General Categories > Carry Issues
When is handgun considered concealed?
NE Bull:
Yes, please.
if he would email the specifics to myself and Rod ( rmoeller). Will will look it over. We'll add it to our pile of bad / misinterpreted laws.
Sent from my C771 using Tapatalk 2
DR4NRA:
Then sue over this. Still on the books, still enforced by LPD.
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.
OnTheFly:
DenmanShooter, Dan W, and davep...I understand that when an officer is dealing with a BG, they will write them up for everything they can possibly think of. From a broken tail light to possession of a weapon by a disallowed individual (not sure what the actual charge would be titled). When the plea bargaining begins, as it always does, the prosecuting attorney can get something to stick. It sounds like this is similar to what these officers are doing since they can't find anything else. My question would be, is this what ALL police/sheriff's departments are doing, or just some bad apples? If the latter, then these are obviously bad LEO's. Regardless of whether it is all or some agencies, we need more money in the NFOA hoppers to bring some lawsuits down on these agencies.
If this person that davep knows has a legitimate gripe, can the NFOA file suit against the offending agency to set a precedence?
--- Quote from: DR4NRA on December 07, 2014, 09:06:20 AM ---Then sue over this. Still on the books, still enforced by LPD.
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.
--- End quote ---
Maybe I am reading this wrong, but the phrase "...when it is concealed in such a manor..." does not seem to apply to this discussion. This statement does not define what "concealed" is (or is not). It only says that if a firearm is concealed, but readily accessible to the driver or passenger, then it is considered "concealed". Whether I agree with this law is another issue, but this is correct from what I understand of the law. If you are saying it is not correct, why? I ain't no genesis, so I would like to know where I'm going wrong.
Fly
Dan W:
--- Quote from: OnTheFly on December 07, 2014, 10:18:08 PM ---If this person that davep knows has a legitimate gripe, can the NFOA file suit against the offending agency to set a precedence?
--- End quote ---
On our own, No we don't have the muscle to do that, but working with the Second Amendment Foundation legal team has been very successful so far.
The SAF is always looking for strong cases to take on, but the parties to the suit must all be on board and ready to move forward once the decision is made to take the case, and the SAF legal team makes that call.
davep:
Then sue over this. Still on the books, still enforced by LPD.
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.
I believe this is addressing transporting the weapon. Example; You are headed out for a day of shooting, and your handgun, and ammunition is zipped up in your range bag. I would imagine you could have problems if you have your range bag within reach of anyone in the vehicle when you are driving. The accessibility part in this regulation has nothing to do with how concealed is defined as "any portion being capable of being seen". I do understand how the accessibility thing becomes the primary factor when making the charge, but it should not. Accessibility does not make the weapon concealed, "no portion of the handgun capable of being seen" is supposed to be the bar that makes it concealed.
Fly, you posed the question if all Nebraska LEO are doing this? I believe the "in plain sight" language has been around so long, most still turn to that language to make the charge. Again, I am sure this comes from how they were trained. They all have to go through one of the 2 LE training facilities in Grand Island, maybe that is not where it originates, but it would certainly be a good place train what the statute does say.
Dave
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