General Categories > Laws and Legislation
Am I Breaking the Law?
rugermanx:
Personally I carry my pistol in a pelican case with my ammo in a separate box. I chose the pelican for quality and with the thought that it would be TSA accepted as well. But you could simply get a doskosport and snap a masterlock on the outside. (not saying don't get the CHP I strongly recommend that). I talked to a lawyer at some point that was explaining that 1 inch of a gun being carried openly could be considered concealed so I took that to mean that the above story was plausible. So with all that in mind I chose not to ask for trouble considering my luck. (murphy's law: if it can go wrong it will.)
SemperFiGuy:
Shooters tend to search for the Clearly Written Black and White about issues like handgun transport, open carry, and so forth.
However, they search in vain. The Devil is in the Details and very few of the details are actually written down any where. When they are written in the law, they vary all over the jurisdictional maps, with inconsistency and confusion being the only constant.
Other significant variables are (a) the arresting LEO, (b) the LEOs superiors (who may or may not push the violation), (c) the prosecuting attorney's office and case backlog, (d) your lawyer's skills and knowledge, and (e) the judge.
Wish it weren't so. But it is.
Best case is to do the maximum: unload everything, break the handgun down into components, lock everything in a locked and inaccessible place, like the trunk. And keep the ammunition both separate and locked.
And get a CHP. Open carry is a Fine Theory. [But......You will meet a lot of LEOs whose excitement level is heightened and whose hands are right close to those Glock .40S&Ws. And you might well eat some gravel before it's all straightened out.]
Anything less increases the risk to the Shooter.
sfg
Dan W:
Nebraska law defines a concealed handgun.
And I am not lawyer and I know this. Note the "capable of being seen" language.
Thus the Walgreen's defender was not charged with concealed carry in that defensive shooting.
Even Marty Conboy referred to this statute when asked why no charges were to be brought
--- Quote ---69-2429. Terms, defined.
For purposes of the Concealed Handgun Permit Act:
(1) 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;
--- End quote ---
Famous556:
--- Quote from: Dan W on May 10, 2012, 07:54:54 PM ---Nebraska law defines a concealed handgun.
And I am not lawyer and I know this. Note the "capable of being seen" language.
Thus the Walgreen's defender was not charged with concealed carry in that defensive shooting.
Even Marty Conboy referred to this statute when asked why no charges were to be brought
--- End quote ---
I realize that this thread is over a month old, but I wanted to clear this up. I also searched through news stories and couldn't find an answer to this specific query.
Wasn't the gentleman in that case INITIALLY charged with carrying a concealed weapon without a permit? As I recall he was charged initially then JMD successfully argued this and the charges were dropped at that point.
AAllen:
OPD refered it to the prosicutor without arresting, JMD argued the case in the press before anything could be done by the prosicutor and he decided not to press charges as per Dan's comment.
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