General Categories > Laws and Legislation
Am I Breaking the Law?
whatsit:
I live in Lincoln. I shoot in Lincoln. I don't have a concealed carry permit.
Something occurred to me while I was moving my range bag from a friend's car to my own. Am I breaking the law by having my pistol "concealed" in my range bag? Can a walk across a parking lot with a pistol in a bag be considered breaking the law? For that matter, when I move my range bag from my trunk; into the shooting range -- same question: is this "technically" illegal?
I must be over thinking this -- otherwise a cop could sit outside of Thunder Ally and write tickets all day long!
I'll be interested to hear your input oh wise ones. ;)
JimP:
What is "concealed" and what is not seems to be up to the discretion of the LEO on scene, and then up to the prosecutor, if he wants to push it. Either you can get your CHP, or you can hope Officer Friendly does not call in sick and Officer Ramrod or worse yet, Officer Onlyone fills in for him..... you pays yer money and takes your chances .......
SemperFiGuy:
One factor to be considered is the location of the ammunition during transport.
Any of these conditions:
Round loaded in chamber and slide down.
Cylinder fully loaded.
Loaded magazine inserted into the magazine well (even if chamber is empty)
Loaded magazine/speedloader in same case as empty handgun.
describes a handgun ready to be drawn and fired, even if in a bag in the trunk. It's a concealed weapon, rather than a handgun in transport mode.
Best to transport the handgun completely unloaded, with a cable gun lock through the bore or magazine well. All in a locked hard sided handgun case. And all ammunition likewise separately transported in a different locked case.
Then all locked cases go into the locked trunk.
Anything less than this locked-empty-and-locked-in-trunk condition makes it easier for the LEO to decide to write you up and harder for your attorney to win your case.
Getting your CHP negates all the above.
Of course, if you should get busted first, then a CHP is off the table for about ten years. And Bye-Bye forever to that Custom Kimber Commander.
sfg
DaveB:
Since it's Lincoln, is it illegal to carry a gun in plain sight while transporting it to the range? I didn't think it was illegal to have a gun in the state if it is not concealed, as far as I know, it's still legal to have a loaded gun on the seat next to you without a concealed permit.
bullit:
There is NO LAW forbidding the Open Carry of a handgun in the state of Nebraska. Omaha has made up a law (that someone with big bucks can challenge the consitituionality of it) that one must have a permit issued by them to Open Carry in Omaha.
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