General Categories > Laws and Legislation
Another "What if....?"
SemperFiGuy:
Actually, Federal law Title 18 USC, Ch. 44, para. 926A trumps all other state and local laws with respect to transporting a firearm. That Federal law allows unimpeded transport of an unloaded firearm for any lawful purpose from one place of lawful possession to another such place, provided it's stashed in the automobile trunk, or otherwise inaccessible from the passenger compartment.
So---No Trunk? Like an SUV?? Then you Gotta lock it up in a closed case, unloaded, with ammo and firearm stored separately. Otherwise, some LEO will tell the prosecutor that the full magazine laying next to the empty firearm constitutes a loaded firearm. And the judge might just believe it.
And further, in-transit storage is definitely NOT allowed by means of the glove box. [A specific line-item No-No.]
Now--that particular Federal law should allow anyone not living in Omaha, but just passing through, to effect passage unimpeded.
Provided...............A Whole Bunch of Other Stuff:
>What's the purpose for transporting the firearm?? To deliver it for sale in a non-contiguous state?? Oops! Requires FFL transfer. Not legal.
>Suppose an official considers your storage unit to be a "glove box". After all, you could put gloves in there. There's room. Behind the pistol.
>So--you say you put the firearm in the console, not the glove box. Too bad. Console = Glove Box.
>Must that firearm be registered in the location from whence departed?? Like some gun-hating city in Illinois?? Was it?? Uh-oh!!!
>Was ownership of the firearm illegal from the place you left?? Or the place you're going?? Gotcha!!
>And on and on and on. Sometimes a guy wonders how many firearms laws he's breaking at all levels, just by quietly sitting there, admiring his guns.
sfg
Dan W:
SemperFiGuy, can you cite the law for your definition of open carry?
Either a handgun is openly carried, or concealed.
If..."No part of the pistol may be capable of being seen" ( your definition) defines concealed, then if any part of the pistol IS capable of being seen it is not concealed.
I am not sure where you get the "generally recognizable part" and "must be in plain sight" requirements. Both defy the statutory definition of a concealed handgun being
"If any part of the handgun is capable of being seen, it is not a concealed handgun;"
Here is the statute:
69-2429. Terms, defined.
For purposes of the Concealed Handgun Permit Act:
(1) Concealed handgun means the handgun is totally hidden from view. If any part of the handgun is capable of being seen, it is not a concealed handgun;
As far as I know Open carry is not defined in Nebraska statutes.
Husker_Fan:
SemperFiGuy,
Without looking, I think you are referring to the Firearms Owners Protection Act (FOPA). That only applies if you are traveling interstate. For example, if I live in Wisconsin (where it is legal to have a handgun) and want to travel to Indiana (where it is also legal) I have to go through Illinois. If I do not stop (except for gas perhaps), and have the gun unloaded, cased, and stored as described in the federal law, I am good to drive through Illinois without an Illinois firearm owners permit. This doesn't affect the situation of a Nebraska permit holder in Nebraska.
My understanding of Nebraska law is once you take a drink your CHP is of no use. It's like you don't have one, except you still can't invoke the affirmative defense for carrying concealed. At that point, I think any legal firearm may be carried unloaded in a closed case, and that is what I would do. You might be able to have a loaded handgun openly carried (i.e. on the dash). However, doing so with any amount of alcohol would be infinitely irresponsible in my book even if not illegal.
All that said, this is my IMPESSION of the law without the benefit of thoroughly researching the subject. I may be completely wrong. I am not YOUR lawyer and I most certainly don't give legal advice on an open internet forum.
Ronvandyn:
--- Quote from: 2 E L O on June 07, 2010, 09:17:57 AM ---I'll just plan on getting a TSA lockbox for the cargo area and locking up the firearm separate from the ammunition. Thank you to all that helped. I appreciate your input.
--- End quote ---
I have a better option for you. I have several of these and they work great! The smaller one works well to store my XD-40 sub and the larger for my Ruger P90DC. I can even fit the spare mag in the box without problems.
http://www.cabelas.com/cabelas/en/templates/pod/standard-pod-wrapped.jsp?id=0045006&navCount=1&parentId=cat20772&masterpathid=&navAction=push&cmCat=MainCatcat602007-cat20772_TGP&parentType=index&indexId=cat20772&rid=
Ronvandyn:
--- Quote from: mizzly on June 07, 2010, 11:53:50 PM ---
--- Quote from: Ronvandyn on June 04, 2010, 02:59:15 PM ---If you are a CCW holder then there is no need to have an Omaha OHP, but as it stands right this moment the weapon must be registered in Omaha.
Ron
--- End quote ---
I hope you are talking about Omaha residents needing to register there weapons & not visitors from other counties & states?
--- End quote ---
Unfortunately yes, that?s what I mean. Don?t shoot the messenger please. If I read the law right and paid attention in class, to open carry in Omaha your weapon must be registered in Omaha. At least until such time as the current law is rescinded.
On a side note, Title 18 USC, Ch. 44, para. 926A address? transportation of a firearm, and not open carry. They are two different things. At least that?s my read of the laws involved, but I am not an attorney so please take that with a grain of salt. I would be very careful about this area and make sure to research the topic very thoroughly before making a decision to open carry in any other state than mine.
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