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Comment on ccw laws the features listed below are

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Unformatted text preview: prohibits any person from knowingly carrying or transporting a concealable firearm in a motor vehicle (with several exceptions). Omaha has established a firearms safety training program and licensing scheme. If a person successfully completes the program, he or she will receive an “identification card” and be exempt from the concealable firearm prohibition. The identification card is valid for three years from the date of issue. Omaha prohibits any person under age 21 from possessing a concealable firearm. Nonresidents who exhibit firearms at a firearms exhibition in Omaha may legally possess concealable firearms at the exhibition site, and while in direct route to or from the exhibition, without registering them with local law enforcement. COMMENT ON CCW LAWS The features listed below are intended to provide a framework from which policy options may be considered and debated. LCAV has not attempted to include every provision or every creative approach identified in the analysis above, nor have we addressed appropriate exceptions so that the regulation does not produce unintended consequences. A jurisdiction considering modifying existing, or developing new legislation in this area should consult with counsel to ensure its legal sufficiency and compatibility with existing codes and statutes, as appropriate. 26 N.Y. Penal Law § 400.00(6). With some exceptions, no person may knowingly possess a firearm at a place that he or she knows or should know is a school zone. New York, N.Y., Charter § 460. 27 213 © Legal Community Against Violence 2008 LCAV believes that sound public policy requires a prohibition on carrying concealed weapons. However, the gun lobby has been successful in securing permissive CCW laws in all but two states, Illinois and Wisconsin. In states that permit carrying concealed weapons, LCAV notes that the following types of provisions would help to mitigate, but would not eliminate, the serious risks of permissive CCW laws to public health and safety: • • • • • • A license or permit to carry is required (46 states and the District of Columbia)28 Law enforcement has discretion to issue permits based on strict guidelines (12 states and the District of Columbia are “may issue” states; of these 13 jurisdictions, nine of them, Alabama, California, Delaware, Hawaii, Massachusetts, New Jersey, New York, Rhode Island and the District of Columbia, issue permits only for good cause to persons of good character) In addition to background checks, applicants are required to have safety training and to pass written and hands-on tests demonstrating knowledge of firearm laws and safety Permits are of limited duration and may be renewed only upon satisfaction of all conditions and testing, including background checks Permits are subject to revocation in cases where holder becomes a prohibited purchaser or fails to comply with applicable federal, state and local firearms laws Restrictions are placed on the locations where carrying concealed weapons is allowed (43 states and the District of Columbia) 28 Additional information on features of comprehensive licensing laws is contained in the section on Licensing of Gun Owners or Purchasers. 214 © Legal Community Against Violence 2008...
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