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Court of Appeals ruling on concealed carry

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shooter:

Another story brought up a statistic about Obama being the best gun salesman ever.  It quoted a statistic that during his eight years in office over 141,000,000 background checks had been made.  The number of checks doesn't relate to the number of guns purchased during a single check, nor does it relate to weapons purchased by thugs illegally.   The figures do suggest that the percentages of Americans owning firearms is well above the 30% claim by the media, and is increasing, not decreasing as the media claims.   This figure probably doesn't include the explosion of gun purchases and concealed carry permits by Gays, who now clearly understand why No Gun signs are  not affective in preventing abuses of firearms by thugs and mentally deranged individuals.
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   how many states have a system like Nebraska, we get 1 background check every 5 years.   and can buy all the firearms we want,  ( notice I said want. NOT afford!)  so the entire state of Nebraska throw that number off.

DenmanShooter:

--- Quote from: hilowe on July 05, 2016, 09:32:54 PM --- Human sacrifice, dogs and cats living together – mass hysteria.

Sorry, had to pull out the Ghostbusters quote.

--- End quote ---

:)  Yes, your honor, this man (the cop) has no D***.

wcr:
 Article in todays (Dec 17,2016) Omaha World Herald titled "High court clarifies concealed carry law"  might want to check it out. It discusses 'beyond reach' and 'accessible/inaccessible" meanings.  Rod Moeller is mentioned toward the end of the article.  I would appreciate any comments/clarifications. 

SemperFiGuy:
It appears that the NE Supreme Court ruling further defined reachability of a handgun while  being transported by vehicle; namely, that the handgun must not be reachable by the driver while either driving or while stopped.   Which therefore now makes any handgun within the passenger compartment to be "reachable".

From what I could tell by reading the article, non-CHP pickup truck drivers will now need a lockable toolbox in the bed of their vehicle for use in order to transport a handgun.   Non-CHP auto drivers can use their car trunks.   Non-CHP Soccer Moms with SUVs and minivans can just go to jail; get a nice break from the kids and the dog and the laundry.   And work, of course.

Article didn't appear to address or clarify transportation of long guns.

It's a Never-Ending Battle Out There.

sfg

JAK:
I downloaded and attached a copy of the Court Decision referenced in the article and a copy of Nebraska 28-1201 and 28-1202.

What it seems to say is that if a weapon is in the passenger compartment of a vehicle then it is considered to be accessible to the driver.  From reading 28-1201/1202 and the associated notes this applies to handguns, knives (blade over 3.5"), brass knuckles, or other deadly weapons. 

In the notes of 28-1202 it specifies that the gun dose not need to be operable in order to meet the definition. 

A loaded handgun was inside of a case, on the far side of the truck cab "against the wall of the truck—between the passenger seat and the right side wall of the truck, partially behind the seat, with some clothing on top of it" and was described as not accessible while driving.

According to the decision "Neither 28-1202 nor case law requires that the weapon be within the defendant’s reach while driving in order to be considered “on or about his person.”"

John K



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