Confusion Over City Gun Laws Forces Police Department to Change Course

OMAHA, NE – The Omaha Police Department is reportedly rolling out a new policy regarding traffic stops in light of what department officials have observed as a misunderstanding among the general public between Nebraska’s permitless concealed carry law and the state’s duty to inform law.

Earlier in December, Omaha Police Executive Deputy Chief Scott Gray announced a new policy regarding traffic stops where officers will now directly ask drivers and vehicle occupants whether a firearm is present inside the vehicle. This policy move is reportedly in response to some misunderstandings between Nebraska’s duty to inform law and the 2023 legislation authorizing permitless concealed carry.

Nebraska is among the 12 states, alongside the District of Columbia, that have what are collectively known as "duty to inform" laws, which require individuals to disclose the presence of a firearm during law enforcement interactions. More specifically, in the case of Nebraska, the onus is on the vehicle occupants to disclose that information even if they are not prompted to do so by law enforcement during an encounter.

Without citing any specific cases, Omaha Police officials have said there have been “quite a few” incidents where otherwise lawfully carrying individuals have found themselves facing misdemeanor charges due to not understanding Nebraska’s duty to inform law in conjunction with the permitless concealed carry.

While Deputy Chief Gray declined to cite any particular incidents leading to the policy change, the updated policy does come after a contentious traffic stop this past September when Omaha Police ordered super middleweight boxing champion Terrence Crawford and his entourage out of a vehicle at gunpoint following a reckless driving stop where an officer “observed a firearm on the driver’s side floorboard,” according to a police press release at the time.

Omaha Mayor John Ewing Jr. has seemingly welcomed the policy update while speaking with reporters on December 8th, noting past conversations he had with police officials regarding the “confusion” pertaining to the standing duty to inform law.
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