Notify peace officer question...

[RobertH]

hypothetical situation.... my wife (non-CHP) gets pulled over.  im the passenger (front seat or back seat) and i'm carrying.  do i have to tell him right away or wait until he asks for my license?  i know i have to notify upon contact, but in this situation, when does contact occur?

[SemperFiGuy]

Two Possibilities:

(A)  Very Narrow Construal of the Word "Contact"
CHP holder does not say anything at all about handgun.   Until 20 minutes later in the stop when the officer--for whatever reason--directly speaks to the CHP holder and then finds out the fact and presence of the handgun.


(B)  Rather Broad Construal of the Word "Contact"
CHP holder informs office immediately of handgun.


Neither the law nor the regulations are totally clear here.    But......were it I.....the option of choice would most definitely be Option B.


sfg

[NE Bull]

Neither the law nor the regulations are totally clear here.    But......were it I.....the option of choice would most definitely be Option B.

sfg

I have always wondered also, (I have yet to need to) I've always figured I too would lean toward option B.  Of course, when I'm with family the officer would be handed multiple permits.

But.... what if... You are with folks that; 1. don't know you carry/are carrying, and/or 2. don't need to/ rather not have them know your CHP status?  I wonder if a fella could just slip the officer your permit and hope that he would ask you out of the car to discuss your status away from others?
Like say I'm on an outing with youth group, traveling, I really don't need the kids or  the parents knowing.

 IDK, just thinking aloud.

[sparky]

But.... what if... You are with folks that; 1. don't know you carry/are carrying, and/or 2. don't need to/ rather not have them know your CHP status? 
[/quote]
Good chance that if its in Ralston that they may disarm you while the stop is happening. This happened to me a while back when my car broke down and I was just waiting for my wife, I also know another person that was disarmed while stopped so It may be some sort of procedure in that jurisdiction.

[RLMoeller]

Ralston does have a Mayor that is a member of MAIG.

[RobertH]

thanks for the replies.  my wife and i were talking about this and i couldn't find anything to solve our question, but i guess i'd do Option B.

[armed and humorous]

Another thing to consider along these lines is the definition of carrying concealed.  As I read it, if you have a handgun in your glove compartment, or concealed anywhere else in your vehicle (other than on your person), everyone in the vehicle is considered as carrying concealed.  Therefore, if your wife (or other passengers) do not have a CHP, they are guilty of carrying a concealed weapon.  If the handgun is on your person, then other passengers are not considered to be carrying.  This is another section of the law that needs to be addressed, unless I'm missing something.

[bullit]

"As I read it, if you have a handgun in your glove compartment, or concealed anywhere else in your vehicle (other than on your person), everyone in the vehicle is considered as carrying concealed"

I don't think that is an entirely accurate conclusion.  An example of your comment not being correct would be the discovery of an "illegal substance" (outside of "Mary Jane") in ones vehicle.  It may well belong to the passenger in the front seat or the hitchhiker in the back you picked up at mile marker 265.  Should they be in denial it is theirs you most likely will be the only one taking the ride.  In short, you da' Captain of the ship.....
Furthermore, in the criminal court of "beyond a reasonable doubt", the DA is really going to have a hard time proving who was legally or illegally carrying concealed.  Then there is the final issue of federal transportation of a firearm laws i.e. loaded, cased, locked, etc.

[armed and humorous]

28-1212. Presence of firearm in motor vehicle; prima facie evidence.

The presence in a motor vehicle other than a public vehicle of any firearm or instrument referred to in section 28-1203, 28-1206, 28-1207, or 28-1212.03 shall be prima facie evidence that it is in the possession of and is carried by all persons occupying such motor vehicle at the time such firearm or instrument is found, except that this section shall not be applicable if such firearm or instrument is found upon the person of one of the occupants therein.

[armed and humorous]

bullit:

I can't say for sure, but I think you're wrong about other illegal substances, too.  While the judicial system may have the option of going after the driver of the vehicle, I believe in the eyes of the law, all persons in the vehicle are subject to prosecution.  This may be the case even if one person opts to take the fall for it.  At least, I wouldn't bet my good reputation on your assessment of the situation.  I'm not trying to be critical, just presenting my opinion for whatever it is worth.

[unfy]

You're in the vehicle, the vehicle was stopped by an officer.

You are now being detained by the officer... even if you're not the driver.  do you think you can just get out of the vehicle and walk away ?

option (b), always declaring/informing is your best bet.

[bullit]

a and d....

Thanks for the feedback.  Interesting.  That being said, would it be considered illegally "possessed/concealed" if properly locked up, unloaded, etc. e.g.. going to the gun range? (Rhetorical question).  Most fascinating given there is nothing disallowing open carry in Nebraska. 

[unfy]

bullit: city of omaha has some rules concerning open carry... careful.

Concerning 'concealed in a vehicle':

When transporting a weapon in a vehicle it is considered a concealed weapon when it is concealed in a manner readily accessible to the driver or passenger of the vehicle.  The firearm must be unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible  from the driver/passenger compartment of such transporting vehicle.

Also, for a more generic firearm transportation:

TRANSPORTING FIREARMS FROM ONE STATE TO ANOTHER
We do suggest you check with the state that you will be entering to determine what their firearm regulations are, but under most circumstances guns can be  transported 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 the transporting of the firearm it is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the driver/passenger compartment of such transporting vehicle. 

If you don't want the weapon 'concealed', and you want to be generally acceptable for just about every State out there - the weapon and ammo goes in the trunk.  Weapon should be unloaded, and I'd even go as far as to keep the magazines unloaded.  Weapon & ammo should probably also be separate bags / boxes.


edit: the above info was from: http://www.lincoln.ne.gov/city/police/pdf/gun.pdf

[bullit]

Unfy....Omaha doesn't count...