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Clean up concealed weapons definition

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Randy:
Can you find anything in print on the above mentioned clause?

00BUCK:

--- 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.

--- End quote ---
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.

Chris Z:
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.

FarmerRick:
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.  ::)

Chris Z:

--- 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.  ::)

--- End quote ---

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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