Author Topic: Conceal Carry question. (Read 4799 times)

bwarner · « **on:** March 23, 2013, 12:39:27 PM »

Reading the Administrative Code Charter 21 for conceal carry.Are you considered by law a conceal carry if the weapon is in a locked safe in your car that you occupy?

Dan W · « **Reply #1 on:** March 23, 2013, 12:44:18 PM »

Loaded and in the passenger area, probably

bigdog · « **Reply #2 on:** March 23, 2013, 10:32:24 PM »

Quote from: Dan W on March 23, 2013, 12:44:18 PM

Loaded and in the passenger area, probably

Agreed

RedDot · « **Reply #3 on:** March 23, 2013, 10:48:50 PM »

I'd always heard if it wasn't unloaded, locked up, and out of reach, it was a problem.

depserv · « **Reply #4 on:** March 29, 2013, 10:17:19 AM »

You'd think that as long as there is no practical way you could use the weapon to defend yourself, those who have no respect for the right to bear arms wouldn't have a problem with it. But that assumes common sense being part of the law, which is a really big assumption. So it's best to not take any chances.

Tacticoolio · « **Reply #5 on:** April 22, 2013, 04:25:09 PM »

So a hypothetical here...
If I'm out and about and a friend calls to meet up for a drink, I would lock up my pistol in my truck. After a drink, I drive home (just one drink, with food). Since there is alcohol in my blood, I can't legally carry a concealed firearm.
With the pistol locked in a case secured to my truck's center console, am carrying a concealed handgun or not???

SS_N_NE · « **Reply #6 on:** April 22, 2013, 06:33:23 PM »

Quote from: Tacticoolio on April 22, 2013, 04:25:09 PM

locked in a case secured to my truck's center console

My guess is that it doesn't meet the "out of reach" part of fiream transportation.

JTH · « **Reply #7 on:** April 23, 2013, 08:58:52 AM »

Quote from: Tacticoolio on April 22, 2013, 04:25:09 PM

So a hypothetical here...
If I'm out and about and a friend calls to meet up for a drink, I would lock up my pistol in my truck. After a drink, I drive home (just one drink, with food). Since there is alcohol in my blood, I can't legally carry a concealed firearm.
With the pistol locked in a case secured to my truck's center console, am carrying a concealed handgun or not???

That depends on whether or not you unloaded it, and stored the ammunition separate from it.

Tacticoolio · « **Reply #8 on:** April 23, 2013, 05:03:10 PM »

Quote from: jthhapkido on April 23, 2013, 08:58:52 AM

That depends on whether or not you unloaded it, and stored the ammunition separate from it.

In this case, the driver did not unload the pistol.

So this driver would have to rely only on the 4th Amendment protections against searches, and he'd need to remember that if ever asked to submit to a vehicle search.

Mudinyeri · « **Reply #9 on:** April 24, 2013, 09:11:59 AM »

Quote from: Tacticoolio on April 23, 2013, 05:03:10 PM

In this case, the driver did not unload the pistol.

So this driver would have to rely only on the 4th Amendment protections against searches, and he'd need to remember that if ever asked to submit to a vehicle search.

Although, with alcohol on the driver's breath, the officer might make a case for probable cause if, let's say, the driver had a NRA or NFOA or similar decal on his or her vehicle.

JTH · « **Reply #10 on:** April 24, 2013, 11:20:30 AM »

Quote from: Mudinyeri on April 24, 2013, 09:11:59 AM

Although, with alcohol on the driver's breath, the officer might make a case for probable cause if, let's say, the driver had a NRA or NFOA or similar decal on his or her vehicle.

I'm thinking that one would fail horribly badly in court if it even got that far, and the officer and department would end up getting sued, and lose.

(Having a sticker isn't grounds for anything, and just because someone has alcohol on their breath doesn't justify a search of locked containers in a vehicle.)

JimP · « **Reply #11 on:** April 24, 2013, 08:19:57 PM »

Quote

Having a sticker isn't grounds for anything, and just because someone has alcohol on their breath doesn't justify a search of locked containers in a vehicle.)

You don't have to have any stickers: A week ago Sunday, I got pulled over in Papillion by a Sarpy County Deputy for a headlight out. He asked me if I had my gun, and if so, where was it, and said he asked because it came up when he ran my plates, it came up ...... if I'd have had even a little alcohol on my breath, I'd have been in the soup.

HuskerXDM · « **Reply #12 on:** April 24, 2013, 08:25:03 PM »

Quote from: JimP on April 24, 2013, 08:19:57 PM

You don't have to have any stickers: A week ago Sunday, I got pulled over in Papillion by a Sarpy County Deputy for a headlight out. He asked me if I had my gun, and if so, where was it, and said he asked because it came up when he ran my plates, it came up ...... if I'd have had even a little alcohol on my breath, I'd have been in the soup.

Was this after he checked your license? I didn't think CHP status was linked to vehicle registration, just to DL number.

JTH · « **Reply #13 on:** April 24, 2013, 11:19:29 PM »

Quote from: JimP on April 24, 2013, 08:19:57 PM

You don't have to have any stickers: A week ago Sunday, I got pulled over in Papillion by a Sarpy County Deputy for a headlight out. He asked me if I had my gun, and if so, where was it, and said he asked because it came up when he ran my plates, it came up ...... if I'd have had even a little alcohol on my breath, I'd have been in the soup.

Doesn't justify a search of locked containers in the car. Again---just because you have a NRA sticker, a CCW permit, or anything at all does not legally justify a search of locked containers in the car just because you have alcohol on your breath.

And as someone else said---it came up when he ran your license, yes? Not your plates.

Again---if you are pulled over for whatever reason, courts have said that police officers are justified in a quick search of areas close at hand to you in the car. If you do not consent to a search, the fact that you have an NRA sticker on your car, a CCW permit, and are wearing a shirt that proudly proclaims the 2nd amendment is the foundation of all other rights, AND have alcohol on your breath, is still NOT sufficient cause for a search of locked containers in your car.

They'll lose that one in court. Badly. And you'll sue the officer, his department, and his municipality for it, and you'll win.

Now, if you have a concealed weapon on your person, and you DO have alcohol in your system, there isn't anything anyone can do to help you. After all, you are in violation of the law, AND the law can (and will) perform a search of your person and your immediate area if they wish.

If you have alcohol in your system, and have a firearm in a locked container, and were smart enough to separate it from its ammunition prior to locking it up, not only are you not in violation of any law, but it would be a violation of your rights if you did not consent to a search and they opened the locked container anyway.

As a comment: never consent to a search. Period. It'll never help you. It isn't like they are going to find anything to get you OUT of trouble.

Don't argue about searches---if they ask, you say no. If they say, "we are doing it anyway," you say "I do not consent to any search. I will comply with your directives, but you do NOT have my permission to search."

abbafandr · « **Reply #14 on:** April 25, 2013, 05:30:48 AM »

Quote from: jthhapkido on April 24, 2013, 11:19:29 PM

As a comment: never consent to a search. Period. It'll never help you. It isn't like they are going to find anything to get you OUT of trouble.

In fact if you consent to a search you gave up your right against illegal search. In court, they will state that you waived your right. Definitely obey their directions, but do not consent to a search!

2guns · « **Reply #15 on:** April 25, 2013, 09:33:22 PM »

Do you give up your open carry rights when you get your CC. I'm saying I can go for a beer or two and drive home with my pistol sitting on the seat next to me no problems , so if you do have a CC then can you chose to open carry ? And avoid the rules of CC?

depserv · « **Reply #16 on:** April 28, 2013, 09:36:58 AM »

On not consenting to a search I agree it probably is a bad idea, but I did once and I think it probably kept me out of trouble.

This was mid 1980s. My friend wanted to leave his car at a dealership for some work and we were driving to an out of town job; it was around 4 AM. I had a .22 rifle in the front seat and a Mini 14 with a loaded 20 round magazine behind the seat in my pickup. A police officer came along and wanted to know what I was doing in a place like that at a time like that. I gave him my reason.

He asked me about the rifle and if I had any other "weapons" in the vehicle. I said no. And of course he asked if he could "look around a little," which of course means will I surrender my 4th Amendment rights. I said OK, believing at the time that "look around a little" meant literally what it said.

He called in 2 other officers and did a full scale search. Found the Mini 14. Asked me if it was full auto (which it wasn't). I had some construction tools that he decided could be classified as weapons.

My friend and I talked to the officers and were respectful and cordial with them. They could tell that we were a couple of working guys. And they let us go on our way.

I never knew if maybe he would have been able to find probable cause to search the vehicle if I had not given him permission. But since I was cooperative he and the other officers decided to let me go.

I wouldn't expect that to happen today. And now I know better than to have one gun in the open and another one hidden, except of course for the one I carry concealed legally. But being cooperative did seem to go a long way toward getting me out of trouble.

00BUCK · « **Reply #17 on:** April 28, 2013, 11:55:19 AM »

Quote from: depserv on April 28, 2013, 09:36:58 AM

did seem to go a long way toward getting me out of trouble.

You were never IN trouble in the first place! You weren't doing anything against the law. I would never give permission to search.

OnTheFly · « **Reply #18 on:** April 28, 2013, 02:49:06 PM »

Quote from: depserv on April 28, 2013, 09:36:58 AM

I never knew if maybe he would have been able to find probable cause to search the vehicle if I had not given him permission. But since I was cooperative he and the other officers decided to let me go.

Just a layman's opinion, but it seems to me if they did THAT thorough of a search and found nothing, then there would have been nothing that would have given them probable cause in the first place. I would assume, that if they had probable cause (smelled alcohol/pot on you, saw something in the car, etc.), they would have just pulled you out and searched. That is why he had to ask.

Fly

bullit · « **Reply #19 on:** April 28, 2013, 04:48:39 PM »

4 reasons to search 1) RAS (reasonable articulable suspicion (they must be able to articulate to the court why they felt search was warranted). 2) Probable cause 3) Incident to arrest (you've been handcuffed and Mirandized sitting in the back of the cruiser) 4) Exigent circumstances i.e. the Boston Terrorists are hiding under your back seat (okay being a little sarcastic hear but that is an example). As has been stated before, you do yourself NO favors by consenting. If you are going to be arrested it is going to happen no matter the "favor" you think you are doing for the LEO. They are fishing otherwise.....