General Categories > Carry Issues
Court of Appeals ruling on concealed carry
unfy:
--- Quote from: SCONE ---Senn was charged in the district court for Richardson County,
Nebraska, with attempted second degree murder, use of a firearm
to commit a felony, two counts of terroristic threats, and
carrying a concealed weapon. Following a jury trial, he was
convicted of carrying a concealed weapon but was acquitted of
the remaining charges.
--- End quote ---
Wait... what ? I'm confused lol...
anyway... continuing to read...
unfy:
--- Quote from: SCONE --- Citing a civil case, the Court of Appeals declined
to address the State’s argument that Senn could have committed
the offense just before he allegedly shot at Buckley,
--- End quote ---
I'm sorry - "could have committed the offense" ? EXCUSE ME ? TRY AGAIN.
(shaking head)
unfy:
--- Quote from: SCONE ---The Court of Appeals relied on testimony establishing that
Senn could not reach the handgun while driving, but that testimony
did not speak to whether he could have reached it in
other driving situations, such as while the vehicle was stopped.
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.” In fact, in Kennedy v. State,
171 Neb. 160, 170-71, 105 N.W.2d 710, 718 (1960), where the
defendant was one of several occupants in the vehicle, we held
that a weapon is concealed when it is hidden from ordinary
observation and is “readily accessible on [the] person [of] or
in a motor vehicle operated by [the] defendant.” (Emphasis
supplied). Further, in State v. Goodwin, 184 Neb. at 541, 169
N.W.2d at 273, we affirmed the jury’s factual finding and held
that a loaded pistol found in a locked glove compartment during
a postarrest search was concealed “on or about” the person
of the driver because it was concealed in an accessible location
over which the defendant had control.
--- End quote ---
Could not reach the handgun while driving but it could be reached in other driving situations ?
I'm a bit confused.
Anyway, the locked glove box appears to be very relevant. I'd wanna read Goodwin as well just to make sure... but anyway...
I think we need "readily accessible" defined. Cause it's kind of looking like the weapon HAS to be outside of the passenger area - which is somewhat impossible in several vehicle types. IE: a minivan, suv, compact car with a hatch back, etc.
Given my initial quote of the opinion/decision a couple posts a go, it looks like a domestic situation that might have involved a questionable character (I honestly dunno) - and that the concealed weapons charge decision is more or less "poisoning the tree" (legal / liberty term). Possibly bending the law in order "to get one bad guy". See also - "you have to invoke your 5th amendment rights in order for it to apply to you" that the SCOTUS did a couple years ago.
Immortality:
This is my case. I've been working on this thing for two years and got the outcome we wanted on appeal. The ruling from the Supreme Court was disappointing to say the least. What was worse is that it didn't really clarify anything except making it appear that it is no longer possible to carry a firearm in the passenger compartment of a vehicle unless it is in plain sight.
I am filing a motion for rehearing with the Supreme Court this week but I'm not holding my breath that much comes of it. Unfortunately the Nebraska Supreme Court has a lot of former prosecutors on it.
If anyone has questions about the case or the ruling, I'll do my best to clear it up.
SemperFiGuy:
--- Quote ---This is my case......If anyone has questions about the case or the ruling, I'll do my best to clear it up.
--- End quote ---
And you must feel like you're caught in a really, really bad, bizarre dream.
The contradiction here is that we have the right to keep and bear arms (US and NE Constitutions), but we can't keep them and bear them in our automobiles, where we spend a great deal of our time and life's essence.
So: How Can We--the NE Forum Membership--Help You?
Because...........By helping you we help ourselves and all other NE firearms owners.
sfg
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