General Categories > Carry Issues
When is handgun considered concealed?
Greybeard:
Davep, Omaha has it's own training Academy and does not send it's officers to Grand Island/Hastings.
sidearm1:
Some info for thought. State Vs Hill (577N.W 2d 259-1998) (254 Neb 460) Hill was charged in Omaha with carrying a concealed weapon. The arresting officer testified that She could see the handle up to the hammer when she approached the driver in the vehicle. The city filed two charges one of carrying a concealed weapon and the unlawful carrying of a concealed weapon. The Nebraska Supreme Court ruled that since the handle and hammer of the weapon was observed by the officer it could not be considered concealed.
Now Mr. Hills conviction for reckless driving was upheld. Lesson. Don't do things that attract attention.
ILoveCats:
--- Quote from: sidearm1 on December 08, 2014, 10:28:40 AM --- ... State Vs Hill ... The Nebraska Supreme Court ruled that since the handle and hammer of the weapon was observed by the officer it could not be considered concealed.
--- End quote ---
To which most rational people would say, "Duh!" Or at least I'd hope that's what they would say. With most holsters, those same parts of a gun are the only parts visible when people overtly "open carry". Why should sitting in a car be any different?
If I carried a single action revolver in a flap holster, all you could see is the bottom of the butt when viewed from a certain angle, but I wouldn't consider a Blackhawk in a flap holster concealed. I'd think most reasonable people would consider the verb "conceal" to mean to put something away from view with the purpose that others wouldn't be aware of its presence. The etymology of the word simply comes from "to hide".
davep:
--- Quote from: Greybeard on December 08, 2014, 09:21:07 AM ---Davep, Omaha has it's own training Academy and does not send it's officers to Grand Island/Hastings.
--- End quote ---
I did not know Omaha had it's own training facility, I stand corrected.
This incident did not happen in one of the larger metropolitan area such as Lincoln or Omaha, it happened in mountain time zone.
Dan W:
--- Quote from: sidearm1 on December 08, 2014, 10:28:40 AM ---
State Vs Hill (577N.W 2d 259-1998) (254 Neb 460)
--- End quote ---
Interesting read...And I found some info related to court decisions regarding when a handgun is concealed based on a repealed statute 28-1001, but I can't find the language of the repealed law.
--- Quote ---This court previously defined what it means for a weapon to be concealed in violation of the law in terms of Neb.Rev.Stat. § 28-1001 (R.R.S.1943), which, prior to its repeal in 1977, was substantially similar in its operative language to Omaha Mun.Code, § 20-192. In Kennedy v. State, 171 Neb. 160, 170, 105 N.W.2d 710, 718 (1960), we stated that "absolute invisibility to other persons is not indispensable to concealment of a weapon on or about the person of a defendant, and that a weapon is so concealed when it is hidden from ordinary observation...." What is clear from the evidence in this case is that Cornett could see the weapon while she was standing outside of the vehicle. That Hill pointed out the existence of the weapon is corroborative of his obvious intent not to conceal the weapon. Giving every inference to the State, we find as a matter of law that the evidence in this case is insufficient to convict Hill of the charge of carrying a concealed weapon, and, therefore, we reverse the judgment and dismiss the conviction on this charge.
--- End quote ---
Perhaps this is the source for the "plain view" requirement, but the law it was based on was repealed, and I have no way (so far) to read the repealed statute
and see if the language concerning concealed carry was clearer than mud
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