Gosh, what is the deal? Why do so many people get this wrong?
The only city who can legally disallow CCW is Omaha, it is the only metro size city (300k), ALL the other cities who are banning CCW are doing so illegally. This is not part of the CCW, because it is an older law dealing with what cities are allowed to preempt. Only metro sized cities are allowed to preempt concealed carrying of weapons. All other cities can only ban what is allowed within the confines of the "laws of this state".
Not only that, section 28-1202 of our statutes say it is unlawful to carry a concealed weapon, however it also says;
Our recent CCW also CANNOT PREEMPT the affirmative defense as stated above.
I've carried under this defense before, I've been stopped and the officers let me go because I explained the law. I've also heard of a few that were arrested, appeared before a judge and charges were dismissed. It used to be that $200 in your pocket was evidence enough to show you were a "prudent person" and gave you reason to carry. Now with that said I was stopped ten years ago, I have serious doubts a cop would just let me go if it was discovered I was carrying concealed without a CCW. I would fully expect to have to appear before a judge. The politics of this state have become really strange.
In the 1980's our State Constitution was amended to recognize the right to keep and bear arms. It's Amendment I-1, look it up. Open carry cannot be messed with, it cannot be preempted. And allowances have been in place for a very long time to carry concealed when it's prudent. Some people here fought very hard to make our gun laws of this state akin to Vermont laws. I wish people in my state would get this through their heads. You know what? We threw our rights away by not exercising them. Because people in this state became flippant about their right to defend themselves, this is why we have some stupid signs in the windows of shops saying we can't carry.
You know what? I don't care. I won't venture into those stores. I won't support people who allow political mores to overstep our State Constitution, and I no longer give my money to people who hold such ideals. And I really don't feel sorry for someone who does support these entities with their monies, then gets killed because they put themselves under such stupid laws. All for creature comforts.
Our state used to be relatively free, now it's turned into a state full of people wanting handouts from the .gov, and expecting a Utopia where bad things can't touch them.
Franklin was right, anyone who sells their freedom for security doesn't deserve either one.
