General Categories > Carry Issues
Court of Appeals ruling on concealed carry
m morton:
--- 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 ---
NE state law states you can open carry witch makes this mute if the gun is visible and or on your person does it not ? and what about those people that ride motorcycles that open carry ? there is no compartment out of there reach at all... i think this is just a way to add more charges to crimminal types and those in possession of stolen guns or those in Omaha and Lincoln that have unregistered guns but i am not nor ever want to be a lawyer lol the legal double speak makes my head hurt
so if this is what your saying ? this "clarification" now makes it so ONLY people that have chp's can open carry in Nebraska while driving ? the state Constitution just got **** on . and should be challenged and re-clarification to add that those in legal possession of a gun are not breaking any law.
Immortality:
Update... The State petitioned the Supreme Court for further review and after oral arguments in November, issued a ruling Friday reversing the Court of Appeals ruling. The opinion could be read to make it almost impossible to carry a firearm in the passenger compartment of a vehicle, even if it is in a case. The court basically threw out the requirement that the firearm must be within immediate reach. "[T]he jury, as a rational trier of fact, could have found that the handgun was on or about Senn's person, even though it was not within his reach when driving."
The handgun in Senn was in a hardsided case when it was found in the vehicle, outside the reach of the driver. So, say you have your deer rifle in a case in the backseat of your truck and it's outside your reach, you could be arrested for carrying a concealed weapon. And your CHP won't save you. CHP only applies to handguns. The concealed carry statute (28-1202) doesn't just apply to handguns, it applies to any weapon. And under Nebraska caselaw, to be classified as a weapon, a firearm does not have to be loaded.
So, I guess we'll have to see how this plays out in real life.
https://supremecourt.nebraska.gov/sc/opinions/2016-12-16
Kendahl:
This ruling would appear to apply to any vehicle that doesn't have a trunk. Examples, in addition to pickups, are SUVs, vans and hatchbacks. If you have a pickup, you would need a storage box in the bed. For the others, all I can think of is a roof top carrier. A CHP would cover you for handguns but not for rifles or shotguns. The only solution for them may be to transport them in plain sight rather than in a case.
wcr:
As for storage in a locked trunk. Wouldn't this also apply to sedans in which the back seat or arm rest can be dropped (usually by pulling a lever) to give access to the locked trunk from inside the car in the back seat. This is getting rediculous.
SemperFiGuy:
--- Quote ---...a firearm does not have to be loaded.
--- End quote ---
Yes........ Actually, it doesn't even have to work:
===========================
State v. Clark, 10 Neb. App. 758, 637 N.W.2d 671 (2002).
A firearm does not have to be operable in order for the defendant to be guilty of use of a deadly weapon to commit a felony.
===========================
And for that matter, doesn't even have to be a complete firearm. Just the bare frame w/serial number constitutes a firearm. Doesn't need a barrel, magazine, cylinder, etc.
But we have the right to keep and bear it... Don't we???
sfg
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