General Categories > Carry Issues
Transporting Handguns and Rifles?
airboater:
I don't have a concealed permit. I have a 4 door pickup, if I put my handgun behind the back seat is it a concealed weapon? Also are rifles considered concealed weapons if they are hidden under the back seat? I've been searching for info on this without any luck.
SemperFiGuy:
Let's Start w/Federal Rules for Transporting Firearms:
18USC926a
Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle:
Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
sfg
airboater:
So leaving them out in the open is no longer an option?
SemperFiGuy:
Airboater:
Which them? Handguns? Rifles? Not exactly sure which ones you mean. But let's work on it some more........
Actually, leaving Everything out in the open is probably the safest approach, legally. You would then be Open Carrying your handguns, for which there is generally no statutory prohibition, except in Omaha. The risk of theft would be greater with guns out in the open, unless constantly watched.
And generally, there's no concealed carry issue with long guns. However, it's best to keep them unloaded and in a case. Locked case is better.
However, as soon as a handgun is tucked away someplace, either in the auto on on your person, it's concealed. Which starts causing problems.
There's an affirmative defense provision for carrying a concealed handgun without a concealed handgun permit in Nebraska, but it's not worth much when defending yourself in court. Prosecutors can beat it down. So most folks don't depend on that provision.
Best to dig up the money and go through the NE Concealed Handgun Permit process. Or carry openly, which has its own associated risks.
These are some early thoughts on this issue. You are welcome to continue the dialogue.
sfg
Modification:
Might as well throw this stuff in here as well:
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.
DenmanShooter:
That's federal law regarding transporting across state lines.
Only NE restriction is shotguns can't be loaded (even in the magazine) and that's just a G&P deal.
Otherwise use common sense.
Also don't go robbing any convenience stores. 8)
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