadly force if you are in fear of death or grievous bodily harm. This is an affirmative defense. Castle Doctrine eliminates the need for any defense if you kill an intruder in your home. Whether you or Clint Smith shoots someone, the standard applied for justification of the shooting is exactly the same. Skill, training or horiscope sign is irrelevant: justification as stated above is the sole criterion.

    (Just as an aside, the AF Small Arms Expert ribbon qualified for me in avoiding having to take a course in VA. As an Aviator who went to SEA, I qualified with both pistol and rifle and was expert in both. Often, just a DD-214 will get it waived, although states vary on how long ago you were active duty.)
    In Virginia a DD-214 with an honorable discharge satisfies the training requirements and that piece of paper (whatever is used ) never expires for this purpose. One day or 30 years ago - same thing.

    At the risk of repeating myself, Omaha's OC permit is quite probably in violation of state preemption (illegal), but it will take someone with standing (arrested) to first win the case and all appeals, then suit them civilly to make any real headway. If you win the lottery will you volunteer to be the test case? Just a few dollars and possibly your RKBA will be at stake.
    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.

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    OPEN CARRY Day

    For @Ryan45cal and the guys here in the "Metro" area, we should organize an Open Carry day somewhere outside of greater Omaha. I am sure we would have greater success with word of mouth to the local clubs, or on social media formats like the Facebook. But I am sure it would be something worth doing~!

    I was personally surprised how many of my fellow amateur radio operators here in the area either support carry or carry themselves.

    And @grapeshot, don't go all crazy on us if this doesn't go off as planed!! Just poking fun.

  12. #12
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by ke4yqd View Post
    For @Ryan45cal and the guys here in the "Metro" area, we should organize an Open Carry day somewhere outside of greater Omaha. I am sure we would have greater success with word of mouth to the local clubs, or on social media formats like the Facebook. But I am sure it would be something worth doing~!

    I was personally surprised how many of my fellow amateur radio operators here in the area either support carry or carry themselves.

    And @grapeshot, don't go all crazy on us if this doesn't go off as planed!! Just poking fun.
    Hey, I'm tickled to death to see activity from Nebraska - any activity.
    My old home state has been in the twilight zone for too long. I actually did not attend one of my reunions partially because of the suppressive ways in Omaha and that was before Ne even honored any other state's permits. I still keep in touch with a number of friends there - yep, I do have a few friends.

    You have a great opportunity, because you are starting from a clean slate, so can go any direction you like. That radio club my prove to be a nice connection too. First things first though - learn all applicable laws and learn them well, you will be on the forefront of a learning curve for some people.

    I have a theory that is not original - "Whenever two or more people are gathered..... - you have the nucleus for both a choir and a prayer meeting. Really two people is all it takes to have a meet-up and get the ball rolling. The old story - build it and they will come. You can be a social group, active campaigners, lobbyist, OC, CC or any combination of these you choose. The no secret trick is to be polite, responsible and legal. Oh and carry a digital recorder turned ON - it's like any other fire extinguisher.

    What can I say? I like to see people get together that have the potential to educate and move the ball forward. Just last year, I watched two groups: Shane Belanger's MOCA in Maine and a group called L.O.C.A.L. in Louisiana rise from the ashes. They both initially started with a handful or less of people on board. Read Shane's article "Why Open Carry". It is a work of art. http://maineopencarry.org/why.html

    Sorry 'bout the soap box style of delivery. Just go out and have fun, doing what you do.

    Yata hey
    Last edited by Grapeshot; 01-14-2011 at 04:36 PM. Reason: fixed
    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.

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    Helping you understand

    Here in Omaha, there are some formidable forces at work. I grabbed one of the posts off the nebraska firearm owner association. The problem is not the law here. It is the people who enforce the law... This particular thread has great examples of how even the State patrol, will unjustly enforce rules, without regard for the rule of law. They will lock you up first, give you the chair, declare you innocent, and then charge your family for the execution.

    So if i hear one more person say, "uhh duhh, but the law says".

    Just Kidding. But seriously, I don't think some of you people realize that what we are dealing with is sheer tyranny

    http://www.nebraskafirepower.com/for...p?topic=2572.0

    Well here we go again. A lawyer at the state patrol office told me that they revoked my ccw permit because being arrested for ccw violation makes it so regardless of the legal outcome. The law that was passed clearly does not provide this provision as far as I can tell. Will speak with my lawyer today. I'm pretty sure he told me before that being guilty is a violation and being suspected of wrongdoing was not cause. My home town of Omaha is a hard place to live sometimes.
    Ohh, keep in mind that I may have been trespassing without my knowledge as my only unlawful act. Sheesh

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    Quote Originally Posted by Grapeshot View Post
    Hey, I'm tickled to death to see activity from Nebraska - any activity.
    My old home state has been in the twilight zone for too long.
    The problem is most of us Nebraskans stick to the Nebraska Firearm Owners Association. I am a member there, but even they didn't have good information on Open Carry in the city of Omaha.

  15. #15
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by ke4yqd View Post
    Here in Omaha, there are some formidable forces at work. I grabbed one of the posts off the nebraska firearm owner association. The problem is not the law here. It is the people who enforce the law... This particular thread has great examples of how even the State patrol, will unjustly enforce rules, without regard for the rule of law. They will lock you up first, give you the chair, declare you innocent, and then charge your family for the execution.

    So if i hear one more person say, "uhh duhh, but the law says".

    Just Kidding. But seriously, I don't think some of you people realize that what we are dealing with is sheer tyranny

    http://www.nebraskafirepower.com/for...p?topic=2572.0

    Well here we go again. A lawyer at the state patrol office told me that they revoked my ccw permit because being arrested for ccw violation makes it so regardless of the legal outcome. The law that was passed clearly does not provide this provision as far as I can tell. Will speak with my lawyer today. I'm pretty sure he told me before that being guilty is a violation and being suspected of wrongdoing was not cause. My home town of Omaha is a hard place to live sometimes.
    Ohh, keep in mind that I may have been trespassing without my knowledge as my only unlawful act. Sheesh
    I have had quite a blt of similar information relayed to me and read with much dismay how LEA, particularly the State Patrol, Omaha PD, and city hall were aggressively and relentlessly pursuing those that dared follow the law, other than "their" law. That's way I made reference to winning the lottery and having a good attorney. I understood that Lincoln had had similar problems, but had pretty much straightened up now.
    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.

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    Latest from the office of Mr. Marty

    I emailed the City Prosecutor this week and got a response about OPEN CARRY yesterday. I am posting the following. It confirms what is posted above.

    -----Original Message-----
    From: john kendrick meadows [mailto:kendrickmeadows@hotmail.com]
    Sent: Monday, January 10, 2011 9:03 PM
    To: Conboy III, Marty J (PSC)
    Subject: Clarification on Omaha's firearm requirements

    Mr. Conboy,

    I'll be to the point as I do not wish to waste your time. What are the requirements for open carry in Omaha? And do you have the references that I may use to provide information to others? I was unsuccessful in finding this information on the OPD website. So I inquired at the Omaha Police Department Headquarters, and before I could finish saying "references", I was referred to you.

    Thank you very much for you time, and your work for the city of Omaha.

    John Kendrick Meadows

    -----------------------------------------------------------------------------------
    RE: Clarification on Omaha's firearm requirements
    1/20/11
    Conboy III, Marty J (PSC) Conboy III, Marty J (PSC)Marty.Conboy@ci.omaha.ne.us

    To: john kendrick meadows
    From: Conboy III, Marty J (PSC) (Marty.Conboy@ci.omaha.ne.us)
    Sent: Thu 1/20/11 4:34 PM
    To: john kendrick meadows (kendrickmeadows@hotmail.com)

    For those with the state CCW permit, there is no restriction. For others, it is necessary to obtain the city 'going armed' permit defined in Sec. 20-206 of the ordinances. You cannot carry concealed in Omaha without the state permit, so this apples to open carry.

    Sec. 20-206. Carrying weapons.
    (a) As provided in section 20-192, the carrying of a concealed weapon is expressly forbidden.
    (b) In all other cases, it shall be unlawful for a person to go armed with a loaded concealable firearm of any kind or to knowingly carry or transport a concealable firearm in a motor vehicle, provided, however, that this section shall not apply to the following persons:
    (1) Persons lawfully entitled to possess a firearm while upon the premises where he or she regularly resides or is regularly employed.
    (2) Peace officers.
    (3) Members of the armed forces of the United States, the National Guard, or the Reserve Officer Training Corps when on duty or training.
    (4) Persons who for any lawful purpose carry an unloaded concealable firearm inside a closed and fastened container or securely wrapped package which is too large to be concealed on the person.
    (5) Persons who for any lawful purpose carry or transport an unloaded concealable firearm in a vehicle inside a closed and fastened container or securely wrapped package which is too large to be concealed on the person or inside a cargo or luggage compartment where the concealable firearm will not be readily accessible to any person riding in the vehicle or common carrier.
    (6) Persons in or upon a shooting range or the regular business premises of a federally and city licensed firearms dealer.
    (7) Persons engaged in a generally recognized course of instruction in the use of firearms, such as hunter safety instructions or instruction for the purpose of obtaining an identification card showing satisfactory completion of the firearm training program as set forth in section 20-207.
    (8) Persons who have verified to the city that they are entitled to a waiver of the firearm training program as set forth in section 20-207(k).
    (9) Persons who have obtained and display an identification card showing satisfactory completion of the firearm training program as set forth in section 20-207.
    (10) Persons possessing a valid permit to carry a concealed firearm under Nebraska Law.

    (Ord. No. 33113, § 7, 11-23-93; Ord. No. 34229, § 1, 6-17-97; Ord. No. 37432, § 2, 7-18-06)

  17. #17
    Moderator / Administrator Grapeshot's Avatar
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    [QUOTE=ke4yqd;1449281]I emailed the City Prosecutor this week and got a response about OPEN CARRY yesterday. I am posting the following. It confirms what is posted above.

    snipped....

    To: john kendrick meadows
    From: Conboy III, Marty J (PSC) (Marty.Conboy@ci.omaha.ne.us)
    Sent: Thu 1/20/11 4:34 PM
    To: john kendrick meadows (kendrickmeadows@hotmail.com)

    For those with the state CCW permit, there is no restriction. For others, it is necessary to obtain the city 'going armed' permit defined in Sec. 20-206 of the ordinances. You cannot carry concealed in Omaha without the state permit, so this apples to open carry.

    Snipped....

    WTF - Did not he just admit to violating state preemption?
    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.

  18. #18
    Regular Member
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    Feb 2011
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    Smile Open Carry in Omaha

    I sent the Omaha Legal department the email below and their response is on the bottom.

    -----Original Message-----
    Sent: Friday, February 04, 2011 3:14 PM
    To: Conboy III, Marty J (PSC)
    Subject: Omaha Legal Department: Open Carry in Omaha

    This is an enquiry e-mail via http://www.cityofomaha.org/law/ from:


    If a person has a Concealed Handgun Permit issued by the Nebraska state patrol, is it necessary to have the "Open Carry" permit to open carry a handgun in Omaha?

    Is the below statement true?

    When Omaha recognized the Nebraska Permit to be able to carry concealed in Omaha they also recognized it as being the equivalent of their open carry permit, so you do not need the Open Carry permit to open carry if you have a Concealed Handgun Permit.

    There is some confusion about this since the National Safety Council says it is necessary to have the open carry permit from Omaha.

    Clear it up please... and thanks!

    Wilson

    Sent from::
    Feedback from City Law website - Prosecution Division

    From M Conboy:

    The statement is true: The state permit overrides any legal control by the city, and you need nothing else.


    PS: The happy banana is mine!

  19. #19
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    Post OPEN Carry in Nebraska August 2011

    I'm am an experienced firearms enthusiast and I have questions about the open carry of firearms in the State of Nebraska. If one has a Nebraska Firearms Purchase permit, is it legal to open carry a pistol in an external belt holster? I'm curious about various situations. If I were at a State Park is it legal to open carry? If I am walking my dog is it legal to open carry?

  20. #20
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    Is there a simple answer to the Open Carry in Omaha question?

    If a person has a firearms purchase permit as issued by the Douglas County Sheriffs office, is it legal to open carry a pistol in an external belt holster? I've heard that you must have a Concealed Carry Permit in order to Open carry? This seems to be a confusion of terms. Someone please explain.

    Thank you!

    --Moderator Edited--
    Posting in over size font is considered as yelling or shouting - really unnecessary.


  21. #21
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    OPEN Carry in Nebraska clarification

    There is no such thing as an "Open Carry Permit" in Nebraska.

    There are two basic permits for firearms:

    1. Firearms Purchase permit
    2. Concealed Carry of Weapon permit "CCW"


    If you have obtained a firearms purchase permit you may open carry in the State of Nebraska but my be restricted from open carry by local city ordinances.

    ------------------------------------------------------------------



    Quote Originally Posted by Wilson View Post
    I sent the Omaha Legal department the email below and their response is on the bottom.

    -----Original Message-----
    Sent: Friday, February 04, 2011 3:14 PM
    To: Conboy III, Marty J (PSC)
    Subject: Omaha Legal Department: Open Carry in Omaha

    This is an enquiry e-mail via http://www.cityofomaha.org/law/ from:


    If a person has a Concealed Handgun Permit issued by the Nebraska state patrol, is it necessary to have the "Open Carry" permit to open carry a handgun in Omaha?

    Is the below statement true?

    When Omaha recognized the Nebraska Permit to be able to carry concealed in Omaha they also recognized it as being the equivalent of their open carry permit, so you do not need the Open Carry permit to open carry if you have a Concealed Handgun Permit.

    There is some confusion about this since the National Safety Council says it is necessary to have the open carry permit from Omaha.

    Clear it up please... and thanks!

    Wilson

    Sent from::
    Feedback from City Law website - Prosecution Division

    From M Conboy:

    The statement is true: The state permit overrides any legal control by the city, and you need nothing else.


    PS: The happy banana is mine!

  22. #22
    Regular Member
    Join Date
    Feb 2011
    Location
    Ashland Ne
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    Smile Open Carry in Omaha ~ Even if it is legal!

    I started a discussion with OPD on Facebook a few months back: http://www.facebook.com/topic.php?ui...95&topic=21506

    I came to the conclusion that I would not open carry in Omaha because I may end up on the ground for doing something that is legal.

    Wilson

  23. #23
    Regular Member undrprsr's Avatar
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    Quote Originally Posted by Ryan45cal View Post
    Yes, while it's true that you don't need a CHP to open carry in Omaha, you still need their equivalently priced class and permit; $150 for training to be able to open carry a handgun. Me personally? I'd rather spend that on training for a CHP instead, which also allows you to open carry there, in addition to providing much more protection against most city firearm ordinances in general.

    Also, if you took your CHP class from a NRA certified instructor, they will also accept that as proof of training if you want the open carry permit too for whatever reason.

    Bottom line: The CHP beats Omaha's stupid OC permit every day of the week. Not to mention open carry in Omaha isn't the brightest idea in the world, either. Unless of course you like guns pointed at you, and I certainly don't.

    The Course you have to take not only from a NRA certified instructor but certified by the Nebraska Council on Safety Cost $105 permit included.

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