General Categories > Laws and Legislation
Offical contact?
Rob B:
To clarify was never asked for ID, but took name and address:( Also my gun was locked in car at time so I wasn't carring, but could have been
sparky:
Shaggy, I would love to hear more about that...
SemperFiGuy:
When in doubt, let's look it up:
NAC.272
002.05
"Contact with a peace officer shall mean that the permit holder has been stopped, detained, questioned, or addressed by a peace officer for an official purpose or in the course of his or her official duties."
019.02 sez CHP holders officially contacted.......must immediately inform....the peace officer...of the concealed handgun.
Two times I wuz stopped, both while not carrying, I told 'em, "I have a lawful concealed handgun permit and I am NOT CARRYING AT THIS TIME. REPEAT: NOT CARRYING." Seems to have addressed the situation OK.
sfg
OnTheFly:
For posterity, here is the entire law with emphasis added...
--- Quote ---69-2440. Permitholder; duties; contact with peace officer or emergency services personnel; procedures for securing handgun.
(1) A permitholder shall carry his or her permit to carry a concealed handgun and his or her Nebraska driver's license, Nebraska-issued state identification card, or military identification card any time he or she carries a concealed handgun. The permitholder shall display both the permit to carry a concealed handgun and his or her Nebraska motor vehicle operator's license, Nebraska-issued state identification card, or military identification card when asked to do so by a peace officer or by emergency services personnel.
(2) Whenever a permitholder who is carrying a concealed handgun is contacted by a peace officer or by emergency services personnel, the permitholder shall immediately inform the peace officer or emergency services personnel that the permitholder is carrying a concealed handgun.
(3)(a) During contact with a permitholder, a peace officer or emergency services personnel may secure the handgun or direct that it be secured during the duration of the contact if the peace officer or emergency services personnel determines that it is necessary for the safety of any person present, including the peace officer or emergency services personnel. The permitholder shall submit to the order to secure the handgun.
(b)(i) When the peace officer has determined that the permitholder is not a threat to the safety of any person present, including the peace officer, and the permitholder has not committed any other violation that would result in his or her arrest or the suspension or revocation of his or her permit, the peace officer shall return the handgun to the permitholder before releasing the permitholder from the scene and breaking contact.
(ii) When emergency services personnel have determined that the permitholder is not a threat to the safety of any person present, including emergency services personnel, and if the permitholder is physically and mentally capable of possessing the handgun, the emergency services personnel shall return the handgun to the permitholder before releasing the permitholder from the scene and breaking contact. If the permitholder is transported for treatment to another location, the handgun shall be turned over to any peace officer. The peace officer shall provide a receipt which includes the make, model, caliber, and serial number of the handgun.
(4) For purposes of this section, contact with a peace officer means any time a peace officer personally stops, detains, questions, or addresses a permitholder for an official purpose or in the course of his or her official duties, and contact with emergency services personnel means any time emergency services personnel provide treatment to a permitholder in the course of their official duties.
--- End quote ---
From how I read this...
1) If you are not carrying, you do not have to inform said officer or provide your CHP. Is it a good idea to do it regardless? Maybe...at least I don't think it would hurt.
2) "Contact" includes when the officer "addresses a permitholder for an official purpose". Sounds like to me if the officer says anything more official than "Good morning", then you might want to be thinking about advising the officer.
3) You only have to carry your CHP when you have a concealed firearm on your person. So would providing your CHP during official contact constitute "informing" the peace officer? Okay...maybe that last one is stretching it. ;D
Fly
shaggy853:
--- Quote from: sparky on February 21, 2011, 02:35:09 PM ---Shaggy, I would love to hear more about that...
--- End quote ---
its rather lengthy.
I was on my motorcycle and it was with a State Patrol officer i have a history with. I was pulled over for speeding. i stopped, shut off the bike, put the kick stand down and put my hands out. as the officer approached i turned my head around and told him that i had a concealed permit and that i was carrying. he immediately drew his firearm and took cover behind the door of his cruiser and called for backup. he then ordered me off of the bike and onto my knees with my legs crossed. several minutes later 4 other officers arrived. He then ordered me to the ground, handcuffed me with his knee in my back and then disarmed me. he unloaded the firearm and took my wallet. he then asked me how i had a concealed permit with a flight to avoid arrest on my record, i informed him that i obviously wouldnt have a concealed permit with that on my record. he continued to accuse me of running from his sargent, etc. as he put me into his car he told me that he was going to do everything in his power to get my CHP taken away from me.
after he got into the car i asked him what the problem was with me having a CHP, he told me that i shouldnt be carrying on the motorcycle because if someone sees the gun it could create a panic. i told him that didnt make any sense to me at all since NE has an open carry law. he told me that i was not responsible enough to have it and that i could create a distraction for other drivers and that was against the law. I was completely speechless at this point.
He then asked how he knew my face if I wasnt a fugitive. I reminded him that he had pulled me over several times in the last 7 years and falsely detained and accused me of being on drugs, running drugs, stealing property, etc. and told him what else i drove. He remembered me at that point, wrote me a speeding ticket and he went on his way.
As a side note, I keep my firearm in a IWB holster right above my right butt cheek where my wallet is. I refuse to reach for my wallet for my ID and CHP in case the officer had somehow spotted the firearm while i was riding. I have never been spotted when wearing my riding jacket, but I dont want to take chances with officers like him.
With this said, I have had no other issues with officers and my CHP. They are usually pretty careless with the firearm, throwing it onto the hood of their car and such, but thats common from what ive seen.
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