< Back to the Main Site

Author Topic: Transporting Firearms Legally  (Read 9802 times)

Offline lneuke

  • NFOA Full Member
  • **
  • Join Date: Mar 2012
  • Location: Waverly
  • Posts: 124
Transporting Firearms Legally
« on: March 12, 2012, 06:01:04 PM »
I've heard some conflicting things about the transportation of firearms within Lincoln both from friends and from a few "reputable" sources.  A few questions...
-What are the general transport laws in Lincoln? 
-Can I transport them loaded with the magazine in the firearm or separate from it? 
-Does the firearm need to be unloaded (including magazines) and locked in a hard case (unless transported in the trunk)? 
-Can you transport a firearm loaded as long as it is in plain sight?
-Under what circumstances are you required to notify an officer that you have a firearm in the vehicle?


For the record, I've always transported mine unloaded (including magazines), and in the trunk as to avoid any trouble.


Offline bk09

  • Powder Benefactor
  • *
  • Join Date: May 2011
  • Posts: 488
Re: Transporting Firearms Legally
« Reply #1 on: March 12, 2012, 06:41:16 PM »
This is how I have interpreted the laws:
--What are the general transport laws in Lincoln?
Shotguns most ALWAYS be unloaded, nothing in the magazine or chamber. A wrap around butt pad that holds rounds is ok.
-Can I transport them loaded with the magazine in the firearm or separate from it?
As long as they are in the open with no attempt to conceal, or are actually locked and inaccessible. From what I understand it mainly has to be inaccessible to the driver.
-Does the firearm need to be unloaded (including magazines) and locked in a hard case (unless transported in the trunk)?
If you are going to go through the hassle of locking it in a hard case that is not easily accessible then you should not keep the magazines in the firearm itself. But I do not believe there is a law saying you don't have to store it unloaded.
-Can you transport a firearm loaded as long as it is in plain sight?
Yes, and to beat a dead horse, no shotguns.
-Under what circumstances are you required to notify an officer that you have a firearm in the vehicle?
This I am not 100% sure on, I believe if it is accessible. Meaning you have your CCW permit, or are open carrying. I believe I was pulled over once with a long gun in my trunk but didn't feel it was necessary to notify the officer since it was in a case in the trunk.

Offline Dan W

  • NFOA Co-Founder
  • *****
  • Join Date: Oct 2007
  • Location: Lincoln NE
  • Posts: 8143
Re: Transporting Firearms Legally
« Reply #2 on: March 12, 2012, 09:01:54 PM »
Off the top of my head, for Lincoln...

The only legal requirement for notification is regarding CHP holders that are actively carrying must declare during any "official" contact with LEO or EMT.

It would just be stupid not to notify if open carry is involved. Locked in the trunk, I would not bring it up unless asked directly

Don't forget, Lincoln has a ridiculous ordinance that makes it illegal to store a firearm in a vehicle for more than 24 hours at a time.

Plus Lincoln has some other ordinances, unique to the city, that could turn conviction of certain misdemeanor crimes into a felony level firearms possession ban. Make sure you are not prohibited

Nebraska law does not define loaded or unloaded firearms. No requirements to unload the handgun or rifle that I know of, but shotguns can not be loaded or even have that magazine charged while on/in any motor vehicle ( game laws)

The Nebraska's definition of 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. On the street, that definition may not fly far, so err on the side of caution
Dan W    NFOA Co Founder
Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom.   J. F. K.

Offline lneuke

  • NFOA Full Member
  • **
  • Join Date: Mar 2012
  • Location: Waverly
  • Posts: 124
Re: Transporting Firearms Legally
« Reply #3 on: March 12, 2012, 10:20:52 PM »
Thanks for the replies guys, good info on this site

so essentially, I can have a loaded gun in plain view per open carry laws...but If I have a loaded (or unloaded) firearm and it isn't in plain view it has to be in a locked case or in the trunk to keep it from being considered concealed?


totally sensible  ::)


« Last Edit: March 12, 2012, 10:27:50 PM by lneuke »

Offline 00BUCK

  • Powder Benefactor
  • *
  • Join Date: Mar 2009
  • Location: Bellevue
  • Posts: 510
Re: Transporting Firearms Legally
« Reply #4 on: March 12, 2012, 11:52:06 PM »
Well that goes for handguns and rifles, it's not legal to have a loaded shotgun in your car.

Offline lneuke

  • NFOA Full Member
  • **
  • Join Date: Mar 2012
  • Location: Waverly
  • Posts: 124
Re: Transporting Firearms Legally
« Reply #5 on: March 13, 2012, 09:08:25 PM »
Yep, I gathered that much at least. 



Thanks for the replies/clarification