General Categories > Carry Issues
Be Aware
AndyV:
This brings up a question about Nebraska CHP law and the duty to inform. Say I'm stopped for a traffic violation. As required, I inform the LEO that I have a CHP and identify the location of my concealed handgun. What if the LEO asks if there are any OTHER firearms in my vehicle? On any given trip to the range, I might have what the media would call a small arsenal in my car. They may be in the range bag on the passenger seat, or long guns lying on the back seat or back in the hatch of my SUV. If they are visible to the LEO, I would identify them, but what if they are stored out of sight? Do I disclose them and, if the LEO requests, must I open the hatch and allow them to be secured by the LEO?
I realize that most LEO contacts don't go down this way in NE. But it does raise the question - is a CHP holder required to consent to searches?
Chris C:
One thing I found out talking to a hand full of LEO's is they have no clue about class 3 paperwork or to ask for it. Granted these were all LEO's ok with firearms but still they had no training covering it.
I had a problem with a young Cass County Sheriff Deputy awhile back where he was incorrect about a law which finally got worked out where I wasn't cited but from there on out when I know I am 100% in the right I will be that dick and make them cite the state statute or get their supervisor involved.
Dan W:
--- Quote from: AndyV on November 02, 2014, 08:53:59 AM ---is a CHP holder required to consent to searches?
--- End quote ---
No, but the LEO is allowed to disarm you during the stop, so that limited "search" for the Concealed handgun(s) you have already declared is part of the law in Nebraska. I can't in any way imagine how that would extend to any long arms that are not in plain view, or any firearm that is stored outside the passenger compartment.
That being said, I am not a lawyer. And I am pretty certain that the carrying of a concealed handgun with a valid permit does not meet the requirements of probable cause or Reasonable Articulable Suspicion for a search without your permission.
bullit:
--- Quote from: AndyV on November 02, 2014, 08:53:59 AM ---This brings up a question about Nebraska CHP law and the duty to inform. Say I'm stopped for a traffic violation. As required, I inform the LEO that I have a CHP and identify the location of my concealed handgun. What if the LEO asks if there are any OTHER firearms in my vehicle?
--- End quote ---
I experienced this scenario somewhat with an LSO Deputy in 2009. He pulled me over on N 48th as I was going "faster" than he was ... I was going 34/35 in a 35, but he was leading "the Parade" in his lane at 30 mph. He didn't like that I guess. Anyway my carry gun was rolled up in my pants in the passenger seat as I had just left the gym. I informed him appropriately and where the gun was. He asked about other guns in the vehicle and I told him "yes, I have legally owned and properly cased firearms in the vehicle". He did attempt to enter my vehicle from the driver side after asking me to exit. I asked him not to as I was not comfortable nor consenting for him to enter my vehicle. He told me he had PC due to me informing him. I told him that I was respectfully challenging his LOGIC on the PC as I had properly informed him of my CHP/Carry gun and answered his question with LEGALLY transporting my other firearms. Long story short, he didn't push the issue (and I suppose I was being a little bold, but .....) He did not cite me after 1) he had no idea how fast I was going and 2) me reminding him that although he elected to go slower than the post limit, that by no means make it the new speed limit. He did conclude our encounter by THANKING me for informing him I was carrying, etc.
Take home lesson..... had he pushed the issue to proceed to "search", I would have QUIETLY and respectfully allowed such and THEN followed up through the courts ..... AND NO I DID NOT FILM ALL OF THIS TO BE AN A$$ ON YOUTUBE ......
bullit:
--- Quote from: Chris C on November 02, 2014, 04:43:22 PM ---One thing I found out talking to a hand full of LEO's is they have no clue about class 3 paperwork or to ask for it.
--- End quote ---
Why would they need to know to ask for it in the first place? Was there a particular problem in your case you are willing to share?
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