General Categories > Carry Issues

When is handgun considered concealed?

<< < (8/8)

Sandhillian:
I found the language of Neb. Rev. Stat. sec. 28-1001 (Reissue 1975), and it does not define concealed or reference "plain view".  The gist of that statute really isn't a whole lot different than the current statute at Neb. Rev. Stat. sec. 28-1202.  The annotations for the old statute reference the case also cited in Dan's excerpt, Kennedy v. State, 171 Neb. 160 (1960).  In that case, the Nebraska Supreme Court said that "a weapon is so concealed when it is hidden from ordinary observation and is readily accessible on his person or in a motor vehicle operated by defendant."  Kennedy, 171 Neb. at 170-71.

Obviously, changes to the statutes that now include a definition of "concealed" should override the Kennedy case.  Since the Legislature has defined "concealed", there is no longer any need for the Court's definition.

Dan W:

--- Quote from: Sandhillian on December 09, 2014, 01:24:51 PM --- Since the Legislature has defined "concealed", there is no longer any need for the Court's definition.
--- End quote ---
  There is a caveat...the statute gives the definition of a concealed handgun "for the purposes of the Concealed Handgun Act" so it may be limited by that statement.

Sandhillian:
Just a little trivia regarding the case that Dan quoted from in his post, State v. Hill, 254 Neb. 460 (1998); the Cornett that is mentioned in that case is former Omaha Police Officer and former State Senator Abbie (Irene) Cornett.  The guy was cited for carrying a concealed weapon after he told then-Officer Cornett that he had a loaded gun in the car, and Cornett admitted that she could see it.

Sandhillian:

--- Quote from: Dan W on December 09, 2014, 01:35:39 PM ---There is a caveat...the statute gives the definition of a concealed handgun "for the purposes of the Concealed Handgun Act" so it may be limited by that statement.
--- End quote ---

Good point, Dan.

bullit:

--- Quote from: Sandhillian on December 09, 2014, 01:41:12 PM --- the Cornett that is mentioned in that case is former Omaha Police Officer and former State Senator Abbie (Irene) Cornett.  The guy was cited for carrying a concealed weapon after he told then-Officer Cornett that he had a loaded gun in the car, and Cornett admitted that she could see it.
--- End quote ---


Yes, that is her "claim to fame".

Navigation

[0] Message Index

[*] Previous page