Handgunlaw.us Seeking Assistance on Carrying Long Guns in Vehicles

[GarySlider]

www.handgunlaw.us is seeking assistance in cataloging all the states laws/regs on keeping a long gun in a vehicle all the time. Due to what is happening in the world and here at home I am seeing the question more and more about carrying a long gun in a vehicle all the time. What just happened in Canada got me 5 emails on the day it happened  and at least one every days since about Long Guns in Vehicles. Loaded/Unloaded. Cased/Uncased. Trunk or back of vehicle or anywhere in the vehicle or not allowed etc etc. Information people would need to stay within the law in their state or a state they travel to with a long gun in their vehicle. Sad to say but it is us good guys/gals that only obey the law but we have to know what they are to stay within them. 

All this info will be assembled and put into one document for all the states. It will be available free for anyone who wishes to view the information. There is no more knowledgeable people to ask than those who live and use firearms in their home state is the reason I am asking this on a lot of different state specific Firearm Forums.

The laws/Administrative Rules Laws on Long Guns can be almost non-existent or spelled out completely. Many times they can be found in the hunting laws. If you could assist Handgunlaw.us with the alpha/numeric code for a state statute or Administrative Rule or a link to the states hunting laws that spell out the states stance on carrying long guns in vehicles it would be greatly appreciated. I have to have something official from a state agency. I would appreciate an email with the info sent to admins@handgunlaw.us as I can miss PM’s etc if possible.

This will takes a few months to gather all this info and catalog it as I have to check everything out. I will post a link to the finished document on every Firearm Forum that I post this request on.  That link will also be added to www.handgunlaw.us Thank you for your time and assistance. Handgunlaw.us  is what it is because of all the assistance I get from those who give me a heads up  on law changes and help me in so many different ways to keep Handgunlaw.us up to date.

[Husker_Fan]

Gary,
I'm an attorney in Omaha, and I love the site. I will put something together for Nebraska.

As a quick summary, my recollection is that an unconcealed rifle or shotgun may be anywhere in the vehicle. Shotguns must be unloaded under our state game laws, but rifles may be loaded.

I'll check these and send PDFs of the regs/statutes.

[GreyGeek]

unconcealed rifle or shotgun may be anywhere in the vehicle.

Considering that two Fort Collins policemen had their AR-15's stolen out of their patrol cars, I doubt it would be a good idea to have firearms exposed in the passenger's compartment without you being present.

Except for a concealed hand gun, carrying a loaded rifle or shotgun around in the passenger compartment of a car is not safe.

Also, Dan W has reminded us:

Don't forget, Lincoln has a ridiculous ordinance that makes it illegal to store a firearm in a vehicle for more than 24 hours at a time.

[Dan W]

Lets remember this thread is about actual ordinances or statutory restrictions that can be verified in the written codes. DO NOT turn it into a diatribe based on opinions or wax rhetorically about the constitutionality of said laws. Let's just help gather the asked for information without all the drama.

[Husker_Fan]

I wasn't saying it is a good idea to leave an unconcealed, unsecured long gun in your vehicle. I was just saying what the law is (or at least my recollection). I'll look it up and get some cites.

[CitizenClark]

Don't forget, Lincoln has a ridiculous ordinance that makes it illegal to store a firearm in a vehicle for more than 24 hours at a time.

This is incorrect. The ordinance forbids storing a firearm in an unattended vehicle for more than twenty-four hours. By the plain reading of the ordinance, if you drive your car more often than every twenty-four hours, you are not in violation. Also, if you park your car in a garage or some other locked enclosure/building, the ordinance does not apply to you.

9.36.110 Firearms in Unattended Motor Vehicle; Unlawful.
It shall be unlawful for any person to keep a firearm in an unattended motor vehicle for a
period in excess of twenty-four hours.

The provisions of this section shall not apply to members of the Armed Forces of the United
States, active or reserve, the National Guard of this state, or Reserve Officers Training Corps, when
on duty or training, or peace officers or other duly authorized law enforcement officers, nor shall
it apply to vehicles containing firearms that are parked in locked enclosures or buildings, such as
garages or other storage facilities. (Ord. 18158 §2; April 7, 2003).

[Wymore Wrangler]

Also we have the law where it is unlawful to have a center fire rifle in your vehicle during the 10 day deer rifle season unless you have a deer permit...

[JTH]

Also we have the law where it is unlawful to have a center fire rifle in your vehicle during the 10 day deer rifle season unless you have a deer permit...

Statute citation?  I can't even find that on the Game and Parks site.  (The only commentary I find about rifles during deer season relates to hunting OTHER things with the rifle.)

[Mudinyeri]

37-522. Shotgun on highway; restrictions; violation; penalty.

It shall be unlawful to have or carry, except as permitted by law, any shotgun having shells in either the chamber, receiver, or magazine in or on any vehicle on any highway. Any person violating this section shall be guilty of a Class III misdemeanor and shall be fined at least fifty dollars.
Source

    Laws 1998, LB 922, § 242.



60-6,342. Snowmobiles; carrying firearms; hunting; unlawful.

It shall be unlawful for any person to shoot, take, hunt, or kill or attempt to shoot, take, hunt, or kill any wild animal or bird from or with a snowmobile or for any person to carry or possess any shotgun or rimfire rifle while operating or riding on a snowmobile, 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.
Source

    Laws 1971, LB 330, § 20;
    R.S.1943, (1988), § 60-2020;
    Laws 1993, LB 370, § 439.



60-6,344. Snowmobile owner; prohibited acts.

It shall be unlawful for the owner of a snowmobile to permit such snowmobile to be operated contrary to the provisions of sections 60-6,320 to 60-6,346 or for purposes of carrying a shotgun or rifle thereon unless such shotgun or rifle is unloaded and encased.
Source

    Laws 1971, LB 330, § 19;
    R.S.1943, (1988), § 60-2019;
    Laws 1993, LB 370, § 438.

[GarySlider]

Wymore Wrangler,   I can't find the prohibition on center fire rifle in your vehicle during the 10 day deer rifle season unless you have a deer permit...

Can you give me a link or where I can find this? Thank You.   admins@handgunlaw.us

[Mudinyeri]

Wymore Wrangler,   I can't find the prohibition on center fire rifle in your vehicle during the 10 day deer rifle season unless you have a deer permit...

Can you give me a link or where I can find this? Thank You.   admins@handgunlaw.us

I am unaware of any such restriction.  However, you are not permitted to hunt with a center fire rifle during deer season without a deer permit.  This is a NGPC regulation.  I'm not aware of a state statute correlating to the regulation.

[DR4NRA]

Wymore Wrangler,   I can't find the prohibition on center fire rifle in your vehicle during the 10 day deer rifle season unless you have a deer permit...

Can you give me a link or where I can find this? Thank You.   admins@handgunlaw.us

Gary,
 While there is no exact law against it, it could prove to be a problem. It could be looked at as if you can't legally hunt anything with a deer capable centerfire during this time, then why would you need to have a loaded rifle meeting the definition of deer capable in your vehicle ?
 One could supposedly say self defense, but it doesn't really sound plausible as pulling a rifle from the passenger seat to defend against a threat isn't very logical now is it.

 So depending on your location and time of year a GW/ LEO could presumably believe that you are poaching. Especially since you have no logical reason to be driving around with a loaded deer capable weapon in your possession. You may/ or may not be hunting, but that doesn't mean that they can't mess with you if you pizz them off by spouting constitution and such.
 Now, with that being said it may be that in Lincoln you could be cited under this ordinance -

IN A VEHICLE—
When transporting a weapon in a vehicle it is considered a concealed weapon when it is concealed in a manner readily accessible to the driver or passenger
of the vehicle. The firearm must be unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the driver/passenger compartment of such transporting vehicle.
It shall be unlawful for any person to keep a firearm in an unattended motor vehicle for a period in excess of 24 hours. This provision shall not apply to members of the Armed Forces or duly authorized law enforcement officer, nor shall it apply to vehicles containing firearms that are parked in locked enclosures or buildings, such as garages or other storage facilities.

http://www.lincoln.ne.gov/city/police/pdf/gun.pdf