General Categories > Carry Issues
by having CHP....am i bound to CHP rules while open carrying?
Dan W:
--- Quote from: 2550sx on January 06, 2014, 04:54:34 PM ---Carrying a concealed gun without a permit is a "Felony".
--- End quote ---
First offense is not a Felony...
--- Quote ---Nebraska Revised Statute 28-1202
Revised Statutes » Chapter 28 » 28-1202
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28-1202. Carrying concealed weapon; penalty; affirmative defense.
(1)(a) Except as otherwise provided in this section, any person who carries a weapon or weapons concealed on or about his or her person, such as a handgun, a knife, brass or iron knuckles, or any other deadly weapon, commits the offense of carrying a concealed weapon.
(b) It is an affirmative defense that the defendant was engaged in any lawful business, calling, or employment at the time he or she was carrying any weapon or weapons and the circumstances in which such person was placed at the time were such as to justify a prudent person in carrying the weapon or weapons for the defense of his or her person, property, or family.
(2) This section does not apply to a person who is the holder of a valid permit issued under the Concealed Handgun Permit Act if the concealed weapon the defendant is carrying is a handgun.
(3) Carrying a concealed weapon is a Class I misdemeanor.
(4) In the case of a second or subsequent conviction under this section, carrying a concealed weapon is a Class IV felony.
Source
Laws 1977, LB 38, § 234;
Laws 1984, LB 1095, § 1;
Laws 2006, LB 454, § 22;
Laws 2009, LB63, § 10.
--- End quote ---
AWick:
Let's not get into the judgement issue of having a beer and carrying, let's keep this on the legal side. We all know the law is zero tolerance while CONCEALED carry, the question posed is the possible legal aspects of a CHP holder either OPEN carrying or transporting a firearm while above 0.000 BAC. I've enjoyed what those before have wrote and discussed but want to keep the discussion on how this applies to CHP holders.
For example, I know lots of folks that have met up the night before a reunion-type hunt or day at the range and had several brewskies then got up at 0430 and went hunting. I guarantee they were above 0.000 BAC. In fact, back when I turned 21 I received my first pistol as a gift (Springfield GI 1911A1). That evening I went out and did what any college kid turning 21 would do... study... jk... well Anyways, the morning after, despite feeling slightly under the weather, a bunch of friends and I went out target shooting and I know we were probably still above 0.000 BAC. We weren't concealed carry, but we open carried in the woods and obviously transported the firearms to and from the woods. What limitations, if any, would a CHP holder have in this instance that legally could get him/her in hot water? If a person was hunting would there be NG&P rules that would then lead to a violation under the CHP laws?
Dan W:
All these questions and no way to answer them...it all will have to be hashed out in a court of law, because that is how these things are settled.
A fella with a CHP was arrested some time back for a very low BAC and a concealed handgun in his car at a rental unit doing some cleanup (IIRC) Don't know how that one turned out.
But really, if you find the CHP requirements to restrictive, you could forgo the permit and choose to carry under statute 28-1202 (quoted in another post above) and take your chances with the jury.. You know you will be prosecuted , but you may have an affirmative defense the judge will find reasonable...though having been drinking might make that bit tougher to sell
As for the home invasion scenario, that situation would not be a concealed carry situation. Even if you kept the handgun concealed from view, it is not a concealed weapon inside your home, or every gun you own and store in your home not in plain sight would be a concealed weapon, and that would be ludicrous!
I am not a lawyer, and I don't drink alcohol, ever, so maybe my view is not worth considering
AWick:
Dan - the mongoose - W :) (nice avatar update, btw)
Trying to look up different laws that I could find I think it definitely narrows down to a giant gray area. I'm sure that a lot of it is not technically "illegal" but one could definitely get themselves in trouble in a hurry. I personally don't feel that the CHP rules are too restrictive to the point of not getting a CHP, that's why I got mine. jFade is doing what I think any CHP holder should do and really explore the complete extent of the rules and regulations regarding the permit. It's not in a manner to push the envelope and test you're luck, but to know the rules to literally the letter of the law. I've personally found it quite useful when a drastically uninformed person lashes out at me about the notion of concealed carry and tries to compare us to a bunch of loony Yosemite Sams. They then quickly prod my arguments with baseless spin dribble and being knowledgeable enough about the laws helps me to counter their arguments. I may not always, or ever, change their minds, but at least for a brief moment get to make them feel like idiots.
jFader:
I don't find the rules too restrictive to follow. I am very new to concealed carry & figured that if I had some questions about concealed carry laws in Nebraska this would be the forum to ask.
i think where my brain got fried with legislative bs, was when I read somewhere that you can't carry at all in Omaha unless you have a chp, then you can open carry in Omaha (at your own risk)
I don't plan on violating the laws or attempting to be a test case to clarify the rules...just trying to understand what the existing laws are
When asking the original question, I had several aspects in mind as far as open vs chp...
#1requirement to notify (having chp I will likely error on the side of caution & notify upon contact)
#2 prohibited places- I realize some places listed on the chp list are posted 'gun free'..are hospitals, places of worship, political rallies, establishments that make 51% of sales by alcohol, etc covered by a different statute
#3 Zero tolerance bac
are these exclusive to chp holders? Or are parts restricted by other laws
I appreciate everyones responses so far, especially those that see this as a policy/legal discussion from a proud Nebraska gun owner eager to gain knowledge & training in the art of carrying concealed.
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