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CCW Nebraska...Help

Discussion in 'Legal' started by dmine, Aug 22, 2008.

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  1. dmine

    dmine Member

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    Greetings,

    We have recently been blessed with the CCW Act of 2007 in Nebraska. It outlawed carry in quite a few places like banks, churches, state and Federal buildings, etc., which I don't agree with, but hey, I guess we have to settle with it for right now. But what really bothers me is the last clause of the prohibited section, there is an additional clause that states "and anywhere else where handguns are prohibited by law, rule, or regulation". Well our municipalities, including the city where I reside, have decided to make rules, regulations, and laws that completely override the state issued permit within an entire city. The local sheriff says "you must know each individual town and its rules before entering or you would be breaking the law". I've contacted local attorneys, and the state legislature whom stated that it was "not their intention when they passed the law" for cities to have this authority.
    Now forgive me, but I am a trained and certified Nebraska CCW permit holder whom is not allowed to carry concealed in approximately half of Nebraska's cities. Its like the permit is invalid and no good. People have said to petition it with signatures, get convicted and appeal it, and so forth. Thats not what I really wanted. I mean, I went through a lot of trouble, training,and money to get that permit to have to chase legislatures around with signatures to get them to uphold the face value of the permit. You know what I mean? Any experience? Any advice? I greatly appreciate your time!



    Ruger
    Glock
    Mossberg
    Bushmaster
    NAA
    Savage
     
    Last edited: Aug 22, 2008
  2. Duke Junior

    Duke Junior member

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    Location:
    Cherokee County,North Carolina
    Nebraskans must work diligently to get total state preemption making firearms laws uniform throughout the state.
    With preemption in effect individual municipalities,counties,etc. are unable to enact their own individual brand of gun control.
    The vast majority of the 39 shall issue states have this law on the books.So do some of the 9 may issue states.
    Until Cornhuskers get it, you're at the mercy of this patchwork quilt of separate rules.Kansas is straining under the same problem.
    Eventually you'll be successful.Dozens of the now "free states" labored until recently under non preemption.
    Don't get depressed.You'll get there.It'll take a concerted effort.
    A few other states with no preemption include CT,HI,IL,KS ,and NY.About 6 others states have "grandfathered" in some areas exempt from preemption.DE,LA AND NV are a few examples.
    Good luck.
     
  3. dmine

    dmine Member

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    Thanks. Your feedback is greatly appreciated. I'm a little confused. I thought preemption was like an act of selling and purchasing goods or land to someone before the goods or land is offered to others. Kinda like favoring someone before the public. I just wonder if maybe there is another word, besides preemption, that could be used to describe what the other 39 states went through for universal carry laws.
     
  4. Duke Junior

    Duke Junior member

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    Not to my knowledge,dmine.But we have dozens of fine legal minds on this forum who may have another answer later in the morning when they wake up!I think you and I are lone night owls right now.
    Lets see what some others think when dawn breaks.
    And remember, a few of those 39 shall issue states still don't have total preemption.KS,,LA, NV, and WV are 4 examples, besides Nebraska.
     
  5. jim85255

    jim85255 Member

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    I also live in NE. I am retired and I am leaving the State ASAP. Your concern is just one of many reasons.

    However, GO BIG RED.
     
  6. rcellis

    rcellis Member

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    Kansas DOES have preemption. But I understand that Wichita and KCKS have 'attitude' problems.
     
  7. Duke Junior

    Duke Junior member

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    rcellis,I was referring to Johnson County and Topeka.Unless its been amended these areas had ordinances that tend to be stricter than state law and might require firearms to be cased and unloaded.
    Hopefully these restrictions are no longer in place
     
  8. bumm

    bumm Member

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    I've lived in Iowa for the past 33 years, but I grew up in Nebraska, and I'll always be a Nebraska boy. However, I've long been confused, disappointed, and embarrassed, by Nebraska's stance on CCW. Much can be explained by the influence of Omaha and Ernie Chambers, but not the asinine stance of so many smaller communities. Beats me... :confused:
    Marty
     
  9. rluening

    rluening Member

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    I'm curious...

    ... about the assertion that you can't carry in half the towns in Nebraska. The towns that I am aware of that ban CCW are:

    Beatrice
    Columbus
    Crawford
    Hastings
    Holdrege
    Kearney
    LaVista
    Lexington
    Nebraska City
    Norfolk
    North Platte
    O’Neil
    Scottsbluff
    Seward
    Wayne
    York

    I'm sure this is not an inclusive list - it comes from http://www.nebraskafirepower.com/fo...0f94a96a4014dad76ac0e512e&topic=21.msg742#new
    That's 16 towns out of some 540 (http://casde.unl.edu/history/about/page4.php). While I really hope some form of preemption is passed, we're in a lot better shape than we were 2 years ago.

    /rl
     
  10. tyserj

    tyserj Member

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    Preemption in this case means that the state laws preempt local ordinances. So while there is no law in the state laws that says you can be convicted by state authorities for carrying with your permit, there is no law that says you CANNOT be convicted of a crime by local authorities. So for breaking a local city's ordinance you can be charged with a crime by the local PD. A preemption law at the state level would simply state that no locality within the state is allowed to pass a law that is more stringent than the state laws, regarding concealed weapons. I.E. the state CCW Laws are good anywhere in the state, PERIOD. This is what Nebraska is missing. And we hope to get working on in the legislature this year. Check our local NE CCW messageboards at http://ccwnebraska.yuku.com to keep updated and join in the local fight.
     
  11. dmine

    dmine Member

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    I am thankful for all your responses. I will keep posted at those links pasted above by my fellow Nebraskans. I just want to make sure we, the permit holders, don't get pushed under the rug by the big-wigs...

    "Life, Liberty, and the Pursuit of Happiness"
     
  12. LAK Supply

    LAK Supply Member

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    Location:
    Wild Wyo.....
    While you're working on preemption can you guys work on some reciprocity so your neighbors can carry there?! All Nebraska has to do is recognize a Wyoming permit and yours is recognized here... and we can all be friends. :D
     
  13. rcellis

    rcellis Member

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    The Kansas pre-emption law makes those rules nul and void.
     
  14. HuntAndFish

    HuntAndFish Member

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    Organize. Join your NE CCW group and get to know your legislators.

    Recruit your legislators to your side. Convince with facts. Express your views to your legislator.

    If they won't come around, work to vote them out.

    There's no other way to do it.

    Former Nebraska boy here as well.
     
  15. Loomis

    Loomis member

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    I grew up in NE.

    Things than nebraskans don't often know:

    Nebraska has always allowed open carry. No permit required. But cities often would override that and make it illegal in city limits.

    Nebraska has alway had special circumstances permits issued to people that could prove they had a special need to carry a concealed firearm. They didn't advertise this fact though, and very few people knew about it's existance. My grandfather had a permit to carry. He was a Nebraska resident. He's been dead many years. And yes, I saw the permit with my own eyes. He kept it in his wallet.

    Nebraska has also always allowed people to carry concealed without a permit if they had a "very good reason" to do so. The problem was that this "very good reason" was subjective and interpretation was up to the officer to decide what it meant and if you met the requirements. Many city cops didn't even know of it's existance, or wouldn't admit they knew of it.

    If you shot someone in self defense, that in itself was considered proof of "very good reason". But the problem was that you would easily be carrying illegally right up to the point of defending yourself and then 5 minutes after the shooting, be carrying illegally again...depending on which officer you asked.

    Loaded weapons in vehicles are legal, so long as they are "in plain sight". It's always been this way.

    The new permits to carry in NE actually changed very little.

    I do not currently live in NE.
     
  16. Duke Junior

    Duke Junior member

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    Very good.One more state with full preemption.We're getting there, one state at a time.
     
  17. tyserj

    tyserj Member

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    Loomis is correct that before the concealed carry law took effect, there was nothing in the state laws that forbade it. As for cities adding ordinances to their local charter to forbid weapons, they STILL do this, against our state laws. And thanks to no preemption law in nebraska, they are free to continue to get away with it.

    Loaded weapons in vehicles in plain sight is legal yes, thanks to nothing in the laws about prohibiting open carry. However with the CCW laws and permit, you are free to conceal your weapon in your vehicle as well. This is why a lot of people get the carry permit in nebraska apparently, not to carry on their person, but in their vehicle, legally. (about half my CCW class reported this as their sole reason for getting the permit)
     
  18. Z-Michigan

    Z-Michigan Member

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    Those are some really rinky-dinky towns that have local anti-CCW ordinances. I'll bet many of them don't enforce those ordinances on the local boys.

    Statewide preemption is the one real solution to your problem. Many states have it now, so it's just a matter of politics and lobbying. Good luck!
     
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