General Categories > Laws and Legislation
Carrying a gun in public?
greg58:
So does anyone know a good firearm attorney?
Perhaps we could recommend them to this person.
Greg58
Dan W:
--- Quote from: jthhapkido on October 21, 2013, 01:53:42 PM ---Transporting a cased, unloaded firearm from one place where you may legally have it to another place where you may legally have it, is legal.
--- End quote ---
Open carry is legal and yet here we are... I have no reason to believe that Lincoln police would not charge a person with the crime of carrying a concealed handgun without a permit if it suited their purposes, just as they would trump up false charges of disturbing the peace for legal open carry.
SemperFiGuy:
--- Quote ---So does anyone know a good firearms attorney?
--- End quote ---
I've pursued this question with three different attorneys who are firearms owners/users/etc. [In order to advise my concealed carry classes.]
They all said, "James Martin Davis." Without hesitation. Two from Omaha; one from Lincoln.
Other posters to this Forum have suggested that a Forum list be established of Nebraska attorneys who are competent and experienced in defending firearms cases.
A Very Good Idea That We Have Not Yet Implemented.
sfg
JTH:
--- Quote from: Dan W on October 21, 2013, 07:10:26 PM ---Open carry is legal and yet here we are... I have no reason to believe that Lincoln police would not charge a person with the crime of carrying a concealed handgun without a permit if it suited their purposes, just as they would trump up false charges of disturbing the peace for legal open carry.
--- End quote ---
I think---that those are pretty strong statements.
I also think that we don't know enough about this situation to comment much. (And Susie, don't reply to this with details, because you do NOT want to say anything unless your lawyer says it is okay---which he probably won't.)
If a person walks by others with a firearm in a holster, openly carrying, that is a significantly different situation than if a person walks by others carrying a gun in a firing grip. Yes? Technically both are open carry---and yet, one is something that could justifiably concern people who saw it, depending on the surrounding circumstances.
"just as they would trump up false charges of disturbing the peace for legal open carry" ---do we have any information or knowledge of prior occurrences of this happening?
Carrying a cased, unloaded firearm specifically from one place to another isn't CCW. Do you know of anyone in Nebraska who has been cited for illegal concealed carry for something like that?
While I'm personally not particularly thrilled with the attitude of LPD's admin folks regarding legal firearms (similarly with OPD), this is separate from making statements like the above---unless you know of cases where this has actually happened that I don't know about?
-----------------
By the way, Gary: If you are going to send me personal messages, don't block me from answering you in PM. If you ARE going to block answers in PM, then don't bother sending me harassing messages in the first place.
I'll just reply here:
--- Quote from: Gary on October 22, 2013, 12:57:51 AM ---Do me a favor, and argue with someone else.
--- End quote ---
Then stop saying things like this:
"If it got a dispatch call, that is enough to get a disturbing the peace ticket, in many cases."
...which is completely untrue.
Or do you have ANY support for that statement?
AAllen:
--- Quote from: jthhapkido on October 22, 2013, 06:01:26 AM ---"just as they would trump up false charges of disturbing the peace for legal open carry" ---do we have any information or knowledge of prior occurrences of this happening?
--- End quote ---
There have been other people that have had similar charges and issues that have contacted the Board for help. They have not publicly made statements so we will not publicize their issues, something I am certain you would agree with. But this is not a one of case in Lincoln, I wish it was.
--- Quote from: jthhapkido on October 22, 2013, 06:01:26 AM ---Carrying a cased, unloaded firearm specifically from one place to another isn't CCW. Do you know of anyone in Nebraska who has been cited for illegal concealed carry for something like that?
--- End quote ---
In Lincoln there have been several strange things charged for firearms "violations" and some even more difficult laws on the books. While Dan's comment may be an exaggeration it does sum up the frustration many have with Lincoln's firearms Ordinances and LPD.
The NFOA Board has had separate contact with "Suzie" and we have recommended a local attorney to her that may be able to assist her. Not every case dealing with firearms is necessarily a "Firearms" case, just so the person can have access to an attorney that is friendly to the issue of firearms they could be alright depending upon the issue. An example of one that was not friendly (I can not disclose the name) told a client to plead guilty because it was a gun issue he had to be guilty... The NFOA helped him find better representation and push the issue and charges were dropped. This person went from jail time to not even needing to appear in court, by getting representation that was not biased against firearms.
Lots of issues that come into choosing an attorney, finding the right one for what you are dealing with today can be difficult. I don't want a divorce attorney representing me on a criminal matter, but don't need to spend JMD money to draw up a revocable trust either.
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