Posted: 1/2/2005 7:16:01 PM EDT
| did anyone catch the new to night there were going to be talking about cwp for neb residents |
|
Have not heard about this lately. Signup for and checkout the following forum. Dedicated to NE carry. Untill they come up with a bill that gun owners of NE can support it will go nowhere. Gun Owners of NE is not going to support something worse than we have now just to say we have a permit system. p214.ezboard.com/bccwnebraska |
| well i caught the end of it on the news and they were talkin about cwp but didnt hear it all head.gif |
|
There was an article in the OWH last Thursday. It said there are more reps in favor of it so there are now enough votes to override a fillibuster. At the end of the piece it had a breakdown of the reps opinions. Here you go. Concealed-carry bill may get a shot BY MARTHA STODDARD WORLD-HERALD BUREAU LINCOLN - By the numbers, it would appear that Nebraskans might get a shot at packing heat next year. Two-thirds of state lawmakers responding to a survey by The World-Herald voiced support for some sort of legislation to allow carrying of concealed weapons, at least with conditions. That would be enough votes to cut off a filibuster and pass legislation if all 33 senators hang together. But the Nebraska Legislature has been down this road several times before. Every previous effort to pass a concealed-carry bill has failed in the face of outnumbered but determined opponents. The most recent attempt was two years ago, when supporters couldn't find enough votes to end debate. The sponsor of that 2003 bill, Sen. Gene Tyson of Norfolk, did not seek re-election this year. Sen. Jeanne Combs of Friend has picked up the torch. She said she plans to introduce a bill that would add Nebraska to the list of 33 "shall carry" states, which require permits be issued to anyone who meets specific requirements. Eleven states give law enforcement varying amounts of discretion in issuing permits. Two require no permits for people to carry concealed weapons. Nebraska is one of four states that have no provisions for permitting people to pack heat. "We're long overdue," said Sen. Adrian Smith of Gering. The potential impact of such a law on crime convinced many supporters. Combs said studies have found that crime has dropped in states that adopted concealed-carry laws. Although Nebraska crime rates also have dropped over the past decade, she said they could go lower. "Whatever state of crime you have, it does and can reduce it," she said. Sen. Ray Aguilar of Grand Island said allowing people to carry concealed weapons may increase gun accidents. But he supports concealed-carry permits, with strict requirements for background checks and training, because of the impact on crime. "Just the simple fact that not everybody's carrying but you have to assume everybody's carrying" makes a difference, he said. Combs said she would be willing to have some conditions in her bill, such as training requirements or allowing churches, businesses and other entities to bar concealed weapons. "I am going to try to find some common ground," she said. Finding common ground with opponents may be tough. Many cite continued opposition of law enforcement groups. Sen. Pam Brown of Omaha questions the data on crime rate declines. Some studies show that the rates fell faster in states with strict laws about concealed weapons than in states with more lenient laws. "Somebody's really going to have to provide a lot of information to me to convince me this is a societal good," Brown said. Sen. LeRoy Louden of Ellsworth, who took no position on the issue, noted that current state law allows people to carry concealed weapons in some circumstances. Nebraskans can defend themselves against a concealed-weapons charge by showing that they were justified in carrying a concealed weapon to defend themselves, their property or family. "I'm comfortable with what we have now," Louden said. Where lawmakers stand on guns "Would you support allowing Nebraskans to carry concealed weapons?" Yes (14): Baker, Combs, Cornett, Cunningham, Engel, Erdman, Fischer, Flood, Janssen, Jensen, Langemeier, Dwite Pedersen, Smith, Synowiecki. Yes, with conditions (19): Aguilar, Beutler, Bourne, Brashear, Connealy, Cudaback, Foley, Friend, Heidemann, Hudkins, Kopplin, Kremer, McDonald, Pahls, Don Pederson, Redfield, Schrock, Stuhr, Wehrbein. No (10): Brown, Howard, Kruse, Mines, Preister, Price, Raikes, Stuthman, Thompson, Johnson. No answer (2): Burling, Louden. Did not participate (4): Byars, Chambers, Landis, Schimek. |
|
I can't recall his name, but one of the reps from Omaha ( I beleive?- The well spoken black guy (Ernie?) is anti-gun, and he argues very effectively. If it's possible to shut him up, I'm sure the law would pass. Moved out of NE 2 years ago, so haven't kept up with politics there. |
Yep, Earnie Chambers. Nebr's own Jesse Grew up in Nebr. Any time there was something to be voted on I didn't understand I looked to see how Earnie stood on the issue. Then voted opposite.  Worked everytime.  But that's the only thing he's worth.
|
| 10/11 news tonight at 6pm thell be talking about the bill that will let ne residents carry cw heres the poll search.netscape.com/ns/boomframe.jsp?query=koln+news&page=1&offset=1&result_url=redir%3Fsrc%3Dwebsearch%26requestId%3D6f31eeadf437ae0f%26clickedItemRank%3D1%26userQuery%3Dkoln%2Bnews%26clickedItemURN%3Dhttp%253A%252F%252Fwww.kolnkgin.com%252F%26invocationType%3D-%26fromPage%3DNSCPToolbarNS%26amp%3BampTest%3D1&remove_url=http%3A%2F%2Fwww.kolnkgin.com%2F |
|
heres the story Concealed Weapons Bill Gaining Favor Nebraska Associated Press In a pre-session survey of Nebraska lawmakers by The Associated Press, 22 senators say they would favor allowing Nebraskans to carry concealed weapons. Another 10 say they are leaning that way. Nine say they are opposed to the idea, and two are leaning that way. Four did not answer the question, and two lawmakers did not participate in the survey. Several efforts to advance a measure allowing Nebraskans to carry concealed weapons under certain conditions have failed in recent sessions. Thirty-four states have "right to carry" laws that allow certain adults to carry concealed weapons Posted 1/3/05, 7:07 a.m., CST search.netscape.com/ns/boomframe.jsp?query=koln+news&page=1&offset=1&result_url=redir%3Fsrc%3Dwebsearch%26requestId%3D6f31eeadf437ae0f%26clickedItemRank%3D1%26userQuery%3Dkoln%2Bnews%26clickedItemURN%3Dhttp%253A%252F%252Fwww.kolnkgin.com%252F%26invocationType%3D-%26fromPage%3DNSCPToolbarNS%26amp%3BampTest%3D1&remove_url=http%3A%2F%2Fwww.kolnkgin.com%2F 
|
|
South Dakota's system is good, but not good enough to qualify for no NICS check on firearms. We already have a purchase permit system in place, with the stroke of a pen that can also be our carry permit, but knowing NE politicians, they are going to have to tax us somehow, there will be fees, fees, and more fees. It's not so bad the way it is now. Unless they come up with something better I won't support it. |
its not so bad ??? we only have open carry ??? and unless they come up with somting better you wont support it ??? better than what ???? |
|
We only have open carry, not true, anyone who has a prudent need to carry a concealed weapon may do so. Sure if the cop's a hardass you get arrested and go through the court system only to have a judge or jury throw it out, deemed prudent. Second it's only a misdemeanor, who friggin cares. The way the last bill was written it was a felony to get caught carrying without a permit, there was a shitload of locations the legislature listed where one could not carry, they left it up to the State Patrol to develop a training requirement, and fee structure. They turned it into a taxing system. So if the piece of crap legislation they want to pass is crap like the last time then No I will not support it. What we have is not so bad, I carry all the time, in the car all you have to do is pop your handgun on the dashboard. All you have to do is come up with a valid reason to carry that reasonable people would agree with. |
David, on a average day (going to work let's say) what would be your reasonable reason for carrying? I'm in no way questioning your right to carry, just looking for a reasonable "excuse". Where I live, about the best logical reason I could come up with would be uhhhhhhhhh?????.....  My main bitch right now is that you have to have an "excuse" to carry which is total B.S. IMO. I pretty much am going to do whatever I want anyway (as far as concealed weapons), but it would be nice to know that I don't need an excuse to do so. |
| In light of this, I am going to buy a pistol that can be C&C. As for getting caught, I'm willing to bet the consequences would be different for a 21 year old as opposed to and older person. Younger people also have a better tendency to be searched too. If a 40 year old got caught, he would get a slap on the wrist. If I got caught, even with no record, I would more than likely be deemed a gang member reguardless of past or appearance. |
|
My reason is because I am a machinegun dealer, I am always transporting inventory, always NFA in the vehicle. Same reason Iowa issued me a carry permit. I have a shooting buddy here in NE that got an Iowa permit because he owns a junk yard/used car lot and must meet people late at night and buy thier vehicles for cash at any time when they need money for bail, I know of doctors and drug reps who carry to protect thier narcotics they transport. First off concealed carry is concealed no one is supposed to know. How many times have any of you gotten a patt down, never what are the chances of getting spotted or patted down, not very likely. In the event it did happen and you got caught with your sneak gun and you could not come up with a reason, it's still only a misdemeanor about as serious as littering. Not a real biggie comparing to not being able to defend one's self. |
|
yea but you got a DAMN GOOD reason to cc i dont and my luck theyd throw the book at me. not saying i dont carry but i live in north platte and you get the crazyiest looks from other people when your shiny pistol is ridin on the dash and ive been polled over becouse of a cop seeing it on the dash ???? nothing bad just thought id poll yea over ???? and im from wasington so old habits die hard .and granted its no way near wasington here but like i said old habits die hard. |
|
Well the new bill is introduced, once again it's so full of crap I do not want it, No carry in churches, financial institutions, no carry at sporting events, no carry in any government buildings, no carry in many other places, they specify that no part of the firearm may be showing, does this mean we loose open carry? No reciprocity with other states, now carrying without a permit becomes a felony, |
|
LB454 LB 454 LEGISLATURE OF NEBRASKA NINETY-NINTH LEGISLATURE FIRSTSESSION LEGISLATIVE BILL 454 Introduced by Combs, 32; Aguilar, 35; Baker, 44; Cornett, 45; Cudaback, 36; Cunningham, 40; Erdman, 47; Fischer, 43; Flood, 19; Friend, 10; Hudkins, 21; Janssen, 15; Jensen, 20; Kremer, 34; Langemeier, 23; McDonald, 41; Pahls, 31; Dw. Pedersen, 39; Redfield, 12; Schrock, 38; Smith, 48; Stuhr, 24; Wehrbein,2 Read first time January 13, 2005 Committee: ABILL 1 FOR AN ACT relating to handguns; to amend section 28-1202, Reissue 2 Revised Statutes of Nebraska; to adopt the Concealed 3 Handgun Permit Act; to provide penalties; to harmonize 4 provisions; to provide an operative date; to provide 5 severability; and to repeal the original section. 6 Be it enacted by the people of the State of Nebraska, -1- LB454 LB 454 1 Section 1. Sections 1 to 21 of this act shall be known ___________________________________________ 2 and may be cited as the Concealed Handgun Permit Act. _____________________________________________________ 3 Sec. 2. An individual may obtain a permit to carry a ________________________________________________ 4 concealed handgun in accordance with the Concealed Handgun Permit ___________________________________________________________________ 5 Act. ____ 6 Sec. 3. For purposes of the Concealed Handgun Permit _______________________________________________ 7 Act: ____ 8 (1) Concealed handgun means the handgun is totally hidden _________________________________________________________ 9 from view. If any part of the handgun is capable of being seen, it ___________________________________________________________________ 10 is not a concealed handgun; ___________________________ 11 (2) Emergency services personnel means a volunteer or _________________________________________________________ 12 paid firefighter or rescue squad member or a person certified to ___________________________________________________________________ 13 provide emergency medical services pursuant to the Emergency ___________________________________________________________________ 14 Medical Services Act; _____________________ 15 (3) Handgun means any firearm with a barrel less than _________________________________________________________ 16 sixteen inches in length or any firearm designed to be held and ___________________________________________________________________ 17 fired by the use of a single hand; __________________________________ 18 (4) Peace officer means any town marshal, chief of police _________________________________________________________ 19 or local police officer, sheriff or deputy sheriff, the ___________________________________________________________________ 20 Superintendent of Law Enforcement and Public Safety, any officer of ___________________________________________________________________ 21 the Nebraska State Patrol, any member of the National Guard on ___________________________________________________________________ 22 active service by direction of the Governor during periods of ___________________________________________________________________ 23 emergency or civil disorder, any Game and Parks Commission ___________________________________________________________________ 24 conservation officer, and all other persons with similar authority ___________________________________________________________________ 25 to make arrests; ________________ 26 (5) Permitholder means an individual holding a current _________________________________________________________ 27 and valid permit to carry a concealed handgun issued pursuant to ___________________________________________________________________ 28 the act; and ____________ -2- LB454 LB 454 1 (6) Proof of training means an original document or _________________________________________________________ 2 certified copy of a document, supplied by an applicant, that ___________________________________________________________________ 3 certifies that he or she either: ________________________________ 4 (a) Within the previous three years, has successfully _________________________________________________________ 5 completed a handgun training and safety course approved by the ___________________________________________________________________ 6 Nebraska State Patrol pursuant to section 6 of this act; or ___________________________________________________________ 7 (b) Is a member of the active or reserve armed forces of _________________________________________________________ 8 the United States or a member of the National Guard and has had ___________________________________________________________________ 9 handgun training within the previous three years. _________________________________________________ 10 Sec. 4. (1) Application for a permit to carry a ______________________________________________ 11 concealed handgun shall be made in person at the office of the ___________________________________________________________________ 12 sheriff of the county in which the applicant resides. The ___________________________________________________________________ 13 applicant shall present a current Nebraska motor vehicle operator's ___________________________________________________________________ 14 license, Nebraska-issued state identification card, or military ___________________________________________________________________ 15 identification card and shall submit two legible sets of ___________________________________________________________________ 16 fingerprints for a criminal history record information check ___________________________________________________________________ 17 pursuant to section 5 of this act. The application shall be made ___________________________________________________________________ 18 on a form prescribed by the Superintendent of Law Enforcement and ___________________________________________________________________ 19 Public Safety. The application shall state the applicant's full ___________________________________________________________________ 20 name, social security number, address, and date of birth and ___________________________________________________________________ 21 contain a statement that the information on the application is true ___________________________________________________________________ 22 and correct, a statement that the applicant understands the use of ___________________________________________________________________ 23 lawful force for the protection of himself or herself, his or her ___________________________________________________________________ 24 family, and his or her property, and the applicant's signature and ___________________________________________________________________ 25 shall include space for the applicant to affirm that he or she ___________________________________________________________________ 26 meets each and every one of the requirements set forth in section 7 ___________________________________________________________________ 27 of this act. ____________ 28 (2) A person applying for a permit to carry a concealed _________________________________________________________ -3- LB454 LB 454 1 handgun who gives false information or offers false evidence of his ___________________________________________________________________ 2 or her identity is guilty of a Class IV felony. _______________________________________________ 3 (3) The permit to carry a concealed handgun shall be _________________________________________________________ 4 issued by the county sheriff within five business days after ___________________________________________________________________ 5 completion of the applicant's criminal history record information ___________________________________________________________________ 6 check, if the applicant has complied with this section and has met ___________________________________________________________________ 7 all the requirements of section 7 of this act. ______________________________________________ 8 (4) The county sheriff shall maintain a listing of all _________________________________________________________ 9 applicants and permitholders. _____________________________ 10 (5) An applicant denied a permit to carry a concealed _________________________________________________________ 11 handgun may appeal to the district court of the judicial district ___________________________________________________________________ 12 of the county in which he or she applied for the permit pursuant to ___________________________________________________________________ 13 the Administrative Procedure Act. _________________________________ 14 Sec. 5. In order to insure an applicant's initial _______________________________________________ 15 compliance with sections 4 and 7 of this act, the applicant for a ___________________________________________________________________ 16 permit to carry a concealed handgun shall be subject to ___________________________________________________________________ 17 fingerprinting by the county sheriff and a check of his or her ___________________________________________________________________ 18 criminal history record information maintained by the Federal ___________________________________________________________________ 19 Bureau of Investigation through the Nebraska State Patrol. The ___________________________________________________________________ 20 criminal history record information check under the act is for ___________________________________________________________________ 21 initial compliance only. ________________________ 22 Sec. 6. (1) The Nebraska State Patrol shall prepare and _______________________________________________ 23 publish minimum training and safety requirements for and adopt and ___________________________________________________________________ 24 promulgate rules and regulations governing handgun training and ___________________________________________________________________ 25 safety courses and handgun training and safety course instructors. ___________________________________________________________________ 26 Minimum safety and training requirements for a handgun training and ___________________________________________________________________ 27 safety course shall include, but not be limited to: ___________________________________________________ 28 (a) Knowledge and safe handling of a handgun; _____________________________________________ -4- LB454 LB 454 1 (b) Knowledge and safe handling of handgun ammunition; ______________________________________________________ 2 (c) Safe handgun shooting fundamentals; _______________________________________ 3 (d) A demonstration of competency with a handgun with _________________________________________________________ 4 respect to the minimum safety and training requirements; ________________________________________________________ 5 (e) Knowledge of federal, state, and local laws _________________________________________________________ 6 pertaining to the purchase, ownership, transportation, and ___________________________________________________________________ 7 possession of handguns; _______________________ 8 (f) Knowledge of federal, state, and local laws _________________________________________________________ 9 pertaining to the use of a handgun, including, but not limited to, ___________________________________________________________________ 10 use of a handgun for self-defense and laws relating to justifiable ___________________________________________________________________ 11 homicide and the various degrees of assault; ____________________________________________ 12 (g) Knowledge of ways to avoid a criminal attack and to _________________________________________________________ 13 defuse or control a violent confrontation; and ______________________________________________ 14 (h) Knowledge of proper storage practices for handguns _________________________________________________________ 15 and ammunition, including storage practices which would reduce the ___________________________________________________________________ 16 possibility of accidental injury to a child. ____________________________________________ 17 (2) A person or entity conducting a handgun training and _________________________________________________________ 18 safety course and the course instructors shall be approved by the ___________________________________________________________________ 19 patrol before operation. The patrol shall issue a certificate ___________________________________________________________________ 20 evidencing its approval. ________________________ 21 (3) A certificate of completion of a handgun training and _________________________________________________________ 22 safety course shall be issued by the person or entity conducting a ___________________________________________________________________ 23 handgun training and safety course to persons successfully ___________________________________________________________________ 24 completing the course. The certificate of completion shall also ___________________________________________________________________ 25 include certification from the instructor that the person ___________________________________________________________________ 26 completing the course does not suffer from a readily discernible ___________________________________________________________________ 27 physical infirmity that prevents the person from safely handling a ___________________________________________________________________ 28 handgun. ________ -5- LB454 LB 454 1 (4) Any fee for participation in a handgun training and _________________________________________________________ 2 safety course is the responsibility of the applicant. _____________________________________________________ 3 Sec. 7. An applicant shall: ___________________ 4 (a) Be at least twenty-one years of age; ________________________________________ 5 (b) Not be prohibited from purchasing or possessing a _________________________________________________________ 6 handgun by 18 U.S.C. 922, as such section existed on January 1, ___________________________________________________________________ 7 2005; _____ 8 (c) Possess the same powers of eyesight as required under _________________________________________________________ 9 section 60-4,118 for a Class O operator's license. If an applicant ___________________________________________________________________ 10 does not possess a current Nebraska motor vehicle operator's ___________________________________________________________________ 11 license, he or she shall demonstrate such powers of eyesight at the ___________________________________________________________________ 12 office of the county sheriff when applying for a permit to carry a ___________________________________________________________________ 13 concealed handgun; __________________ 14 (d) Not have pled guilty to, not have pled nolo _________________________________________________________ 15 contendere to, or been convicted of a felony or a crime of ___________________________________________________________________ 16 violence; _________ 17 (e) Not habitually be in an intoxicated or drugged _________________________________________________________ 18 condition; __________ 19 (f) Have no history of violence; ________________________________ 20 (g) Not have been found in the previous five years to be _________________________________________________________ 21 a mentally ill dangerous person under the Nebraska Mental Health ___________________________________________________________________ 22 Commitment Act or a similar law of another jurisdiction or is not ___________________________________________________________________ 23 currently adjudged mentally incompetent; ________________________________________ 24 (h) Have been a resident for at least one hundred eighty _________________________________________________________ 25 days of the county where the application is being made. For ___________________________________________________________________ 26 purposes of this section, resident does not include an applicant ___________________________________________________________________ 27 who maintains a residence in another state and claims that ___________________________________________________________________ 28 residence for voting or tax purposes; _____________________________________ -6- LB454 LB 454 1 (i) Have had no violations of any law of this state _________________________________________________________ 2 relating to firearms, unlawful use of a weapon, or controlled ___________________________________________________________________ 3 substances or of any similar laws of another jurisdiction in the ___________________________________________________________________ 4 five years preceding the date of application; _____________________________________________ 5 (j) Not be on parole, probation, house arrest, or work _________________________________________________________ 6 release; ________ 7 (k) Be a citizen of the United States; ______________________________________ 8 (l) Not be under investigation for an offense which would _________________________________________________________ 9 prohibit him or her from obtaining a permit to carry a concealed ___________________________________________________________________ 10 handgun under this section at the time he or she is applying for ___________________________________________________________________ 11 such a permit; and __________________ 12 (m) Provide proof of training. ______________________________ 13 Sec. 8. The design and form of the permit to carry a ________________________________________________ 14 concealed handgun shall be prescribed by the Superintendent of Law ___________________________________________________________________ 15 Enforcement and Public Safety. The permit shall list the ___________________________________________________________________ 16 permitholder's name, the permitholder's address, and expiration ___________________________________________________________________ 17 date of the permit and contain a photograph of the permitholder. ________________________________________________________________ 18 Sec. 9. A permitholder shall continue to meet the _______________________________________________ 19 requirements of section 7 of this act during the time he or she ___________________________________________________________________ 20 holds the permit. If, during such time, a permitholder does not ___________________________________________________________________ 21 continue to meet one or more of the requirements, the permitholder ___________________________________________________________________ 22 shall return his or her permit to any county sheriff for ___________________________________________________________________ 23 revocation. If a permitholder does not return his or her permit, ___________________________________________________________________ 24 the permitholder is subject to having his or her permit revoked ___________________________________________________________________ 25 under section 13 of this act. _____________________________ 26 Sec. 10. (1) A permit to carry a concealed handgun is ____________________________________________ 27 valid throughout the state for a period of five years after the ___________________________________________________________________ 28 date of issuance. The fee for issuing a permit is one hundred ___________________________________________________________________ -7- LB454 LB 454 1 dollars. ________ 2 (2) The sheriff may renew a person's permit to carry a _________________________________________________________ 3 concealed handgun for a renewal period of five years, subject to ___________________________________________________________________ 4 continuing compliance with the requirements of section 7 of this ___________________________________________________________________ 5 act. The renewal fee is fifty dollars, and renewal may be applied ___________________________________________________________________ 6 for up to four months before expiration of a permit to carry a ___________________________________________________________________ 7 concealed handgun. __________________ 8 (3) The sheriff shall collect the fee. One-half of the _________________________________________________________ 9 fee shall be remitted to the county treasurer for deposit in the ___________________________________________________________________ 10 general fund of the county, and one-half of the fee shall be ___________________________________________________________________ 11 remitted to the State Treasurer. The State Treasurer shall credit ___________________________________________________________________ 12 to the Nebraska State Patrol Cash Fund an amount equal to the cost ___________________________________________________________________ 13 of the criminal history record information check pursuant to ___________________________________________________________________ 14 section 5 of this act. The remaining amount shall be credited to ___________________________________________________________________ 15 the General Fund. _________________ 16 Sec. 11. A permit to carry a concealed handgun shall be ______________________________________________ 17 issued to a specific individual only and shall not be transferred ___________________________________________________________________ 18 from one person to another. ___________________________ 19 Sec. 12. A sheriff who issues a permit under the ____________________________________________ 20 Concealed Handgun Permit Act is not civilly liable to any injured ___________________________________________________________________ 21 person or his or her estate for any injury suffered, including any ___________________________________________________________________ 22 action for wrongful death or property damage suffered, relating to ___________________________________________________________________ 23 the issuance or revocation of the permit. _________________________________________ 24 Sec. 13. (1) Any peace officer having probable cause ____________________________________________ 25 that a permitholder is no longer in compliance with one or more ___________________________________________________________________ 26 requirements of section 7 of this act shall bring an application ___________________________________________________________________ 27 for revocation of the permit to be prosecuted as provided in ___________________________________________________________________ 28 subsection (2) of this section. _______________________________ -8- LB454 LB 454 1 (2) It is the duty of the county attorney or his or her _________________________________________________________ 2 deputy of the county in which such permitholder resides to ___________________________________________________________________ 3 prosecute a case for the revocation of a permit to carry a ___________________________________________________________________ 4 concealed handgun brought pursuant to subsection (1) of this ___________________________________________________________________ 5 section. In case the county attorney refuses or is unable to ___________________________________________________________________ 6 prosecute the case, the duty to prosecute shall be upon the ___________________________________________________________________ 7 Attorney General or his or her assistant. _________________________________________ 8 (3) The case shall be prosecuted as a civil case, and the _________________________________________________________ 9 permit shall be revoked upon a showing by a preponderance of the ___________________________________________________________________ 10 evidence that the permitholder does not meet one or more of the ___________________________________________________________________ 11 requirements of section 6 of this act. ______________________________________ 12 (4) A person who has his or her permit revoked under this _________________________________________________________ 13 section may be fined up to one thousand dollars and shall be ___________________________________________________________________ 14 charged with the costs of the prosecution. The money collected ___________________________________________________________________ 15 under this subsection as an administrative fine shall be remitted ___________________________________________________________________ 16 to the State Treasurer for distribution in accordance with Article ___________________________________________________________________ 17 VII, section 5, of the Constitution of Nebraska. ________________________________________________ 18 Sec. 14. (1) A permitholder shall carry his or her ______________________________________________ 19 permit to carry a concealed handgun and his or her Nebraska ___________________________________________________________________ 20 driver's license, Nebraska-issued state identification card, or ___________________________________________________________________ 21 military identification card any time he or she carries a concealed ___________________________________________________________________ 22 handgun. The permitholder shall display both the permit to carry a ___________________________________________________________________ 23 concealed handgun and his or her Nebraska motor vehicle operator's ___________________________________________________________________ 24 license, Nebraska-issued state identification card, or military ___________________________________________________________________ 25 identification card when asked to do so by a peace officer or by ___________________________________________________________________ 26 emergency services personnel. _____________________________ 27 (2) Whenever a permitholder who is carrying a concealed _________________________________________________________ 28 handgun is contacted by a peace officer or by emergency services ___________________________________________________________________ -9- LB454 LB 454 1 personnel, the permitholder shall immediately inform the peace ___________________________________________________________________ 2 officer or emergency services personnel that the permitholder is ___________________________________________________________________ 3 carrying a concealed handgun. _____________________________ 4 (3)(a) During contact with a permitholder, a peace _________________________________________________________ 5 officer or emergency services personnel may secure the handgun or ___________________________________________________________________ 6 direct that it be secured during the duration of the contact if the ___________________________________________________________________ 7 peace officer or emergency services personnel determines that it is ___________________________________________________________________ 8 necessary for the safety of any person present, including the peace ___________________________________________________________________ 9 officer or emergency services personnel. The permitholder shall ___________________________________________________________________ 10 submit to the order to secure the handgun. __________________________________________ 11 (b)(i) When the peace officer has determined that the _________________________________________________________ 12 permitholder is not a threat to the safety of any person present, ___________________________________________________________________ 13 including the peace officer, and the permitholder has not committed ___________________________________________________________________ 14 any other violation that would result in his or her arrest or the ___________________________________________________________________ 15 suspension or revocation or his or her permit, the peace officer ___________________________________________________________________ 16 shall return the handgun to the permitholder before releasing the ___________________________________________________________________ 17 permitholder from the scene and breaking contact. _________________________________________________ 18 (ii) When emergency services personnel have determined _________________________________________________________ 19 that the permitholder is not a threat to the safety of any person ___________________________________________________________________ 20 present, including emergency services personnel, and if the ___________________________________________________________________ 21 permitholder is physically and mentally capable of possessing the ___________________________________________________________________ 22 handgun, the emergency services personnel shall return the handgun ___________________________________________________________________ 23 to the permitholder before releasing the permitholder from the ___________________________________________________________________ 24 scene and breaking contact. If the permitholder is transported for ___________________________________________________________________ 25 treatment to another location, the handgun shall be turned over to ___________________________________________________________________ 26 any peace officer. The peace officer shall provide a receipt which ___________________________________________________________________ 27 includes the make, model, caliber, and serial number of the ___________________________________________________________________ 28 handgun. ________ -10- LB454 LB 454 1 (4) For purposes of this section, contact with a peace _________________________________________________________ 2 officer means any time a peace officer personally stops, detains, ___________________________________________________________________ 3 questions, or addresses a permitholder for an official purpose or ___________________________________________________________________ 4 in the course of his or her official duties, and contact with ___________________________________________________________________ 5 emergency services personnel means any time emergency services ___________________________________________________________________ 6 personnel provide treatment to a permitholder in the course of ___________________________________________________________________ 7 their official duties. ______________________ 8 Sec. 15. (1)(a) A permitholder may carry a concealed ______________________________________________ 9 handgun anywhere in Nebraska, except any: Police, sheriff, or ___________________________________________________________________ 10 Nebraska State Patrol station or office; detention facility, ___________________________________________________________________ 11 prison, or jail; courtroom or building which contains a courtroom; ___________________________________________________________________ 12 polling place during a bona fide election; meeting of the governing ___________________________________________________________________ 13 body of a county, public school district, municipality, or other ___________________________________________________________________ 14 political subdivision; meeting of the Legislature or a committee of ___________________________________________________________________ 15 the Legislature; financial institution; professional, ___________________________________________________________________ 16 semiprofessional, or collegiate athletic event; school, school ___________________________________________________________________ 17 grounds, school-owned vehicle, or school-sponsored activity or ___________________________________________________________________ 18 athletic event; place of worship; emergency room or trauma center; ___________________________________________________________________ 19 political rally or fundraiser; establishment having a license ___________________________________________________________________ 20 issued under the Nebraska Liquor Control Act that derives over ___________________________________________________________________ 21 one-half of its total income from the sale of alcoholic liquor; ___________________________________________________________________ 22 place where the possession or carrying of a firearm is prohibited ___________________________________________________________________ 23 by state or federal law; a place or premises where the person, ___________________________________________________________________ 24 persons, entity, or entities in control of the property or employer ___________________________________________________________________ 25 in control of the property has prohibited permitholders from ___________________________________________________________________ 26 carrying concealed handguns into or onto the place or premises; or ___________________________________________________________________ 27 into or onto any other place or premises where handguns are ___________________________________________________________________ 28 prohibited by law or rule or regulation. ________________________________________ -11- LB454 LB 454 1 (b) A financial institution may authorize its security _________________________________________________________ 2 personnel to carry concealed handguns in the financial institution ___________________________________________________________________ 3 while on duty so long as each member of the security personnel, as ___________________________________________________________________ 4 authorized, is in compliance with the Concealed Handgun Permit Act ___________________________________________________________________ 5 and possesses a permit to carry a concealed handgun issued pursuant ___________________________________________________________________ 6 to the act. ___________ 7 (2) If a person, persons, entity, or entities in control _________________________________________________________ 8 of the property or an employer in control of the property prohibits ___________________________________________________________________ 9 a permitholder from carrying a concealed handgun into or onto the ___________________________________________________________________ 10 place or premises and such place or premise are open to the public, ___________________________________________________________________ 11 a permitholder does not violate this section unless the person, ___________________________________________________________________ 12 persons, entity, or entities in control of the property or employer ___________________________________________________________________ 13 in control of the property has posted conspicuous notice that ___________________________________________________________________ 14 carrying a concealed handgun is prohibited in or on the place or ___________________________________________________________________ 15 premises or has made a request, directly or through an authorized ___________________________________________________________________ 16 representative or management personnel, that the permitholder ___________________________________________________________________ 17 remove the concealed handgun from the place or premises. A ___________________________________________________________________ 18 permitholder carrying a concealed handgun in a vehicle into or onto ___________________________________________________________________ 19 any place or premises does not violate this section so long as the ___________________________________________________________________ 20 handgun is not removed from the vehicle while the vehicle is in or ___________________________________________________________________ 21 on the place or premises. An employer may prohibit employees or ___________________________________________________________________ 22 other persons who are permitholders from carrying concealed ___________________________________________________________________ 23 handguns in vehicles owned by the employer. ___________________________________________ 24 (3) A permitholder shall not carry a concealed handgun _________________________________________________________ 25 while he or she is consuming alcohol or while the permitholder has ___________________________________________________________________ 26 remaining in his or her blood, urine, or breath any previously ___________________________________________________________________ 27 consumed alcohol or any controlled substance as defined in section ___________________________________________________________________ 28 28-401. A permitholder does not violate this subsection if the ___________________________________________________________________ -12- LB454 LB 454 1 controlled substance in his or her blood, urine, or breath was ___________________________________________________________________ 2 lawfully obtained and was taken in therapeutically prescribed ___________________________________________________________________ 3 amounts. ________ 4 Sec. 16. Any time the discharge of a handgun carried by _______________________________________________ 5 a permitholder pursuant to the Concealed Handgun Permit Act results ___________________________________________________________________ 6 in injury to a person or damage to property, the permitholder shall ___________________________________________________________________ 7 make a report of such incident to the Nebraska State Patrol on a ___________________________________________________________________ 8 form designed and distributed by the Nebraska State Patrol. The ___________________________________________________________________ 9 information from the report shall be maintained as provided in ___________________________________________________________________ 10 section 15 of this act. _______________________ 11 Sec. 17. (1) A permitholder who violates subsection (1) _______________________________________________ 12 or (2) of section 11 of this act or section 12 or 13 of this act is ___________________________________________________________________ 13 guilty of a Class III misdemeanor for the first violation and a ___________________________________________________________________ 14 Class I misdemeanor for any second or subsequent violation. ___________________________________________________________ 15 (2) A permitholder who violates subsection (3) of section _________________________________________________________ 16 11 of this act is guilty of a Class I misdemeanor. __________________________________________________ 17 (3) A permitholder who violates this section shall also _________________________________________________________ 18 be subject to revocation of his or her permit under section 13 of ___________________________________________________________________ 19 this act. _________ 20 Sec. 18. The Nebraska State Patrol shall maintain a ______________________________________________ 21 listing of all applicants and permitholders and any pertinent ___________________________________________________________________ 22 information regarding such applicants and permitholders. The ___________________________________________________________________ 23 information shall be available upon request to all federal, state, ___________________________________________________________________ 24 and local law enforcement agencies. Information relating to an ___________________________________________________________________ 25 applicant or to a permitholder received or maintained pursuant to ___________________________________________________________________ 26 the Concealed Handgun Permit Act by the Nebraska State Patrol or ___________________________________________________________________ 27 any other law enforcement agency is confidential and shall not be ___________________________________________________________________ 28 considered a public record within the meaning of sections 84-712 to ___________________________________________________________________ -13- LB454 LB 454 1 84-712.09. __________ 2 Sec. 19. Nothing in the Concealed Handgun Permit Act ____________________________________________ 3 prevents a person from carrying a concealed weapon as permitted ___________________________________________________________________ 4 under section 28-1202. ______________________ 5 Sec. 20. The Nebraska State Patrol may adopt and ____________________________________________ 6 promulgate rules and regulations to carry out the Concealed Handgun ___________________________________________________________________ 7 Permit Act. ___________ 8 Sec. 21. (1) A county sheriff, a county attorney, or the _______________________________________________ 9 Attorney General, as appropriate, shall notify the Department of ___________________________________________________________________ 10 Motor Vehicles that a permit to carry a concealed handgun has been ___________________________________________________________________ 11 issued, returned, revoked, or expired within ten days after such ___________________________________________________________________ 12 issuance, return, revocation, or expiration. Such notice shall ___________________________________________________________________ 13 include the applicant's name, the applicant's motor vehicle ___________________________________________________________________ 14 operator's license number or state identification card number, and ___________________________________________________________________ 15 the dates of issuance and expiration. When a permit is issued, the ___________________________________________________________________ 16 notice shall include a copy of the permit along with a copy of the ___________________________________________________________________ 17 permitholder's approved application. When a permit is revoked or ___________________________________________________________________ 18 returned, the notice shall include the date of revocation or date ___________________________________________________________________ 19 of return instead of the date of expiration. ____________________________________________ 20 (2) Upon receipt of notice from a county sheriff, a _________________________________________________________ 21 county attorney, or the Attorney General that a permit to carry a ___________________________________________________________________ 22 concealed handgun has been issued, returned, revoked, or expired, ___________________________________________________________________ 23 the department shall amend the permitholder's record provided for ___________________________________________________________________ 24 in section 60-483 to show the status of the permitholder's permit. __________________________________________________________________ 25 Sec. 22. Section 28-1202, Reissue Revised Statutes of 26 Nebraska, is amended to read: 27 28-1202. (1)(a) Except as otherwise provided in ___ _________ 28 subsection (2) of this section, any person who carries a weapon or —————————— ——— —— -14- LB454 LB 454 1 weapons concealed on or about his or her person such as a revolver, 2 pistol, bowie knife, dirk or knife with a dirk blade attachment, 3 brass or iron knuckles, or any other deadly weapon commits the 4 offense of carrying a concealed weapon. 5 (2) (b) It shall be is an affirmative defense that the ——— ___ ————— —— __ 6 defendant was engaged in any lawful business, calling, or 7 employment at the time he or she was carrying any weapon or weapons 8 and the circumstances in which such person was placed at the time 9 were such as to justify a prudent person in carrying the weapon or 10 weapons for the defense of his or her person, property, or family. 11 (2) This section does not apply to a person who is the _________________________________________________________ 12 holder of a valid permit issued under the Concealed Handgun Permit ___________________________________________________________________ 13 Act if the concealed weapon the defendant is carrying is a handgun ___________________________________________________________________ 14 as defined in section 3 of this act. ____________________________________ 15 (3) Carrying a concealed weapon is a Class I misdemeanor. 16 (4) In the case of a second or subsequent conviction 17 under this section, carrying a concealed weapon is a Class IV 18 felony. 19 Sec. 23. This act becomes operative on January 1, 2006. 20 Sec. 24. If any section in this act or any part of any 21 section is declared invalid or unconstitutional, the declaration 22 shall not affect the validity or constitutionality of the remaining 23 portions. 24 Sec. 25. Original section 28-1202, Reissue Revised 25 Statutes of Nebraska, is repealed. -15- |
|
Good thing I have no life - It took forever to do, but I cleaned that up so it's actually able to be read. LB454 LB 454 LEGISLATURE OF NEBRASKA NINETY-NINTH LEGISLATURE FIRSTSESSION LEGISLATIVE BILL 454 Introduced by Combs, 32; Aguilar, 35; Baker, 44; Cornett, 45; Cudaback, 36; Cunningham, 40; Erdman, 47; Fischer, 43; Flood, 19; Friend, 10; Hudkins, 21; Janssen, 15; Jensen, 20; Kremer, 34; Langemeier, 23; McDonald, 41; Pahls, 31; Dw. Pedersen, 39; Redfield, 12; Schrock, 38; Smith, 48; Stuhr, 24; Wehrbein,2 Read first time January 13, 2005 Committee: ABILL FOR AN ACT relating to handguns; to amend section 28-1202, Reissue Revised Statutes of Nebraska; to adopt the Concealed Handgun Permit Act; to provide penalties; to harmonize provisions; to provide an operative date; to provide severability; and to repeal the original section. Be it enacted by the people of the State of Nebraska, -1- LB454 LB 454 Section 1. Sections 1 to 21 of this act shall be known and may be cited as the Concealed Handgun Permit Act. Sec. 2. An individual may obtain a permit to carry a concealed handgun in accordance with the Concealed Handgun Permit Act. Sec. 3. For purposes of the Concealed Handgun Permit Act: (1) Concealed handgun means the handgun is totally hidden from view. If any part of the handgun is capable of being seen, it is not a concealed handgun; (2) Emergency services personnel means a volunteer or paid firefighter or rescue squad member or a person certified to provide emergency medical services pursuant to the Emergency Medical Services Act; (3) Handgun means any firearm with a barrel less than sixteen inches in length or any firearm designed to be held and fired by the use of a single hand; (4) Peace officer means any town marshal, chief of police or local police officer, sheriff or deputy sheriff, the Superintendent of Law Enforcement and Public Safety, any officer of the Nebraska State Patrol, any member of the National Guard on active service by direction of the Governor during periods of emergency or civil disorder, any Game and Parks Commission conservation officer, and all other persons with similar authority to make arrests; (5) Permitholder means an individual holding a current and valid permit to carry a concealed handgun issued pursuant to the act; and (6) Proof of training means an original document or certified copy of a document, supplied by an applicant, that certifies that he or she either: (a) Within the previous three years, has successfully completed a handgun training and safety course approved by the Nebraska State Patrol pursuant to section 6 of this act; or (b) Is a member of the active or reserve armed forces of the United States or a member of the National Guard and has had handgun training within the previous three years. Sec. 4. (1) Application for a permit to carry a concealed handgun shall be made in person at the office of the sheriff of the county in which the applicant resides. The applicant shall present a current Nebraska motor vehicle operator's license, Nebraska-issued state identification card, or military identification card and shall submit two legible sets of fingerprints for a criminal history record information check pursuant to section 5 of this act. The application shall be made on a form prescribed by the Superintendent of Law Enforcement and Public Safety. The application shall state the applicant's full name, social security number, address, and date of birth and contain a statement that the information on the application is true and correct, a statement that the applicant understands the use of lawful force for the protection of himself or herself, his or family, and his or her property, and the applicant's signature and shall include space for the applicant to affirm that he or she meets each and every one of the requirements set forth in section 7 of this act. (2) A person applying for a permit to carry a concealed handgun who gives false information or offers false evidence of his or her identity is guilty of a Class IV felony. (3) The permit to carry a concealed handgun shall issued by the county sheriff within five business days completion of the applicant's criminal history record check, if the applicant has complied with this section and has met all the requirements of section 7 of this act. (4) The county sheriff shall maintain a listing of all applicants and permitholders. (5) An applicant denied a permit to carry a concealed handgun may appeal to the district court of the judicial district of the county in which he or she applied for the permit pursuant to the Administrative Procedure Act Sec. 5. In order to insure an applicant's initial compliance with sections 4 and 7 of this act, the applicant for a permit to carry a concealed handgun shall be subject to fingerprinting by the county sheriff and a check of his or criminal history record information maintained by the Federal Bureau of Investigation through the Nebraska State Patrol. The criminal history record information check under the act is initial compliance only Sec. 6. (1) The Nebraska State Patrol shall prepare and publish minimum training and safety requirements for and adopt and promulgate rules and regulations governing handgun training and safety courses and handgun training and safety course instructors. Minimum safety and training requirements for a handgun training and safety course shall include, but not be limited to (a) Knowledge and safe handling of a handgun; (b) Knowledge and safe handling of handgun ammunition; (c) Safe handgun shooting fundamentals; (d) A demonstration of competency with a handgun with respect to the minimum safety and training requirements (e) Knowledge of federal, state, and local laws pertaining to the purchase, ownership, transportation, and possession of handguns; (f) Knowledge of federal, state, and local laws pertaining to the use of a handgun, including, but not limited to, use of a handgun for self-defense and laws relating to justifiable homicide and the various degrees of assault; (g) Knowledge of ways to avoid a criminal attack and to defuse or control a violent confrontation; and (h) Knowledge of proper storage practices for handguns and ammunition, including storage practices which would reduce the possibility of accidental injury to a child. (2) A person or entity conducting a handgun training and safety course and the course instructors shall be approved by the patrol before operation. The patrol shall issue a certificate evidencing its approval. (3) A certificate of completion of a handgun training and safety course shall be issued by the person or entity conducting a handgun training and safety course to persons successfully completing the course. The certificate of completion shall also include certification from the instructor that the person completing the course does not suffer from a readily discernible physical infirmity that prevents the person from safely handling (4) Any fee for participation in a handgun training and safety course is the responsibility of the applicant. Sec. 7. An applicant shall: (a) Be at least twenty-one years of age; (b) Not be prohibited from purchasing or possessing a handgun by 18 U.S.C. 922, as such section existed on January 1, 7 2005; (c) Possess the same powers of eyesight as required under Section 60-4,118 for a Class O operator's license. If an applicant does not possess a current Nebraska motor vehicle operator's license, he or she shall demonstrate such powers of eyesight at the office of the county sheriff when applying for a permit to carry a concealed handgun; (d) Not have pled guilty to, not have pled nolo contendere to, or been convicted of a felony or a crime of violence; (e) Not habitually be in an intoxicated or drugged condition; (f) Have no history of violence; (g) Not have been found in the previous five years to be a mentally ill dangerous person under the Nebraska Mental Health Commitment Act or a similar law of another jurisdiction or is not currently adjudged mentally incompetent; (h) Have been a resident for at least one hundred eighty days of the county where the application is being made. For purposes of this section, resident does not include an applicant who maintains a residence in another state and claims that residence for voting or tax purposes; (i) Have had no violations of any law of this state relating to firearms, unlawful use of a weapon, or controlled substances or of any similar laws of another jurisdiction in the five years preceding the date of application; (j) Not be on parole, probation, house arrest, or work release; (k) Be a citizen of the United States; (l) Not be under investigation for an offense which would prohibit him or her from obtaining a permit to carry a concealed handgun under this section at the time he or she is applying for such a permit; and (m) Provide proof of training. Sec. 8. The design and form of the permit to carry a concealed handgun shall be prescribed by the Superintendent of Law Enforcement and Public Safety. The permit shall list the permitholder's name, the permitholder's address, and expiration date of the permit and contain a photograph of the permitholder. Sec. 9. A permitholder shall continue to meet the requirements of section 7 of this act during the time he or she holds the permit. If, during such time, a permitholder does not continue to meet one or more of the requirements, the permitholder shall return his or her permit to any county sheriff for revocation. If a permitholder does not return his or her permit, the permitholder is subject to having his or her permit revoked under section 13 of this act. Sec. 10. (1) A permit to carry a concealed handgun is valid throughout the state for a period of five years after the date of issuance. The fee for issuing a permit is one hundred dollars. (2) The sheriff may renew a person's permit to carry a concealed handgun for a renewal period of five years, subject to continuing compliance with the requirements of section 7 of this act. The renewal fee is fifty dollars, and renewal may be applied for up to four months before expiration of a permit to carry a concealed handgun. (3) The sheriff shall collect the fee. One-half of the fee shall be remitted to the county treasurer for deposit in the general fund of the county, and one-half of the fee shall be remitted to the State Treasurer. The State Treasurer shall credit to the Nebraska State Patrol Cash Fund an amount equal to the cost of the criminal history record information check pursuant to section 5 of this act. The remaining amount shall be credited to the General Fund. Sec. 11. A permit to carry a concealed handgun shall be issued to a specific individual only and shall not be transferred from one person to another. Sec. 12. A sheriff who issues a permit under the Concealed Handgun Permit Act is not civilly liable to any injured person or his or her estate for any injury suffered, including any action for wrongful death or property damage suffered, relating to the issuance or revocation of the permit. Sec. 13. (1) Any peace officer having probable cause that a permitholder is no longer in compliance with one or more requirements of section 7 of this act shall bring an application for revocation of the permit to be prosecuted as provided in subsection (2) of this section. (2) It is the duty of the county attorney or his or her deputy of the county in which such permitholder resides to prosecute a case for the revocation of a permit to carry a concealed handgun brought pursuant to subsection (1) of this section. In case the county attorney refuses or is unable to prosecute the case, the duty to prosecute shall be upon the Attorney General or his or her assistant. (3) The case shall be prosecuted as a civil case, and the permit shall be revoked upon a showing by a preponderance of the evidence that the permitholder does not meet one or more of the requirements of section 6 of this act. (4) A person who has his or her permit revoked under this section may be fined up to one thousand dollars and shall be charged with the costs of the prosecution. The money collected under this subsection as an administrative fine shall be remitted to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska. Sec. 14. (1) A permitholder shall carry his or her permit to carry a concealed handgun and his or her Nebraska driver's license, Nebraska-issued state identification card, or military identification card any time he or she carries a concealed handgun. The permitholder shall display both the permit to carry a concealed handgun and his or her Nebraska motor vehicle operator's license, Nebraska-issued state identification card, or military identification card when asked to do so by a peace officer or by emergency services personnel. (2) Whenever a permitholder who is carrying a concealed handgun is contacted by a peace officer or by emergency services personnel, the permitholder shall immediately inform the peace officer or emergency services personnel that the permitholder is carrying a concealed handgun. (3)(a) During contact with a permitholder, a peace officer or emergency services personnel may secure the handgun or direct that it be secured during the duration of the contact if the peace officer or emergency services personnel determines that it is necessary for the safety of any person present, including the peace officer or emergency services personnel. The permitholder shall submit to the order to secure the handgun. (b)(i) When the peace officer has determined that the permitholder is not a threat to the safety of any person present, including the peace officer, and the permitholder has not committed any other violation that would result in his or her arrest or the suspension or revocation or his or her permit, the peace officer shall return the handgun to the permitholder before releasing the permitholder from the scene and breaking contact. (ii) When emergency services personnel have determinedthat the permitholder is not a threat to the safety of any person present, including emergency services personnel, and if the permitholder is physically and mentally capable of possessing the handgun, the emergency services personnel shall return the handgun to the permitholder before releasing the permitholder from the scene and breaking contact. If the permitholder is transported for treatment to another location, the handgun shall be turned over to any peace officer. The peace officer shall provide a receipt which includes the make, model, caliber, and serial number of the handgun. (4) For purposes of this section, contact with a peace officer means any time a peace officer personally stops, detains, questions, or addresses a permitholder for an official purpose or in the course of his or her official duties, and contact with emergency services personnel means any time emergency services personnel provide treatment to a permitholder in the course of their official duties. Sec. 15. (1)(a) A permitholder may carry a concealed handgun anywhere in Nebraska, except any: Police, sheriff, or Nebraska State Patrol station or office; detention facility, prison, or jail; courtroom or building which contains a courtroom; polling place during a bona fide election; meeting of the governing body of a county, public school district, municipality, or other political subdivision; meeting of the Legislature or a committee of the Legislature; financial institution; professional, semiprofessional, or collegiate athletic event; school, school grounds, school-owned vehicle, or school-sponsored activity or athletic event; place of worship; emergency room or trauma center; political rally or fundraiser; establishment having a license issued under the Nebraska Liquor Control Act that derives over one-half of its total income from the sale of alcoholic liquor; place where the possession or carrying of a firearm is prohibited by state or federal law; a place or premises where the person, persons, entity, or entities in control of the property or employer in control of the property has prohibited permitholders from carrying concealed handguns into or onto the place or premises; or into or onto any other place or premises where handguns are prohibited by law or rule or regulation. (b) A financial institution may authorize its security personnel to carry concealed handguns in the financial institution while on duty so long as each member of the security personnel, as authorized, is in compliance with the Concealed Handgun Permit Act and possesses a permit to carry a concealed handgun issued pursuant to the act. (2) If a person, persons, entity, or entities in control of the property or an employer in control of the property prohibits a permitholder from carrying a concealed handgun into or onto the place or premises and such place or premise are open to the public, a permitholder does not violate this section unless the person, persons, entity, or entities in control of the property or employer in control of the property has posted conspicuous notice that carrying a concealed handgun is prohibited in or on the place or premises or has made a request, directly or through an authorized representative or management personnel, that the permitholder remove the concealed handgun from the place or premises. A permitholder carrying a concealed handgun in a vehicle into or onto any place or premises does not violate this section so long as the handgun is not removed from the vehicle while the vehicle is in or on the place or premises. An employer may prohibit employees or other persons who are permitholders from carrying concealed handguns in vehicles owned by the employer. (3)A permitholder shall not carry a concealed handgun while he or she is consuming alcohol or while the permitholder has remaining in his or her blood, urine, or breath any previously consumed alcohol or any controlled substance as defined in section 28-401. A permitholder does not violate this subsection if the controlled substance in his or her blood, urine, or breath was lawfully obtained and was taken in therapeutically prescribed amounts. Sec. 16. Any time the discharge of a handgun carried by a permitholder pursuant to the Concealed Handgun Permit Act results in injury to a person or damage to property, the permitholder shall make a report of such incident to the Nebraska State Patrol on a form designed and distributed by the Nebraska State Patrol. The information from the report shall be maintained as provided in section 15 of this act. Sec. 17. (1) A permitholder who violates subsection (1) or (2) of section 11 of this act or section 12 or 13 of this act is guilty of a Class III misdemeanor for the first violation and a Class I misdemeanor for any second or subsequent violation. (2) A permitholder who violates subsection (3) of section 11 of this act is guilty of a Class I misdemeanor. (3) A permitholder who violates this section shall also be subject to revocation of his or her permit under section 13 of this act. Sec. 18. The Nebraska State Patrol shall maintain a listing of all applicants and permitholders and any pertinent information regarding such applicants and permitholders. The information shall be available upon request to all federal, state, and local law enforcement agencies. Information relating to an applicant or to a permitholder received or maintained pursuant to the Concealed Handgun Permit Act by the Nebraska State Patrol or any other law enforcement agency is confidential and shall not be considered a public record within the meaning of sections 84-712 to 84-712.09. Sec. 19. Nothing in the Concealed Handgun Permit Act prevents a person from carrying a concealed weapon as permitted under section 28-1202. Sec. 20. The Nebraska State Patrol may adopt and promulgate rules and regulations to carry out the Concealed Handgun Permit Act. Sec. 21. (1) A county sheriff, a county attorney, or the Attorney General, as appropriate, shall notify the Department of Motor Vehicles that a permit to carry a concealed handgun has been issued, returned, revoked, or expired within ten days after such issuance, return, revocation, or expiration. Such notice shall include the applicant's name, the applicant's motor vehicle operator's license number or state identification card number, and the dates of issuance and expiration. When a permit is issued, the notice shall include a copy of the permit along with a copy of the permitholder's approved application. When a permit is revoked or returned, the notice shall include the date of revocation or date of return instead of the date of expiration. (2) Upon receipt of notice from a county sheriff, a county attorney, or the Attorney General that a permit to carry a concealed handgun has been issued, returned, revoked, or expired, the department shall amend the permitholder's record provided for in section 60-483 to show the status of the permitholder's permit Sec. 22. Section 28-1202, Reissue Revised Statutes of Nebraska, is amended to read: 28-1202. (1)(a) Except as otherwise provided subsection (2) of this section, any person who carries a weapon or weapons concealed on or about his or her person such as a revolver, pistol, bowie knife, dirk or knife with a dirk blade attachment, brass or iron knuckles, or any other deadly weapon commits the offense of carrying a concealed weapon. (2) (b) It shall be is an affirmative defense that defendant was engaged in any lawful business, calling, or employment at the time he or she was carrying any weapon or weapons and the circumstances in which such person was placed at the time were such as to justify a prudent person in carrying the weapon or weapons for the defense of his or her person, property, or family. (2) This section does not apply to a person who is the holder of a valid permit issued under the Concealed Handgun Permit Act if the concealed weapon the defendant is carrying is a handgun as defined in section 3 of this act (3) Carrying a concealed weapon is a Class I misdemeanor. (4) In the case of a second or subsequent conviction under this section, carrying a concealed weapon is a Class IV felony. Sec. 23. This act becomes operative on January 1, 2006. Sec. 24. If any section in this act or any part of any section is declared invalid or unconstitutional, the declaration shall not affect the validity or constitutionality of the remaining portions. Sec. 25. Original section 28-1202, Reissue Revised Statutes of Nebraska, is repealed. |
what state will let you do this i can thnk of one i had one when i lived in wasington state and it was the same way. so the way i look at it is its better than what we have and the way im reading it not that bad . but thats just me
|
| I don't think so. When I was in Georgia, all it took to get a permit was like a $30-something fee, fingerprints, and a background check. Other states which required training ad other stuff accepted Georgia's permit, and Georgia accepted several states' permits. |