Odd Carry Question

[Ronvandyn]

Something happened to me yesterday that caused me to look for direction from the experts here.

I had gotten out of my car and was proceeding into a local Omaha establishment, one that does not prohibit Concealed Carry, when I noted I did not have my wallet.  Of course, this is where I keep both my DL and my CCP.  I went back to the car and look around for it, and being unable to find it (thought I had dropped on the ground it at my last stop), I took my weapon and locked it in the trunk of my car. 

Was this the proper response for this situation? 

Where in a persons vehicle is a weapon considered to not be concealed, even though it cannot be seen? 

Of course I found my wallet, quickly, my wife had put it in her purse not thinking about the fact that I was armed and she not knowing the laws for such.  Time to educate her, I know, but dang it I cant think of everything!   


Ron

[FarmerRick]

I would say that yes, you did the right thing. 
I would have also(and you may have) unloaded the pistol and put the mags/ammo in the glove box away from the weapon.

[Mike M.]

In my opinion you did right.The gun should have been locked unloaded in the trunk of your car or in the case of an SUV, placed all the way in the back.You might consider buying a lockable case incase theis happens again or you need to go in somewhere that is posted. I have one I got from Cabelas for about $30. It has a cable that allows me to attach it to the seat post or some other solid frame.

[Dan W]

Yes, in the trunk, unloaded , prefer cased, ammo seperate, would have been my choice too. That should keep you within the federal safe passage terms found in the Firearm Owners Protection Act of 1986 (FOPA)

It would be a really bad day if I also had to consent to a search  of my car.

In Omaha it is tough to know if you are ever really complying with the law 

Here is an attorney's take , although it is dated 1997

 

http://www.cjrpc.com/interstate_2.htm

To obtain the protection of the federal "Safe Passage" act, the firearm must be unloaded and neither the firearm nor any ammunition may be readily or directly accessible from the passenger compartment of the transporting vehicle. There is a further requirement that in the case of a vehicle without a compartment separate from the passenger compartment, the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

Neither case law nor the "Safe Passage" act itself defines "unloaded". Therefore, this writer strongly recommends that all transported firearms be completely unloaded. More specifically, an empty firing chamber is not sufficient. Be certain there are no live rounds of ammunition in the cylinder, magazine or clip whether or not attached to the firearm. Again, magazines and clips should be unloaded even if not attached to the firearm.

Another caution should be exercised when you are traveling in a hatchback, sport utility vehicle or motor home. Although such vehicles commonly have storage compartments, depending upon the configuration of a particular vehicle, factual questions may arise as to whether or not the storage qualifies under the Act as separate from the passenger or driver's compartment. In other words, unless your vehicle has a traditional trunk, this writer strongly recommends the use of both traditional locking hard-sided gun cases and separate locking hard-sided containers for ammunition. This is likely to be somewhat inconvenient but it is a small price to pay for the protection offered by the "Safe Passage" act against the severe (e.g. felony) penalties imposed by the anti-gun laws of some states.

The actual text of the Safe Passage Act reads as follows:

18 USC 926A

Interstate Transportation of Firearms

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver's compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

 

[Ronvandyn]

I actually have a couple of those Cabela's lock box's, one in my wife's van and one in the house, in the stand next to my bed (5 kids, cant leave something like that hanging around unsecured).  Seems I'll need to get another for the car.  I like them, lots, but am seriously thinking about getting a quick access vault for the bedroom.  One with the palm combination lock. 

Thanks for the read on that one guys, I did forget to take the magazine out of it when I locked it in the trunk.  Lesson learned.

Ron

[FarmerRick]

I actually have a couple of those Cabela's lock box's, one in my wife's van and one in the house, in the stand next to my bed (5 kids, cant leave something like that hanging around unsecured).  Seems I'll need to get another for the car.  I like them, lots, but am seriously thinking about getting a quick access vault for the bedroom.  One with the palm combination lock. 

Thanks for the read on that one guys, I did forget to take the magazine out of it when I locked it in the trunk.  Lesson learned.

Ron

I have the larger "Multi-Vault" and I like it quite a bit.  It holds 2 handguns, extra mags and ammo, a LaRue Battlelight and a knife.
It's lag-bolted to the bed frame and not going anywhere. 

[Gunscribe]

Find a separate bi-fold ID case to carry your CCW permit and social security card in. If I lose my wallet all things in it can be can be replaced in time, providing you have a birth certificate and social security card. Time is the key word there. If I were to lose my wallet or get relieved of it in a Criminal Empowerment Zone I may not be able to legally drive for awhile but I will be able to carry.

Every time you walk out the door get in the habit of patting the pocket the ID case is in and you will never leave home without it.

[Brian]

If I read "TITLE 272, NEBRASKA ADMINISTRATIVE CODE, CHAPTER 21
NEBRASKA STATE PATROL Concealed Handgun Permits" correctly it states:
 "019 OBLIGATIONS OF A PERMIT HOLDER
019.01 At all times while carrying a concealed handgun, a permit holder shall carry
the following documentation and display it to any peace officer or emergency
service personnel upon request:
019.01A The concealed handgun permit; and
019.01B Nebraska driver?s license, Nebraska-issued state identification
card, or military identification card."

So you  still need to have your Nebraska driver?s license, Nebraska-issued state identification card, or military identification card to carry along with your concealed handgun permit.

[ABN207]

Good info on the Forum.  As a new member, am enjoying the site very much.  I'm also a member of the USCCA and encourage others to check this organization out too, especially if you're a CCW permit holder.  Here's the link:  http://www.usconcealedcarry.com/
I do not get any kickbacks for anyone joining the USCCA.