Nebraska

[TEX]

Anyone know if there is a chance Nebraska will eventually offer a non-resdient license?

[LarryH]

Your guess is as good as anyone else's. However, I'd say there are many steps to go before Nebraska would do so.

[NcongruNt]

There is some movement in Nebraska to stop the insanity regarding their lack of preemption. The AG is on record stating that some of the local restrictions aren't legal, but the opinion itself is not legally binding. I would think that this is an indicator of support for preemption in general, and I'd be inclined to think that the problem may be addressed there sometime in the near future.

Keep in mind that Nebraska concealed carry is in its infancy still, and only came into existence in 2006. It appears that there are people working to improve the situation, but like anywhere else it's not going to happen overnight. Reciprocity is likely considerably further down the road, considering all the hurdles that need to be crossed regarding carry in general there. Right now Nebraska has reciprocity with no one, and non-resident licenses do not exist. I'd like to see that change as well, considering most of my extended family lives in Nebraska (and many in/around the areas that have the absolute bans).

[NcongruNt]

An update to the situation in Nebraska: Kearney has repealed its ban on concealed handguns, after considering the AG's recent opinion on preemption. Hopefully, other towns will follow suit.

http://nebraska.statepaper.com/vnews/di ... febd2b7010" onclick="window.open(this.href);return false;

Kearney Repeals Citywide Ban On Concealed Handguns

January 27, 2009

Acknowledging state law trumps a local ordinance, the Kearney City Council has repealed the city’s 51-year-old total ban on carrying concealed firearms.

The council’s 4-1 vote came in the wake of an opinion issued by Attorney General Jon Bruning which said cities and towns cannot effectively override a 2007 statute which allows qualified Nebraskans to carry concealed handguns.

Councilman Randy Buschkoetter cast the dissenting vote, the Kearney Hub reported.

If a city could make it illegal to have a concealed weapon anywhere within the community’s limits, Bruning noted, someone with a state-issued “carry permit” could be ticketed, even though they were in compliance with state law.

More than 4,700 Nebraskans had applied for and received carry permits, which are valid statewide, by the end of December, 2008.

Among other communities that have total bans on concealed firearms are: Beatrice, Bellevue, Columbus, Crawford, Hastings, Holdrege, La Vista, Lexington, Norfolk, North Platte, O'Neill, Plattsmouth, Scottsbluff, Seward, Sidney, South Sioux City, Wayne and York.

Bruning’s opinion surprised many lawmakers who had believed, and some still think they were right, that the state law allowed local governments the authority to opt out of its provisions – and ban concealed firearms, period.

Some communities have decided to keep their ordinances on the books, at least for awhile, or until the issue is officially settled by the courts.

“I believe such ordinances are void as a matter of law,” Bruning said shortly after the opinion was issued. “I think that, if brought before the Nebraska Supreme Court, they would be struck down as unconstitutional.”

“I’m hoping we can have conversations with them (the communities involved) and the league,” that would facilitate repeal of the ordinances,” he said. “I don’t want to end up having to spend money going to court when it shouldn’t be necessary to do that.”

The statute enumerates some specific places where guns cannot be carried; and any business has the right to bar handguns from its premises. It also bars permit holders from carrying guns when they have been drinking, or have any alcohol or controlled substance in their blood. Several communities have adopted standards more strict than those in state law, which is permissible. Bruning simply opined that a community cannot entirely ban those with state permits from carrying concealed weapons anywhere within the city or town limits.