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CHP/handgun in vehicle

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loader18:
I'm a Nebraska CHP holder and want to make sure i am clear on Nebraska Statute 6.1.12 28:1212 that deals with my pistol in my vehicle.  If I understand correctly, the statute means that if i have my handgun loaded and anywhere in the vehicle, the law assumes all persons in the vehicle are "in possession" of my firearm and to ensure I am the only one in the vehicle to be considered in possession of my pistol, it has to be on my person.  Is this right?

barmandr:
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.

So, yes, if it is in the vehicle it is deemed to be in the possession of every person in the vehicle.  The only way it can be claimed to be in the possession of just one person is for it to be physically on the person claiming it as being the one possessing it.  This also works the other way...if your buddy has a gun in the car under one of the seats, you can be charged with possessing it as well.

jFader:
Another law aimed at 'stopping gang violence' that only accomplishes further infringement on law abiding citizens.....thanks for that one Brad 'Good Time Law' A$$Ford!....you won't be missed by us in the legislature!  :-X

farmerbob:
Few gray areas like every law. Someone with a CHP can't conceal a long gun, if I carry one in my truck I like to have it in a gun case, technical that makes it concealed.
Hmmmmm. ???

loader18:
Thank you for your help barmandr
So if I need to go into a place that does not allow conceal carry and my teenage son wants to stay in the car and listen to his dub step music, I leave the pistol in the car unloaded (maybe locked in the glove box) and take the magazine in the store with me.  Is that the way to handle this situation?

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