General Categories > Carry Issues
Any one else have a problem with this?
FarmerRick:
--- Quote from: justsomeguy on January 07, 2010, 05:59:19 PM ---So.... we disagree with this in principal but not in practice?
--- End quote ---
Yes.
Not much of a choice at this point, without breaking laws. But, that doesn't stop us from trying to change those laws.
A-FIXER:
But the same is true in my class III firearms permits have to have the finger prints and ID card from the police dept they say the trust bypasses this as well but before I knew this I had already undergone the process. I figure I am not losing my privicy on the account of serving in the Marines and they got the complete gambit of my personal info from tatoo's to scar's on my body as well as finger prints..... on the other hand if the Health Care that hussinobama passes the goverment will HAVE ALL OF YOUR PERSONAL INFO INCLUDING YOU BLOOD/and GENETIC FINGERPRINTS so as the world is coming to if your a democrat and you voted for the clown in your getting what his political party stands for more goverment CONTROL...Ok I vented and yes I feel BETTER.....
justsomeguy:
--- Quote from: FarmerRick on January 07, 2010, 06:09:31 PM ---
--- Quote from: justsomeguy on January 07, 2010, 05:59:19 PM ---So.... we disagree with this in principal but not in practice?
--- End quote ---
Yes.
Not much of a choice at this point, without breaking laws. But, that doesn't stop us from trying to change those laws.
--- End quote ---
Open carry.
bkoenig:
Dan, could you expand a little on what's involved in Affirmative Defense?
Dan W:
--- Quote from: bkoenig on January 07, 2010, 10:09:17 PM ---Dan, could you expand a little on what's involved in Affirmative Defense?
--- End quote ---
IF you were to be arrested for CCW, and had not been engaged in any other illegal act, you could claim to have a "good excuse" or an Affirmative defense. You would have to convince a jury and a judge that you were justified in your actions. The specifics of the statute are below
--- Quote ---28-1202. Carrying concealed weapon; penalty; affirmative defense.
(1)(a) Except as otherwise provided in this section, any person who carries a weapon or weapons concealed on or about his or her person, such as a handgun, a knife, brass or iron knuckles, or any other deadly weapon, commits the offense of carrying a concealed weapon.
(b) It is an affirmative defense that the defendant was engaged in any lawful business, calling, or employment at the time he or she was carrying any weapon or weapons and the circumstances in which such person was placed at the time were such as to justify a prudent person in carrying the weapon or weapons for the defense of his or her person, property, or family.
(2) This section does not apply to a person who is the holder of a valid permit issued under the Concealed Handgun Permit Act if the concealed weapon the defendant is carrying is a handgun.
(3) Carrying a concealed weapon is a Class I misdemeanor.
(4) In the case of a second or subsequent conviction under this section, carrying a concealed weapon is a Class IV felony.
Source
* Laws 1977, LB 38, ? 234;
* Laws 1984, LB 1095, ? 1;
* Laws 2006, LB 454, ? 22;
* Laws 2009, LB63, ? 10.
Effective Date: May 28, 2009
Cross References
* Concealed Handgun Permit Act, see section 69-2427.
Annotations
* In order to be a deadly weapon per se under subsection (1) of this section, the weapon must be one specifically enumerated in the statute. Whether an object or weapon not specifically named in the statute is a deadly weapon is a question of fact to be determined by the trier of fact, and the resolution of that fact question will depend on the evidence adduced as to the use or intended use of the object or weapon. State v. Williams, 218 Neb. 57, 352 N.W.2d 576 (1984).
* Whether an object or weapon not specifically enumerated in subsection (1) of this section was a deadly weapon is a question of fact to be decided by the trier of fact. State v. Kanger, 215 Neb. 128, 337 N.W.2d 422 (1983).
* Section 28-1202(1), R.S.Supp.,1978, combined with the definition of "deadly weapon" found in section 28-109, R.S.Supp.,1978, is sufficiently definite to meet the requirements of the first and fifth amendments to the U.S. Constitution and Art. I, section 3, of the Nebraska Constitution. State v. Valencia, 205 Neb. 719, 290 N.W.2d 181 (1980).
* When a person is charged with violation of this section, the State need not prove that a revolver or gun is operable in order to establish that it is a "firearm". The test is whether evidence of possession of a revolver or gun of prohibited description, which is in apparently good condition and has the characteristics and appearance commonly understood to be those of the firearm it purports to be, is prima facie evidence sufficient to go to the trier of fact in a prosecution for carrying a concealed weapon. In re Interest of Cory P., 7 Neb. App. 397, 584 N.W.2d 820 (1998).
* Any instrument that consists of finger rings or guards made of a hard substance and that is designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with a fist enclosed in the knuckles is per se a deadly weapon under this section. State v. Lewis, 6 Neb. App. 867, 577 N.W.2d 774 (1998).
--- End quote ---
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