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Court of Appeals ruling on concealed carry
Les:
--- Quote from: Immortality on December 18, 2016, 02:59:02 PM ---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.
--- End quote ---
I still fail to see how they came to this conclusion, after the previous ruling that was correct. Are they attempting to give law enforcement the widest possible brush for prosecution? Did they give any insight into intent of the ruling?
Immortality:
The problem is that it is hard to have a jury verdict overturned. And this jury, I feel, felt like they needed to convict Senn of something since they found him not guilty of the felony charges. This was a fairly minor issue at the trial and I thought the testimony of the Deputy and the Sheriff saying it was outside his reach, along with the fact it was in a hard case, would be enough to get a not guilty on that too.
Although I was happy with the Court of Appeals ruling, I didn't really like their reasoning either. We have a lot of appellate judges and justices who don't really understand gun law and how this opinion will affect transporting a firearm in Nebraska (even though I stressed this multiple times).
wcr:
Ref. Kendahl's forum comment above. Lets assume you have a CCW and own a SUV, van or hatchback. You want to take your rifle/shotgun to the range or go hunting sometime within the next 2 weeks. Since the rifle/shotgun are not covered by your CCW. Under this ruling how are you going to do it. If you say tie it on the roof I'm going have trouble believing it.
Immortality:
--- Quote from: SemperFiGuy on December 18, 2016, 03:28:39 PM ---
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
--- End quote ---
At this point, I'm making a motion for rehearing and see what happens with that. It's more than likely they will not allow a rehearing. At that point, I'm going to be contacting my state Senator and see if this can be resolved by the Unicam. There is plenty of room in the statute to clarify what "on or about" actually means. I'd think even Ernie Chambers would be on board with making this more clear (since a few of his constituents get convicted of this now and again).
Immortality:
--- Quote from: wcr on December 18, 2016, 06:03:37 PM ---Ref. Kendahl's forum comment above. Lets assume you have a CCW and own a SUV, van or hatchback. You want to take your rifle/shotgun to the range or go hunting sometime within the next 2 weeks. Since the rifle/shotgun are not covered by your CCW. Under this ruling how are you going to do it. If you say tie it on the roof I'm going have trouble believing it.
--- End quote ---
Your only choice is to leave it in plain sight. I made this point as well at oral arguments. You're on your way to the range with your rifle in an SUV, you stop at Cabela's to buy ammo. What do you do with it? If you cover it up with anything (including a case) it's now a concealed weapon. Leave it out in the open and anyone could see it and break into your vehicle. I tried to frame that part as a public safety issue but clearly didn't have any effect.
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