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Author Topic: Clean up concealed weapons definition  (Read 2450 times)

Offline SBarry

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Clean up concealed weapons definition
« on: August 31, 2009, 08:41:12 PM »
The way the laws are written, you can have a gun in your glove box, but not your center console, right? We need a senator to introduce a bill that cleans up the law and makes it legal to carry a gun in the console. Am I correct in this?
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Offline Dan W

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Re: Clean up concealed weapons definition
« Reply #1 on: August 31, 2009, 08:57:16 PM »
No, I don't think there is any restriction on where you conceal a handgun if you have a CHP.

There are some rules about locking a concealed handgun in the vehicle , when the vehicle is parked in the lot of a place or premises where CCW is banned. 

Quote
(3) A permitholder carrying a concealed handgun in a
vehicle or on his or her person while riding in or on a vehicle 
into or onto any parking area, which is open to the public, used by
any location listed in subdivision (1)(a) of this section, does not
violate this section if, prior to exiting the vehicle, the handgun
is locked inside the glove box, trunk, or other compartment of the
vehicle, a storage box securely attached to the vehicle, or, if the
vehicle is a motorcycle, a hardened compartment securely attached
to the motorcycle. This subsection does not apply to any parking
area used by such location when the carrying of a concealed handgun
into or onto such parking area is prohibited by federal law.

This was just changed with LB430

So as I see it a locking center console would be OK in this case. Other wise if you are in the car, the center console is OK if you have a CHP.

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Offline SBarry

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Re: Clean up concealed weapons definition
« Reply #2 on: August 31, 2009, 09:45:26 PM »
What about those without a CHP?
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Offline Dan W

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Re: Clean up concealed weapons definition
« Reply #3 on: August 31, 2009, 10:30:00 PM »
without a CHP you can not conceal in the glove box, or the center console, or under a newspaper or inside a gym bag. That would constitute illegal concealed carry.

 Open carry requires the handgun be kept in plain sight.

There is a definition that states that if any part of a handgun is visible it is not concealed
« Last Edit: September 01, 2009, 09:01:07 PM by Dan W »
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Offline Poor Man

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Re: Clean up concealed weapons definition
« Reply #4 on: September 01, 2009, 08:36:57 PM »
I believe there is a clause in the CCW bill that if there are more than one person in a vehicle, the concealed firearm must be physically on the person with the CCW, otherwise a person w/out a permit could be considered in violation if the firearm was in glove-box etc.
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Offline Randy

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Re: Clean up concealed weapons definition
« Reply #5 on: September 02, 2009, 02:02:27 AM »
Can you find anything in print on the above mentioned clause?
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Offline 00BUCK

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Re: Clean up concealed weapons definition
« Reply #6 on: September 02, 2009, 04:22:57 PM »
Quote from: Poor Man on September 01, 2009, 08:36:57 PM
I believe there is a clause in the CCW bill that if there are more than one person in a vehicle, the concealed firearm must be physically on the person with the CCW, otherwise a person w/out a permit could be considered in violation if the firearm was in glove-box etc.
There is no such clause but it is very true. A concealed firearm in a car belongs to ALL occupants of the car. If anyone is sans permit, they can and will be hooked up.
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Offline Chris Z

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Re: Clean up concealed weapons definition
« Reply #7 on: September 08, 2009, 04:04:48 PM »
I believe this may be what "poor man" is referring to. Based on this law below, a firearm not in the direct possesion of a person may be considered in possession of everyone in the vehicle. I call this the "gang bangers riding around in a car in Omaha law".

http://www.legislature.ne.gov/laws/statutes.php?statute=s2812012000

NE Revised Statute 28-1212
Presence of firearm in motor vehicle; prima facie evidence. The presence in a motor vehicle other than a public vehicle of any firearm or instrument referred to in section 28-1203, 28-1206, 28-1207, or 28-1212.03 shall be prima facie evidence that it is in the possession of and is carried by all persons occupying such motor vehicle at the time such firearm or instrument is found, except that this section shall not be applicable if such firearm or instrument is found upon the person of one of the occupants therein.
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Offline FarmerRick

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Re: Clean up concealed weapons definition
« Reply #8 on: September 08, 2009, 04:22:26 PM »
So, if I have my handgun in the glove box, and my kids are in the back seat, they would be in possession of of a concealed weapon?


THAT MAKES PERFECT SENSE!!!

The freak'n laws in this state are ridiculous.  ::)
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Offline Chris Z

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Re: Clean up concealed weapons definition
« Reply #9 on: September 08, 2009, 04:30:45 PM »
Quote from: FarmerRick on September 08, 2009, 04:22:26 PM
So, if I have my handgun in the glove box, and my kids are in the back seat, they would be in possession of of a concealed weapon?


THAT MAKES PERFECT SENSE!!!

The freak'n laws in this state are ridiculous.  ::)

I don't think that is what it is meant for, or would even be applied for this........ I think mainly this law is targeted towards the carload of gangsters who get stopped, the Police pull them out of the car and search the car. Under the seat happens to be a fine Raven .25 caliber pistol and amazingly none of the four occupants of the car knew this firearm was there, and it doesn't belong to any of them. This law says, sorry all four of you are out of luck.... You're all in possession of it.


Now could some T'd off cop charge you with this if you were in the situation you mentioned? Possibly.....
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Offline FarmerRick

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Re: Clean up concealed weapons definition
« Reply #10 on: September 08, 2009, 04:41:30 PM »
Understood

I'm usually more concerned with the "possible" than the "probable".

I try to prepare myself as much as I can for the "probable", doing so for the "possible" is much tougher.
« Last Edit: September 08, 2009, 04:43:01 PM by FarmerRick »
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Offline DanClrk51

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Re: Clean up concealed weapons definition
« Reply #11 on: September 08, 2009, 09:06:15 PM »
I do think the wording for this law needs to be changed. At least to make an exception for CHP holders. Scenario: I visit a friends house (carrying with CHP of course). More friends come over. We decide to go out to eat but don't know where yet. We all hop in someone else's car (not my car) and drive around and then decide on for instance: Pizza Hut (which is posted by the way) and eat at the buffet there. Because I know Pizza Hut is posted I leave the firearm under the seat or put it in the glove box of the car.
We get pulled over one the way home. Even though I am not the driver I notify the officer I have a CHP and there is a gun in the glove box. It is not fair for the rest of the bunch to be considered in possession of the gun.
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Offline JimP

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Re: Clean up concealed weapons definition
« Reply #12 on: September 09, 2009, 07:59:58 AM »
This stinks, even as applied to the carload of gangbangers and their fine firearm: It makes everyone guilty, even if they are innocent- prooving oneself innocent notwithstanding!   Because the cop does not know who is guilty, EVERYBODY is.

This has got to go.
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Offline Toster

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Re: Clean up concealed weapons definition
« Reply #13 on: September 09, 2009, 06:56:16 PM »
Think if you are diving in your truck, and the wife (with no CCW permit) is with you setting up front, but you carry in the driver's side door...is she in close proximity?  At one time I was told under the open carry law the person had to be in close proximity to the weapon.  So, does the CCW permit I (and the laws) trump, open carry or does having it in a unzipped open soft case mean it is not concealed?
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