By: Chris Zeeb

Updated November 10,2009

There seems to be a lot of confusion about the laws / requirements regarding how to legally carry a handgun in the city of Omaha, so I will do my best here to clear this issue up for everyone. First off I will put out the disclaimer that I am not an attorney, and I am not giving you professional legal advice. I am a Nebraska State Patrol certified Concealed Carry Instructor, and I have researched this issue extensively, and in the course of my research I have consulted with Omaha City Councilmen, Attorney's and the Omaha City Prosecutor. Often times a lot of confusion happens because a person asks a Police Officer what the law is. No disrespect towards Police Officers intended here, but lesson #1 is never ask a Police Officer to define a statute or other law for you. It is impossible for every Police Officer to know all the in's & out's of all the tens of thousands of laws on the books.

In the state of Nebraska there is no law regarding the "open carry" of handguns. In other words it is NOT ILLEGAL to carry a handgun, loaded or not, on your person or in your vehicle, AS LONG AS THE HANDGUN IS COMPLETELY VISIBLE.

In the City of Omaha however, there are TWO REQUIREMENTS that EVERYONE must abide by in order to carry a handgun in the city, whether it is CONCEALED OR OPEN CARRIED.

1) Any person carrying a handgun in the city of Omaha, must have on their person, proof of training.

2) Any person carrying a handgun in the city of Omaha, must have on their person, a registration card from the Omaha Police Division, proving that the specific handgun you are carrying has been registered with OPD.


PROOF OF TRAINING:
- If you have a Nebraska Concealed Handgun permit, this is valid as your proof of training.
- If you don't have a NE Concealed Handgun permit, you may get a "Handgun Training ID Card" from the Greater Omaha Safety & Health Council. In order to get this card, you must either take the Safety & Health Council training course, or if you take a NRA Basic Pistol course, you can take your NRA certificate to the Safety & Health Council to get the Handgun Training ID card.


TO REGISTER A HANDGUN WITH OPD:
There is a $10.00 fee to register a handgun. You must also bring the handgun and a satisfactory photo identification card to OPD Headquarters at 505 South 15th Street. Based on City Ordinance 20-253, the Police Department will issue you a registration card provided you meet the qualifications of the ordinance and there is nothing in your criminal history which would serve as cause to deny the registration.  *While this information is directly from OPD's website, it is also recommended that you take your handgun purchase permit, and if you have a receipt or proof of purchase for your handgun that will make things move smoother.

More information here:   http://www.opd.ci.omaha.ne.us/Services/GUN_REG/




"Well I don't live in Omaha, why do I have to register my handguns there?" There is a huge misconception amongst people who think that if they don't live in Omaha, the city ordinance does not apply to them, therefore they do not have to register their handguns. THIS IS FALSE!!! If you are going to carry a handgun in the city of Omaha, IT MUST BE REGISTERED THERE, whether you live in Omaha or not.

Let me present a logical comparison. In most cities, Omaha included, there is a City Ordinance against "engine braking". Just because a truck driver is from California and is passing through Omaha, does it mean that he can IGNORE the engine braking ordinance? OF COURSE NOT! Engine braking is a city ordinance that must be followed by everyone who enters the city, regardless of where they live.


One other related issue, is if you purchase a handgun from a dealer within the city of Omaha, the dealer cannot let you take possession of the handgun until you have gone down to Omaha Police Headquarters and registered the handgun.

I hope this helps clarify for everyone, what is required of you to legally carry a handgun in the city of Omaha. I don't personally agree with Omaha's extra requirements, and I view them as punishing law abiding gun owners.... However these are their laws and if you don't want to get into hot water I strongly recommend that you follow them.

UPDATED November 10,2009

LB 430 which was passed in the Legislature this year added Statute 18-703 to the books, by reading this any person with common sense would likely conclude that Omaha CANNOT require handgun registration for concealed carry permit holders, as that would be regulating ownership, possession and transportation. However, please be careful.... Omaha may not want to believe that this is the state law. The city of Omaha tends to think they have control over the state. Here is the new law:

18-1703. Ownership, possession, and transportation of concealed handguns; power of cities and villages; existing ordinance, permit, or regulation; null and void.

Cities and villages shall not have the power to regulate the ownership, possession, or transportation of a concealed handgun, as such ownership, possession, or transportation is authorized under the Concealed Handgun Permit Act, except as expressly provided by state law. Any existing city or village ordinance, permit, or regulation regulating the ownership, possession, or transportation of a concealed handgun, as such ownership, possession, or transportation is authorized under the act, is declared to be null and void as against any permitholder possessing a valid permit under the act.

Source

• Laws 2009, LB430, § 5.
Effective Date: August 30, 2009

Chris Zeeb
NE CCW Training (NE Firearms Training LLC)
www.neccwtraining.com
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