Nebraska Law - Definition of a "Handgun"

[SeanN]

So I've been doing some poking around and apparently this is the definition of a handgun, according to Nebraska legislation: "any firearm with a barrel less than 16 inches long or any firearm designed to be held and used with a single hand."

Notice the usage of "or." So, based on this wording, any short-barreled rifle or shotgun under 16" of barrel length would be a handgun. And thus, concealable with a concealed carry permit. Is this a correct reading of the law?

I realize that federal firearms law regulates short-barreled rifles and shotguns and you would have to apply for the NFA tax stamp... However, if you had that, and you concealed a 11.5" barreled AR15 rifle under a trench coat and walked down the street, it seems you would not be breaking the law.

Also, by that definition, I could concealed carry some kind of ridiculous 20" barreled handgun that was designed to be fired with one hand and it would be legal.

Am I reading this completely wrong or is that actually how it is written?

Edit: This may be more suitable in the "Carry Issue" or "Legal" sections of the forum. Feel free to move, if necessary, moderators.

[SemperFiGuy]

SeanN:

Nobody really knows how this issue would ever be interpreted by a court until it actually winds up in court somewhere and gets decided.

First, depends on the Law Enforcement Officer [LEO] who stops you and however the LEO writes it up.    Many LEOs don't really know the law to this very fine level of detail.   How could they?   How could the LEO know the intention of the firearm designer?    [Recall the Thompson Contender case and how it dragged out.]   So--The LEO might just sweep everything into her net and dump the whole catch onto the sergeant's and captain's desk for their resolution.   

Second, depends on the Sergeant and Captain, who both read the report and send it forward to the prosecutor's office.

Third, depends on the mood and interpretation of the prosecutor in whatever city or county the stop was made.    [How busy are they this week??   How big a backlog of cases do they have??   Who is coming back from vacation or sick leave to handle this case??] 

Fourth, depends on the knowledge, experience, and ability of your lawyer.   [This kind of issue is very rare; might require time for research.   How busy is the lawyer's office?]

Finally, depends on the trial judge's perspective on the whole scenario.

It's not the kind of issue that's clearly defined down to the fourth decimal place.


So---any pushing of the definitions to the limits raises the risk to the pusher.   Wouldn't want to be the test case on this one.


FWIW-----


sfg

[bkoenig]

I think it would be awfully hard to argue that an SBR with a shoulder stock and forend is designed to be used with one hand, regardless of barrel length.

[SemperFiGuy]

Geez, bkoenig..............

There you go again.

So---What IF the owner of a 25-3/4" folding stock SBR had duly filled out BATF Form 4, paid his $200, got his stamp, had not crossed a state line without first notifying the BATF on Form 5320.20, had not stopped in a state which prohibits SBRs, and had not taken the SBR into international waters, and was a......... One-Armed Guy??

Rifle, Short Rifle, or Pistol??   What if it was a Smoothbore?

I'll bet the BATF and its minions could still issue a ruling.

Ya think?


sfg[PS-I've heard that some SBR owners have learned so much law by reading up that they have been able to pass the bar exam in most states.   Without a law degree.

PPS-Did you see that Ayn Rand movie?]

[bkoenig]

Well, in a truly free country the length of your barrel or how many grips/flash hiders/shoulder things that go up/ you have shouldn't matter.  It's funny how the "common sense gun laws" the anti's like to espouse are anything but.

I did see the movie.  I was disappointed:
http://nebraskafirearms.org/forum/index.php/topic,3576.msg26507.html#msg26507

[SemperFiGuy]

Here's the Story as I've Heard it Said:

Back in the 'Thirties it became clear that the 18th Amendment, the Volstead Act, and Prohibition didn't work.   Led to wholesale violation of the drinking laws, the Purple Gang, Al Capone, amassed wealth for Joseph P. Kennedy, Sr., etc., etc.

So they just repealed it all.   But then they started passing exceedingly strange, aggravating, and incredibly ridiculous liquor laws to annoy the living daylights out of the Ordinary Everyday Drinker.

So now the philosophical descendants of those same folks are writing the Firearms Laws and enforcing both likker and firearms laws all by one wunnerful agency:   the BATF.

Thereby annoying the living daylights out of the Ordinary Everyday Shooter.

No need to mention that this strategy is really working for them very well.

sfg

[SeanN]

I think it would be awfully hard to argue that an SBR with a shoulder stock and forend is designed to be used with one hand, regardless of barrel length.

Notice the definition says "OR". It does NOT need to meet both conditions, either one or the other. It says barrel shorter than 16" in length OR designed to be fired with one hand.

[SemperFiGuy]

SeanN, et.al.

But Wait, There's More!

The Feds also have a say-so about the definition of a pistol.

Here's theirs:

27 Title USC
Part 479, Subpart B
479.11   Meaning of Terms
Pistol. A weapon originally designed, made, and intended to fire a projectile (bullet) from one or more barrels when held in one hand, and having (a) a chamber(s) as an integral part(s) of, or permanently aligned with, the bore(s); and (b) a short stock designed to be gripped by one hand and at an angle to and extending below the line of the bore(s).

Above definition applies to semi-automatics and single-shot devices.

Here's the definition for revolver:

Revolver. A projectile weapon, of the pistol type, having a breechloading chambered cylinder so arranged that the cocking of the hammer or movement of the trigger rotates it and brings the next cartridge in line with the barrel for firing.


Nuthin' about no length-of-barrel anywhere above.    And--apparently--the Feds allow use of both hands for revolvers.   They are downright permissive compared to Nebraska law.


Offered FWIW.


sfg

[SeanN]

SeanN, et.al.
Snip

I agree, the Feds do have a significantly different definition. I'm mostly trying to address Nebraska law and CCW in Nebraska. From what I understand, CCW laws are the jurisdiction of the state, not the feds. That is why we have a lot of states that still do not have CCW permitted (even though they should!).

By NE law, any firearm with barrels shorter than 16" is a handgun! That means we can concealed carry anything with a short barrel, it seems! As long as it is not breaking federal law and we have the necessary tax stamps to own said firearms. Is that incorrect?

By Federal definitions, they don't care if you have an AR-type pistol with a 24" barrel, it's still a pistol in their eyes as long as it doesn't have a stock and as long as it doesn't have a vertical foregrip.

[justsomeguy]

That's how I read it.