General Categories > Carry Issues
Car carry question
XDHusker:
Hey guys, I'm kind of new around here but I plan to be a lot more active. Especially with all the crazy laws going down. :o
Little back story: OK, I am in the process of appealing my CCW permit. I had an attempted assault misdemeanor conviction in 2008 that the NSP denied me on. They called it a "crime of violence" even though there's no case law to support an attempt as being a crime of violence. I appealed and am still waiting on the appellate judge to rule.
OK, so in the meantime I want to do as much as I legally can to protect myself. I own my own business that's located in a business park. I have my own entrance from the parking lot that's about a 20 feet walk from my office door to where I park. I know I can legally carry concealed at home without a permit, and my understanding is I can legally carry concealed at my office without a permit.
My question is what to do in the car.
I know I cannot carry concealed in the car without a permit, so my plan is to unload my XDs by removing the loaded magazine and placing the gun and magazine together in a locked nanovault that's under my seat.
I work in the wonderful gun rights utopia of Omaha, and live outside city limits, so I believe the city ordinances will be the more restrictive laws that I have to adhere to.
The other gray area I'm not sure about is the short walk from my office to the car. Is that still considered "my property" from a CCW standpoint or am I out in public for those few steps.
I'm really curious to everyone's thoughts on my plight? As you can probably tell I am genuinely trying to stay within the law, but I also want to push it as far as I legally can.
SemperFiGuy:
XDHusker
There's more than one way to skin a cat and more than one way to carry concealed.
Here's a copy of:
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28-1202. Carrying concealed weapon; penalty; affirmative defense.
(1)(a) Except as otherwise provided in this section, any person who carries a weapon or weapons concealed on or about his or her person, such as a handgun, a knife, brass or iron knuckles, or any other deadly weapon, commits the offense of carrying a concealed weapon.
(b) It is an affirmative defense that the defendant was engaged in any lawful business, calling, or employment at the time he or she was carrying any weapon or weapons and the circumstances in which such person was placed at the time were such as to justify a prudent person in carrying the weapon or weapons for the defense of his or her person, property, or family.
(2) This section does not apply to a person who is the holder of a valid permit issued under the Concealed Handgun Permit Act if the concealed weapon the defendant is carrying is a handgun.
(3) Carrying a concealed weapon is a Class I misdemeanor.
(4) In the case of a second or subsequent conviction under this section, carrying a concealed weapon is a Class IV felony.
--------------------------------------------------------------
Which says you may carry concealed without an NE CHP, provided that the "...circumstances......were such to justify a prudent person.....etc., etc."
Now.....some informed discussion and some not-so-informed lively discussion will probably ensure on this forum on this issue from this point. It might be a good idea to hear all of this discussion and then...........
talk to a very firearms-law-knowledgable attorney about the pros, cons, and risks of carrying under the provisions of 28-1202.1(b).
This non-CHP provision is in the law. No one is really sure what it means.
Might work for you. Might not.
Also, you could get an Omaha Open Carry permit [actually, Handgun Identification Card] and carry the fully loaded handgun openly with the gun on your front seat or in an open holster.
sfgPS: You MUST register the handgun with Omaha Police Department if you bring it into the city, since you do not have an NE CHP.
skydve76:
In my opinion, just keep your nose clean pending the appeal. If denied, then just open carry in these situations.
I would expect you will get your permit if you go through the hoops. I would focus your energy there. I was told several times I could not have a permit and then I just went for it and got it no problem. These guys down there play lawyer and in reality have no clue.
What the heck it attempted assault anyways? Care to explain a bit more what happened :)
FarmerRick:
In my opinion, if you are getting denied for a state CHP, you are very unlikely to qualify for a Omaha Open Carry Permit.
Also, I would store the loaded mag in a different spot than in the same container that you store the handgun. Put the mag in the glove box or something. Or just leave the mag in the gun and put it out in the open on the seat next to you, perfectly legal(assuming you register it with OPD...).
From here: http://library.municode.com/index.aspx?clientId=10945
Sec. 20-207. - Firearm training program.
(a)
A training program to qualify persons in the safe use of firearms shall, after review and approval by resolution by the city council, be established and operated by the city, which may contract with private organizations or use the services of other agencies, or may use a combination of the two, to provide such training. Said resolution shall be submitted to the city council on or before December 21, 1993.
(b)
A fee shall be charged each person attending the training program. The city shall set out a reasonable fee, to be set by the city council, after review and approval by said resolution, which shall include the cost of training, to be paid to the licensed training facility, and to the city.
(c)
An identification card on a form approved by the city shall be issued to each person who successfully completes the training program.
(d)
The training program shall consist of eight to ten hours of classroom training and education and two hours of practical firearm operation at an approved shooting range.
(e)
The city shall prescribe such procedures as may be necessary for its operation in conformity with the provisions of this article.
(f)
The city shall have complete control over the training program and shall decide upon the qualifications of all applicants.
(g)
An applicant for the training program shall fill out a form stating his or her full name, social security number (optional), residence, age, whether applicant has ever been convicted of a felony, whether the person is addicted to the use of alcohol or any controlled substance, whether the person has any history of mental illness, and whether the person has ever been convicted of a misdemeanor involving acts of violence.
(h)
The identification card shall be valid for three years from the date of issuance.
(i)
The identification card may be renewed every three years provided that:
(1)
The applicant pays a reasonable recertification fee, as set by the city council.
(2)
The applicant has not violated, or is currently charged with violating, any applicable provision of this Code, state law or city ordinance, rule or regulation during the past three years.
(j)
The identification card may be revoked by the city for the violation of any applicable provision of this Code, state law or city ordinance, rule or regulation, or if the identification card was issued to an unqualified applicant.
(k)
Waivers may granted to those who can provide evidence of satisfactory completion of either a United States armed forces or a nationally recognized handgun firearms training program.
(Ord. No. 33113, § 8, 11-23-93; Ord. No. 34229, § 2, 6-17-97)
Neeco:
--- Quote from: FarmerRick on December 28, 2012, 07:17:28 AM ---
Also, I would store the loaded mag in a different spot than in the same container that you store the handgun. Put the mag in the glove box or something. Or just leave the mag in the gun and put it out in the open on the seat next to you, perfectly legal(assuming you register it with OPD...).
--- End quote ---
It is legal to open carry a weapon in your vehicle? I mean to have a loaded handgun on the seat next to you, if its in plain site? Is this true for Lincoln/Lancaster county?
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