General Categories > Laws and Legislation
CHP/handgun in vehicle
JTH:
--- Quote from: CitizenClark on August 10, 2014, 03:55:18 PM ---Be advised, that section of FOPA only applies to interstate transport of firearms, not intrastate transport.
--- End quote ---
I'm aware that the code says:
"18 U.S. Code § 926A - Interstate transportation of firearms"
And yet, the law itself says:
"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..."
...in which it makes NO mention of any interstate requirement. And if I recall correctly (someone please inform me if they have data contradicting this) this specific wording superceded and replaced wording that specifically mentioned interstate commerce with wording that not only does NOT mention "interstate" but does not even mention "commerce".
Also if I recall correctly: In Nebraska overall as a state (so, ignoring Omaha's stupid local rules), open carry is legal everywhere without respect to weapon type. So if any weapon is in the open in the car, loaded or unloaded, that's legal. If it isn't in the open...
With respect to "concealed" the only definitions in the Nebraska State Statutes are: "Concealed handgun means the handgun is totally hidden from view. If any part of the handgun is capable of being seen, it is not a concealed handgun;"
(from http://www.nebraskalegislature.gov/laws/statutes.php?statute=69-2429 )
And on a related note: "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" (from http://www.nebraskalegislature.gov/laws/statutes.php?statute=28-1202 )
As such, having any firearm in a case in the passenger compartment of a vehicle, loaded or unloaded, might be construed as being "concealed" as it is "on or about your person" and "totally hidden from view." (And rifles and shotguns are obviously "deadly weapons" by definition of statute.)
However, since the "totally hidden from view" specifically references handguns, and having a firearm in a locked case in the back of a car without a trunk makes no sense in terms of calling it "concealed," falling back on the requirements listed specifically for legal transportation of a firearm under federal law seems to me to be the clearest way to not have an issue. (Especially since the federal law itself was re-worded to NOT include any mention of interstate commerce.)
Because without something like that, technically speaking any time you go to the range with a rifle or shotgun in a bag, or a case, or a lockbox, then you are illegally carrying a concealed weapon---since our CCW permits only allow for handguns. In other words, unless all your long guns are in the open, you cannot help but illegally carry a concealed weapon! (Again, if you don't have a trunk, which many people these days do not.)
...unless there is something else that can clarify the difference between transport and concealment.
There is a nicely blurred and undefined line between a handgun loaded in a car under your seat (concealed) and a handgun unloaded locked in a case in the back of the car without a trunk (is that still concealed? Arguably, it is, and yet, obviously it shouldn't be)---and for long guns, there is no way around "concealed" being illegal, since we ONLY allow permits for handguns.
(Unless, of course, you want to argue in court using the affirmative defense regarding your concealment of a rifle....wouldn't suggest that.)
Again----so dropping back to a federal law specifically listing firearms transport, proper method of, "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," ---seems to me to be about the only clear way to make certain that you won't have any "concealed weapon" issues.
Otherwise, (unless you know something different, Clark? You are a lawyer, I'm not)----EVERY carry of a long gun in any sort of case, box, sleeve, etc, in the passenger section of a vehicle is actually illegal carry of a deadly weapon.
If you have a trunk, or a storage compartment not available from the passenger area, you don't have this problem with guns----because "concealed" includes the "on or about his person" section, and your trunk doesn't count. Technically, you can keep 'em loaded and stored there however you like. If you DON'T have a trunk, however, (like many hatchback cars these days, SUVs, etc) then the "on or about his person" section (we assume, and could obviously easily effectively argue in court) could then be based on the federal solution to this problem, which is the unloaded/lockbox.
Quick Summation: Nebraska law currently technically makes you guilty of carrying a concealed weapon if you have a long gun in a case in the passenger compartment of your vehicle, whether loaded or unloaded, and whether or not you have a CHP. (Right, Clark?)
My response to that is simply that transporting a firearm according to federal law, which does not reference interstate transportation in the wording of the code but instead says "from ANY place...to ANY place", and which does specifically say "Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof..." means that if it goes to court, it'll be interesting since without the federal transportation statute, lots of folks all the time are guilty of illegally carrying a concealed deadly weapon in their car without knowing it. (Whether going hunting or to the range.)
...oh, just remembered (yeah, I'm writing more): There is ONE case in the NE State Statutes in which they even MAKE you carry a long gun encased on a vehicle. Seeing as I'm pretty sure that the state statutes can't force you to illegally carry a concealed deadly weapon, I'd also mention here that the state statute's solution to the problem matches the federal one.
"...or for any person to carry or possess any firearm, bow and arrow, or other projectile device on a snowmobile unless such bow and arrow or projectile device is enclosed in a car carrying case or such firearm is unloaded and enclosed in a carrying case."
http://www.nebraskalegislature.gov/laws/statutes.php?statute=60-6,342
Given the whole thing above, I again suggest:
Transportation of a firearm (as opposed to concealed carrying said firearm) can be achieved by having said firearm unloaded in a locked case out of reach, or held in a compartment separate from the passenger area.
DenmanShooter:
--- Quote from: lunchbox on August 09, 2014, 11:03:24 PM ---So what is the dang law regarding long guns in my trunk? It is unclear to me and have heard differing opinions. Can I carry a loaded rifle in my trunk? Or does it have to be cased and unloaded?
--- End quote ---
You cannot carry a loaded SHOTGUN in your vehicle. Only a loaded rifle, which makes no sense.
Nebraska does not generally require firearms in vehicles to be unloaded or locked, although
Nebraska prohibits carrying a loaded shotgun in or on any vehicle on any highway.1
If the vehicle is in a safe school zone, a person may still possess a firearm within the vehicle if 1) he or she is an adult nonstudent and the firearm is unloaded and encased or in a locked gun rack in or on the vehicle; or 2) he or she is a concealed handgun permit holder and the handgun is carried concealed.2
Nebraska law allows a concealed handgun permit holder to carry a concealed handgun in a vehicle even in the parking area of a location where concealed handgun possession is generally prohibited. The only requirement is that, prior to exiting the vehicle, the permit holder must lock the handgun inside the glove box, trunk or other compartment of the vehicle, or a storage box securely attached to the vehicle.3
An employer may prohibit permit holders from carrying concealed handguns in vehicles owned by the employer.4
Nebraska prohibits the possession of a shotgun or rimfire rifle while operating or riding on a snowmobile unless the long gun is unloaded and enclosed in a carrying case.5 The state also prohibits the owner of a snowmobile from allowing any person to operate the snowmobile while possessing a shotgun or rifle unless the shotgun or rifle is unloaded and encased.6
1.Neb. Rev. Stat. § 37-522. [?]
2.Neb. Rev. Stat. § 28-1204.04(1). [?]
3.Neb. Rev. Stat. § 69-2441(3). [?]
4.Neb. Rev. Stat. § 69-2441(4). [?]
5.Neb. Rev. Stat. § 60-6,342. [?]
6.Neb. Rev. Stat. § 60-6,344. [?]
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