Author Topic: Carrying a gun in public? (Read 8376 times)

Susie71 · « **on:** October 20, 2013, 06:44:30 PM »

I just want to know what the laws are regarding a persons right to carry a handgun outside of their home for a brief time, if they don't have a Concealed Carry Permit? If they can't legally conceal it, doesn't it HAVE to be visible?

HuskerXDM · « **Reply #1 on:** October 20, 2013, 06:51:25 PM »

Some of it depends on where you are when you go outside...

Susie71 · « **Reply #2 on:** October 20, 2013, 06:52:58 PM »

Downstairs at the apartment to show the neighbor/friend something about it.

pfinn · « **Reply #3 on:** October 20, 2013, 06:54:17 PM »

Where are you located?

I ask because it depends on the city. Generally there are no laws prohibiting it. If you do not have a CHP, then it must be visible.

Susie71 · « **Reply #4 on:** October 20, 2013, 06:58:56 PM »

Lincoln. I ended up with a disturbing the peace ticket, because apparently I/it frightened the neighbors. I can understand that if I was waving it around and acting crazy, but I wasn't.

pfinn · « **Reply #5 on:** October 20, 2013, 07:07:34 PM »

No specific law against it, but Disturbing the Peace is when you are "Exhibiting threatening or violent conduct" toward somebody (among other things). Long story short, depends on the circumstances of the event.

Susie71 · « **Reply #6 on:** October 20, 2013, 07:28:30 PM »

I really wasn't doing anything regarding the people who called. I took it straight downstairs. I was talking with my neighbor about it, not them. I didn't say or do anything that involved them. All I can say is that I have no intention of taking this sitting down. I refuse to just accept this charge. I will not say that I'm guilty, because I'm not.

Susie71 · « **Reply #7 on:** October 20, 2013, 07:29:22 PM »

People just tend to freak out these days, over things that they should just stay out of altogether.

bkoenig · « **Reply #8 on:** October 20, 2013, 07:40:31 PM »

Sounds like you need to be talking to a lawyer. I would not post any more on here regarding this without legal counsel.

Susie71 · « **Reply #9 on:** October 20, 2013, 08:36:10 PM »

Okay. Thank you.

AWick · « **Reply #10 on:** October 20, 2013, 09:03:28 PM »

Quote from: bkoenig on October 20, 2013, 07:40:31 PM

Sounds like you need to be talking to a lawyer. I would not post any more on here regarding this without legal counsel.

+100

Also, no posting about this situation on any social media what so ever! Remember, anything you say or do can (WILL) be used against you...

Good luck! We hope that it works out in your (our) favor! I say our because we as gun owners are a family, albeit disfuntional at times, but a family camaraderie none-the-less...

Gary · « **Reply #11 on:** October 21, 2013, 12:59:52 AM »

Quote from: Susie71 on October 20, 2013, 06:58:56 PM

Lincoln. I ended up with a disturbing the peace ticket, because apparently I/it frightened the neighbors. I can understand that if I was waving it around and acting crazy, but I wasn't.

If it got a dispatch call, that is enough to get a disturbing the peace ticket, in many cases.

If you were walking around your apartment complex, showing other tenants your gun, show n tell, I could see how no good could come of that.

I would erase your posts, get a good gun lawyer, and remember this a lesson learned.

JTH · « **Reply #12 on:** October 21, 2013, 10:45:51 AM »

Quote from: Gary on October 21, 2013, 12:59:52 AM

If it got a dispatch call, that is enough to get a disturbing the peace ticket, in many cases.

No. Not even close.

Quote

If you were walking around your apartment complex, showing other tenants your gun, show n tell, I could see how no good could come of that.

That rather depends on if they asked to see it in the first place. If, on the other hand, a number of people see you walking past them with a gun in your hand, that is going to be more problematic.

Quote

I would erase your posts, get a good gun lawyer, and remember this a lesson learned.

I would agree with the lawyer part. Erasing the posts? Not really necessary yet, but I certainly wouldn't say any more about this until the court case is over. Don't give more details, don't talk about what happened any more---and get yourself a lawyer.

As for "lesson learned" -- I'd suggest that the next time you take a gun to show someone, leave it in its case until you reach the person.

Dan W · « **Reply #13 on:** October 21, 2013, 11:58:31 AM »

Quote from: jthhapkido on October 21, 2013, 10:45:51 AM

As for "lesson learned" -- I'd suggest that the next time you take a gun to show someone, leave it in its case until you reach the person.

I think Susie was concerned that doing so would be "carrying a concealed handgun" and did not want to break the law by doing so. Open carry is our only recourse when a valid CHP is not in one's possession

JTH · « **Reply #14 on:** October 21, 2013, 01:53:42 PM »

Quote from: Dan W on October 21, 2013, 11:58:31 AM

I think Susie was concerned that doing so would be "carrying a concealed handgun" and did not want to break the law by doing so. Open carry is our only recourse when a valid CHP is not in one's possession

Having an unloaded firearm in a case when going from one place where it is legal to another where it is legal is not carrying a concealed weapon---because if it is, everyone walking into a gun shop without a CCW permit would be in violation of the law.

Or into any gun range, public or private. Or taking it to a gun show. Or giving it to someone as a present. Or taking it from Cabelas where you bought it. Or selling it to someone else, where they walk off with it.

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.

greg58 · « **Reply #15 on:** October 21, 2013, 04:04:03 PM »

So does anyone know a good firearm attorney?
Perhaps we could recommend them to this person.

Greg58

Dan W · « **Reply #16 on:** October 21, 2013, 07:10:26 PM »

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.

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 · « **Reply #17 on:** October 21, 2013, 08:28:05 PM »

Quote

So does anyone know a good firearms attorney?

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 · « **Reply #18 on:** October 22, 2013, 06:01:26 AM »

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.

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.

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 · « **Reply #19 on:** October 22, 2013, 10:33:59 AM »

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?

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?

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.