Open Carry?

captainamerica said:

I went to the Omaha City Attorney (by e-mail) and his office told me NO you cannot open carry a handgun in Omaha b/c there is NO State preemption and you WILL get arrested if you do so. He did say there was a permission slip/training that can be obtained but it sounded more like a "yeah right" kind of thing that really isn't available.


Omaha does allow open carry. And the instructions are in the Municipal code of the city. Despite what mr. Marty says. If you follow the instructions they can not stop you. IT IS YOUR RIGHT per the Nebraska Constitution.

Go to www.cityofomaha.com, click on municipal code on the left hand navigation window.

Then it opens the code is a separate window or tab.
Click on Chapter 20 Offenses*
Then scroll down to Section 20-206. That is the beginning of the carry law for Omaha. 20-206 – 20-208.

So, according to the code, what you will need is a registered hand gun. And an ID card from the Omaha chapter of the National Safety Council. I called them and they said after you complete the training it takes about two weeks, to actually get the ID.
If you have military training and that record, for handguns, you will only pay $15. That is the process I will be going through this week.

I attached the pertinent sections of the Municipal Code.

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:
…(I skipped the first 7 as they are boring)
(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.

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)

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captainamerica said:

I went to the Omaha City Attorney (by e-mail) and his office told me NO you cannot open carry a handgun in Omaha b/c there is NO State preemption and you WILL get arrested if you do so. He did say there was a permission slip/training that can be obtained but it sounded more like a "yeah right" kind of thing that really isn't available.

Risasi wrote:

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ke4yqd said:

Thank you for posting this. I did the same this week and got a similar response from Mr. Marty yesterday. You CAN'T OPEN CARRY WITHOUT A PERMIT.


RE: Clarification on Omaha's firearm requirements
1/20/11

-----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


Hide details Conboy III, Marty J (PSC) Conboy III, Marty J (PSC)Marty.Conboy@ci.omaha.ne.us

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Find email Add to contactsTo 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)



(So, he takes his authority, requirements for OPEN CARRY to have a permit, from the requirement of the state for CONCEALED CARRY to have a permit.)

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