General Categories > Laws and Legislation
question re registration law in Omaha
depserv:
Say I'm back and forth between Lincoln and Omaha and my wife is in Omaha all the time. I have a concealed carry permit and she doesn't (yet). I have a pistol that is registered to me in Lincoln but not in Omaha, and since I have a CHP I don't expect to be registering it there. I would prefer not to leave her defenseless when I'm not there.
1. If I leave a handgun in my house in Omaha that is registered to me in Lincoln and is not registered in Omaha, will she be in violation of Omaha's illegal registration edict when she is in the house with the gun and I'm not in Omaha?
2. If she has the gun locked in her vehicle when I'm not in Omaha will she be in violation of the edict then?
3. Since she does not have a CHP, is there any requirement that she declare a gun in her car if she happens to get pulled over?
SemperFiGuy:
You have asked for advice concerning a specific legal scenario, so if anyone on the Forum responds with specific advice regarding this specific legal scenario, then they are providing legal advice, for which they must be an attorney at the bar in the state of Nebraska.
I'm responding here in a more general manner and not to the specific situations that you have presented. 'Cuz.........I'm not an attorney at the bar in Nebraska.
------------------------------------------------------------------------------
1. A handgun registered with a municipality clearly indicates the identity of the ownership of that handgun. Any owner of a handgun who holds a CHP in Nebraska is exempted from any and all municipal codes requiring handgun registration. So wherever that handgun might be located in Nebraska, it is still exempt from municipal registration. All handguns of a CHP holder are likewise exempt.
2. Generally, any otherwise legal, unloaded handgun that is locked in a vehicle in a location which is not accessible from the passenger compartment is not in violation of federal or state law. Glove compartment, console, door compartments, under the seat, under a seat cushion, carry in a purse or on the body, or anywhere else in the passenger compartment would be concealed carry and legal only for a person holding a concealed carry permit. Placing the unloaded handgun in a locked case in the trunk of the automobile is the best practice for legal automobile transportation.
3. Unloaded, cased firearms carried in the trunk of an automobile operated by a non-CHP driver do not have to be declared to law enforcement officers during a traffic stop.
_______________________________________________________________
Sorry that I couldn't address your specific questions with specific advice. But that's the way it is.
FWIW, The Nebraska State Patrol recommends that persons desiring specific legal advice seek out an attorney who is knowledgeable with respect to Nebraska firearms laws.
sfg
shooter:
you say passenger compartment, what if like me someone has a Yukon? or a Van? how would the determine what is passenger compartment?
SemperFiGuy:
You have asked the standard question when this issue is discussed.
This item is in the category of a case law item, since it's the kind of thing that's not clearly written into the law. Consequently, it falls through the legal cracks and winds up getting decided by a judge after listening to the attorneys at court. Then it becomes legal precedent.
I've not tried to run down the case law because I haven't had that need in the past. However, my guess is that the farther away the handgun is located from the driver and the more it is locked up in a case and/or cable-locked and the harder it is to grab and shoot, then the stronger is the case presented by the defense. Inaccessibility seems to be the key.
But it's just my very unqualified guess and nothing more.
The dilemma is between self-defense and legal transportation. The more the handgun is being legally transported, the less it is available for self-defense. And vice-versa.
And......Y'know, I'll bet that we have some real live legal attorneys as Forum members who could provide much better guidance here.
sfg
depserv:
Obviously I'm not a lawyer, but it looks to me like the intent of the criminal gang that wrote the law is to render the law-abiding citizen unable to access the gun, so I suppose you'd want to be able to show the judge that there was no way you could have used the gun to defend yourself, so his precious criminals are safe from you.
Navigation
[0] Message Index
[#] Next page
Go to full version