General Categories > Carry Issues
Court of Appeals ruling on concealed carry
Les:
--- Quote from: SemperFiGuy on December 17, 2016, 11:18:56 AM ---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
--- End quote ---
Yup, lockbox time for pickups it appears. "Sigh"
Mali:
This is a big reason I encouraged my wife to get her CCW. In some ways that is a Get-Out-of-Jail pass since so many things don't apply to someone with that little card in their possession. This is clearly something we need to address in law since it is more and more turning into a no-guns-or-else approach to enforcement.
Les:
Another link. http://www.guns.com/2016/12/17/nebraska-supreme-court-clarifies-concealed-carry-in-cars/?utm_content=bufferbf86f&utm_medium=social&utm_source=twitter.com&utm_campaign=buffer
depserv:
--- Quote from: JAK on December 17, 2016, 11:49:36 AM ---From reading 28-1201/1202 and the associated notes this applies to handguns, knives (blade over 3.5"), brass knuckles, or other deadly weapons.
--- End quote ---
Is there some definition of "deadly weapon" in Nebraska state law beyond a knife having to have a blade over 3 1/2"? How about a tool box containing common lethal weapons like screwdrivers and a hammer? Or yard and camping tools like a hand ax or machete? Or how about a baseball bat? If I had to defend myself and I had to choose between a baseball bat and a knife with a 4" blade I know which one I'd pick. And the biggest mass murder committed by an individual in America was committed with about a dollar's worth of gasoline and a lighter, so would a gas can be like a so-called assault weapon?
Is there some kind of a phony test like legitimate use, as in it's ok to have a deadly weapon if it also has a non-weapon function?
SemperFiGuy:
--- Quote ---Is there some definition of "deadly weapon" in Nebraska state law beyond a knife having to have a blade over 3 1/2"?
--- End quote ---
Here's about what I can find for the moment:
=======================================
28-1205.
Use of a deadly weapon to commit a felony; possession of a deadly weapon during the commission of a felony; penalty; separate and distinct offense; proof of possession.
(1)(a) Any person who uses a firearm, a knife, brass or iron knuckles, or any other deadly weapon to commit any felony which may be prosecuted in a court of this state commits the offense of use of a deadly weapon to commit a felony.
(b) Use of a deadly weapon, other than a firearm, to commit a felony is a Class II felony.
(c) Use of a deadly weapon, which is a firearm, to commit a felony is a Class IC felony.
(2)(a) Any person who possesses a firearm, a knife, brass or iron knuckles, or a destructive device during the commission of any felony which may be prosecuted in a court of this state commits the offense of possession of a deadly weapon during the commission of a felony.
==========================================
Basically, a Deadly Weapon is any "destructive device" (a term found elsewhere in Nebraska Statutes) that may be used to inflict lethal (killing/maiming) force.
Like a:
Brick
Broken beer bottle
Baseball bat
Chairs (Over the head, like the Cowboy Movies)
Club
Crowbar
[I'll stop here: We're only in the B's and C's, but you get the idea]
I'm guessin' that fists aren't Deadly Weapons, per se. Unless somebody is killed with them.
You can also look up Lethal Force. Same idea.
If the Prosecutor sez it's a Deadly Weapon, then the Defense Attorney is going to be on the spot.
FWIW,
sfg
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