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2009 Nebraska Attorney General Reports and Opinions 1 (2009)

handle is hein.sag/sagne0009 and id is 1 raw text is: Auithority of local political sihdivisions to prohibit the carrying of concealed handgun- by permitholders, under the Concealed Handgun Permit Act SUBJECT: Authority of local political subdivisions to prohibit the carrying of concealed handguns by permitholders under the Concealed Handgun Permit Act REQUESTED BY: Senator Mark R. Christensen Nebraska State Legislature WRITTEN BY: Jon Bruning, Attorney General Charles E. Lowe, Assistant Attorney General Introduction In a letter to this office dated November 21, 2008, you have indicated that you are considering introducing legislation to address some questions which have arisen regarding the authority of local political subdivisions to exempt themselves from provisions of the Concealed Handgun Permit Act, Neb. Rev. Stat. § § 69-2427 through 69-2447 (Cum. Supp. 2006 and Supp. 2007) (sometimes referred to herein as the act). The act was passed by the Legislature during its session in 2006 and went into effect on January 1, 2007. Generally speaking, the Concealed Handgun Permit Act is designed so that citizens of Nebraska who meet certain training and other requirements may obtain permits allowing them to carry concealed handguns throughout the state except for certain specific locations and/or in certain specific situations. §§ 69 2428, 69-2433, 69-2432, 69-2433(10), 69-2436(1), 69-2441(1)(a). The act also sets forth regulatory measures relating to the carrying of concealed handguns by permitholders and provides penalties for violations of the act. §§ 69-2430 through 69-2432, 69-2435, 69-2439, 69-2440, 69- 2442 and 69-2443. The Nebraska State Patrol, as called for by the act, has issued rules and regulations intended to implement the law. §§ 69-2432(1), 69-2446; 272 NAC ch. 21. It is in this context that you ask for this office's legal opinion on three questions relating to the Concealed Handgun Permit Act and local political subdivisions, which we paraphrase as follows: 1. Does the language of the act preempt the authority of local political subdivisions to ban by ordinance the carrying of concealed handguns by permitholders within their jurisdictions? 2. Does the provision found in § 69-2441(1)(a) of the act that prohibits even permitholders from carrying concealed handguns into or onto any other place or premises where handguns are prohibited by law, rule or regulation grant local political

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