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Four Questions about Legal Concealed Carry
melbell:
Let me apologize in advance for this long post.
I am a concealed carry permit holder and there are a few things I want to clarify now that I'm out in the big ol' world with my gun.
Question 1: Clarity on interaction with Public Service Personel.
The regulation on the Nebraska State Patrol website state the following:
"A permit holder carrying a concealed handgun who is officially contacted by any peace officer or emergency services personnel must immediately inform the peace officer or emergency service personnel of the concealed handgun unless physically unable to do so."
Am I correct in assuming that this means if I'm carrying at the time of said interaction (for example if I get pulled over on my way to work, where I do not typically carry) then I am no required by law to inform the officer that I am a permit holder? I know that it's a good idea to do so, but am I required to if I am not carrying my firearm at the time of the interaction?
My second question also stems from the above regulation. How do you define "offically contacted"? Does this mean only if the officer contacts me regarding police business? For example, if I'm shopping in a grocery store that doesn't have a "no gun" sign posted and there's a police officer in the salad dressing aisle with me, do I have to tell him I'm carrying? I would assume not since there's not even any interaction with him/her. But a friend took his family to the movies, and there was a uniformed officer tearing tickets (Why? I'll never know) and he wasn't sure if the brief encounter (handing him the movie ticket, nodding hello, and taking the ticket stub back from him) was grounds for informing the officer that he was carrying. In this encounter he did directly interact with the officer and even speak to him. Is this a time when notification of legal concealed carry is necessary?
My third question is regarding the list of prohibited places for concealed carry from the state regulations. The regulation from the Nebraska State Patrol includes the following:
"School, school grounds, school-owned vehicle, or school sponsored activity or athletic event;".
Does this include Day Care?
Ok, my fourth and final question, is where can I find the Federal Regulations for where you are prohibited by FEDERAL law from carrying? I tried to find it on the ATF website but I had no luck. In the Nebraska regulation it says "Any other place or premises where handguns are prohibited by law or rule or regulation." I took this to mean there might some Federal restrictions as well. Any idea where I can find those online?
armed and humorous:
Melbell:
If you are carrying, and the contact is made in an official capacity, you have to notify the official of your status. If an officer or emt just says hello to you in the aisle, you don't have to tell them anything. If you are not carrying at the time, you don't have to tell them you have a permit, regardless.
In my interpretation, a day care is not a school. However, I've seen some of them posted (which also seems to confirm that they are not included in the statutory prohibitions against carrying at a school).
You must have a computer, or you wouldn't be posting here. Google "federal restrictions on firearms" or something to that effect. You'll find all kinds of information. Wikipedia is good, as is the NRA-ILA web site.
There are probably plenty of people on the forum here who could answer specific questions if you post them as you did these.
Good luck :D!
melbell:
--- Quote from: armed and humorous on August 11, 2009, 05:22:57 PM ---You must have a computer, or you wouldn't be posting here. Google "federal restrictions on firearms" or something to that effect. You'll find all kinds of information. Wikipedia is good, as is the NRA-ILA web site.
--- End quote ---
Well, I did do a search, and as you say I did find a TON of resources. But I couldn't find the OFFICIAL regulations/laws/whatever. I don't trust this to an unofficial source. I want it straight from the horse's mouth...so to speak.
Thanks for the answers to the questions, though. Your explanations confirm what I already guessed was true.
armed and humorous:
I understand completely what you mean about "the horse's mouth" as I, too, don't like to trust other's interpretations in matters like these. On the other hand, I've often found that the horse's mouth doesn't speak my language (or anyone else's). Federal law is, for the most part, no different from state or local law. That is, it is written by people with an intent, but they fail to convey that intent with enough clarity that anyone, or everyone, can understand just exactly what it means. More often than not, it comes down to the interpretation of law enforcement officers, prosecuting attorneys, judges, and juries, none of whom you can predict with certainty. Sucks, doesn't it?
Chances are good, that if you intend no one any harm, you will not be unfairly prosecuted for a violation of the law. Afterall, that is what the laws are intended to prevent: someone doing harm to someone else intentionally.
melbell:
--- Quote from: armed and humorous on August 11, 2009, 07:31:59 PM ---Chances are good, that if you intend no one any harm, you will not be unfairly prosecuted for a violation of the law. Afterall, that is what the laws are intended to prevent: someone doing harm to someone else intentionally.
--- End quote ---
So what you're saying is that I should be googling for a good lawyer rather than for a helpful government website?! ;)
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