imported post
First, actually, Omaha is preempted by the state to allow people to have arms, it is in the very first section of the first article of our constitution. But, the supreme court alsosays that placing regulations that do not hinder law abiding citizen's right does not violate the constitutional right or preemtion. This is why Omaha HAS to allow open carry, butIS legally able to require a permit, provided this permit is issued on a SHALL ISSUE basis unless you are a felon or some other type of serious criminal.
Second, I have seen nothing that would prevent you from open carry in Lincoln, and from what I have heard/read they don't use other ordinances as BS ways to arrest you (specifically, they wont say that by carrying open you are disturbing the peace, and are violating the peace/common goodlaws, and you may thusly not carry open, but through no such regulation on firearms). So basically from what I can tell, open carry is perfectly legal and treated as such in Lincoln.
Now, I live in Omaha and am perticullarly interested in it's laws, both the BS ones and the good ones. So, I shall now ramble about that by reposting another post of mine that should easily clear the matter...
Actually, OpenCarry is allowed in Omaha, via permit,and isSHALL ISSUE, not subject to discretion other than past criminal history. If you want a shorter summary, scroll down, or keep reading if you want amore detailed explaination.
That said, having had the chance to talk with a number of OPD officers, I can say that a fewdon't actually know the laws that they themselves are suppose to enforce. (Keep in mind that most OPD officers are actually quite nice and rather reasonable, good, hardworkingpeople, which is common in manycivil service positions, perticularly the NSP,through NE asmany believe in the common good and feel good serving the state and its citizens and are true patriots through and through. Few are just there cause its a job with decent pay and/or have been jaded.) But there are still those few who don't know the law well, or, just don't careenough to be sufficiently familar with it.For instance,one whohas handledquite a fewof the hangun registrations at the central post's front deskhasaffirmed, rather heatedly, that there is no open carry in omaha. He insisted there is no program that allows such, and said thatI mustbe confused and talking about concealed carry and to talk to the NSP.
Additionally, if you seem innocent or innocuous toanofficer(s) or are rather eloquent orjust good at talking to cops, they may tend to let you get away with alot of stuff you technically shouldn't. For instance, any bb guns, air rifles or paintball guns are against the code to posess off ofyour own premisis, since they are groupedunder sec. 20-195alongwith rifles, shotguns and machine guns.Yet, I have often played paintball in a local arboretum and since my neighbors' propertiesis quite overrun with tree residing rodents, often have hunted squirril there with a .22 CO2 pelletrifle. Whenever the police have been called out, I have had a nice chat with them and then been left alone to do my thing. Of course that could simply be termed as dicretion, but ya know, still... strange for a PD that unilaterally'hates all firearms'.
Actually, from what I have been told,it's only the cheif, a few select officersand themayor that are so veryoutspoken in this direction, and thislargely has to do with the huge gun crime rate (I'm from chicago originally and even I think it is bad). However, this violence is largely cordoned off to the black neighborhoods (Omaha is actually quite possibly the most segrigated city in the entire country). I have found that just walking from my car to a pawn shop with a shotgun in a locked case in one of these neighborhood got mesome PD attention. Yet, on the other side of the city, in more affluent(white) neighborhoods, I've actuallybeen to a small gunshow on someonesfront lawn that lasted overtwo days in a rowwith no contact.
Anyway, the Omaha municipal codes relating to firearms, while actually fairly few in number,does have provision for open carry. Firstly, let me say that while the NE constitution's very first section of the very first article guarantees the right to armsand preemts local contradiction, it is constitutional (as shown toward the latter part of the last century by a state supreme court decision) for firearms to be regulated, provided the regulations do not 'frustrate' the right to arms. Essentially, it means that the state and municipalities may place provisions to the law that must be complied with in order to carry/posess arms, however, these cannot place unreasonable restrictions on a law abiding citizen's ability to do so.
This is the precise reason that the CCW permit in NE and even Omaha's handgun registration process is 'shall issue'. If you are a law abiding citizen, andyou comply with the law or apply for a given permit/certificate (which seems a bit like paying for your own rights), then you are legal/they HAVE to issue you the permit or cert.
Now, under 20-206(a)concealed carry in Omaha is illegal unless you have a NECCW permit, this is because Omaha (and Lincoln) cannot restrict or refuse to honor it because the state constitution preemts the whole state for firearms, and it is now allowed by state law. Under 20-206(b) open carry of a concealable firearm (any kind)is illegal in Omaha unless you are, (1) on your own property or on your employers property, (2) a peace officer, (3) are a member of the armed forces, National Guard, or ROTC and are on duty or conducting training, (4) its unloadedin a locked case or unloadedin a securely wrapped package too big to conceal, (5) if your in a car and it is unloadedin a closed/locked case, orunloaded and in a securely wrapped package thats too big to be concealed on the person, or is locked up in a cargo or luggage compartment (not the glove box as this constitutes that it is readily accesible), (6) at a shooting rang or at a fed and city licensed dealer, (7) ina firearms training course such as hunter's ed or the program to get an sec 20-207 ID card, (8) persons waivered by the city from having the above mentioned ID card, (9) persons who have said ID card. Sec. 20-207 sets forth a training program (its run by the omaha chapter of the Safety Council, just like speeding ticket waiver classes) to obtain an ID card. The class is between 8-10 hours classroom, 2 hours range instruction, and if you sucessfully complete the program they SHALL ISSUE a the ID card which is valid for three years. Sec. 20-208 provides the things that must be on the ID and requires that it be issued upon sucessful completion (ie, shall issue). So basically:
Sec. 20-206: (a) no concealed carry (b) no open carry unless exempted...
Sec. 20-207: (a) must have training program (b) fee can be charged for program but must be reasonable (c) ID card shall be issued upon sucessful competion (d) 8-10 hours classroom, 2 hours practical range time (e) city can proscribe procedures for program (f) city has complete control over program and approval of applicants (g) applicants must fill out form (h) ID good for 3 years (i) may be renewed by paying fee if you are still applicable (havn't done anything illegal since last issued) (j)ID can be revoked for doing something illegal (k) waivers for completing armed forces or nationally recognized firearms training
Sec. 20-208: ID must be issued upon sucessful completion and card will have an ID number assigned to holder, full name, birth date, sex, address, expiration,physicaldescription of holder and color photo
So essentially, you can only open carry a handgun (or other concealable), you cannot carry a long arm, and you must have what is basically an open carry permit. Now, I see nothing that would prevent a person that is not an omaha or nebraskaresident from enrolling in the program, but I would be prepared to meet some hesitance from the safety council or the city. I wouldn't anticipate such hesitance, butI would be prepared for it just in case.Additionally, 12 hours and around $105 (which again seems a bitlike paying for a constitutional right to me atleast), seems like a bit of a waste of time and moneyto me if your not actually from Omaha/ or you don't visit Omaha extremely often. But, I suppose that is neither here nore there sinceit would be you, not I, who would be making that judgement call. If you are still interested in open carry in Omaha and taking the class,then you can go here for more info:
http://www.safenebraska.org/safe-working/concealed-carry-handgun-training.php
The linkedpage is the Safety Council's pageof info for their CCW and OpenCarry Permit classes. Unfortunately,only NE residents may apply for a CCW permit, however, again, I see no such restiction for the Open Carry Permit program as listed. In fact, I see an annotation that specifically says that you do not have to live in Omaha, as for having to live in NE, I dont know...
Personally, I enjoy the idea that it is allowed for any law abiding citizen to carry openly provided that they have completed what basically amounts to a safety course. It seems perfectly reasonable to me, maybe a bit of a hassle kinda like registering a handgun, but still perfectly reasobable, not unlike Hunter's Ed (or Hunter's Safety or whatever other states call it). It gives me comfort to know that if/when I ever see a private citizen carrying, that I will know they have atleast had some basic safety training and are actually COMPETENT with the weapon they posess in everyone else's presence. I mean think about it, sure, YOU know thatYOU personallyarenot an idiot with a gun, I know that I am not an idiot with a gun,but how doI know thatYOU are not, or vice versa, and how does the general public or any LEOknow that you or I are not? Simple, make sure that it is not legal for us to easily be an idiot with a gun... that dosn't stop good, law abiding citizens of their rights, it adds a layer ofprotection forgood law abiding citizens from idiots who don't know what they are doing. A small layer of unbiased protection that requires a minimal amount of effort for you and I isworth the effort. I don't want someone who is incompetent or ignorant with a firearm to shoot or endanger my personal safety, my possesions or my family or even the common public, either by accident or otherwise...do you?