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General Categories => Carry Issues => Topic started by: Phisher34 on March 30, 2013, 05:52:09 PM
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Quick question, I have recently received my CCW and do a lot of driving for my job. I have some comfortable IWB holsters but nothing helps after a few hours.
I have looked online for the Nebraska State laws regarding CCW while in an automobile and don't see anything that specifically mentions having the loaded handgun in a glove compartment or center console while driving. This is what I found:
Automobile carry:
Non-permit holders: Shotguns must be unloaded. Loaded rifles & handguns may be in plain view or stowed in the trunk. Unloaded handguns may be transported in locked glove compartments.
Anyone know the law regarding this? This would be while driving, so not if I exit the vehicle. The reason the above statement is confusing to me is if the handgun is on your person it is not in plain view (assuming it's concealed).
Thanks
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I don't recognize the text you quoted, and in my opinion, it is not correct about non-permit holders concealing a handgun in a glovebox, but if you have a valid Concealed Handgun Permit you can conceal it anywhere in your vehicle you would like
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I don't recognize the text you quoted, and in my opinion, it is not correct about non-permit holders concealing a handgun in a glovebox, but if you have a valid Concealed Handgun Permit you can conceal it anywhere in your vehicle you would like
Thanks Dan,
You're right -- I checked that source and it is from:
http://www.usacarry.com/nebraska_concealed_carry_permit_information.html (http://www.usacarry.com/nebraska_concealed_carry_permit_information.html)
So just someone's summary, not actual legal text.
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I searched for the glove box thing.
It appears frequently in a lot of places...but the dates are old (around 2001).
Don't see anything similar in NE statues. Except a section about CCW allowing a permit holder to put a handgun in a locked glove box before exiting a vehicle in a parking lot to a place where carry is not permitted.
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There is a definition in the law of what a concealed handgun is. We had it added to a CHP clean up bill (that I forget the number)
I am paraphrasing here, but it states that a handgun is not concealed if any portion of it is capable of being seen.
So by inference, I would have to believe that if it is totally hidden from the possibility of being seen, it is a concealed weapon. Therefore a pistol in the glove box is concealed.
Loaded or unloaded is irrelevant.
BTW , no shotgun may be legally transported while loaded, with or without a permit, because it violates game hunting laws
Edit to add:
I found the statutory definition
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;
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Phisher34
If you have a CHP [which you clearly said you do], you can conceal a handgun anywhere on your person or in your auto, including the glove box, console, map compartment, under the seat, over the visor, behind your seat cushion, or any other readily accessible area.
Such personal concealment is what the Concealed Handgun Permit Act is all about.
Permits concealed handguns.
sfg
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Just be aware that if it is in your center console then it belongs to everybody in the car. So if you have passengers that don't have their CHP I'd recommend not having it there. Get pulled over by the wrong LEO and your passenger(s) could be in for some not so fun times.
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Since the future is always unknown (which is why you carry in the first place), it's always best for you to have control over your weapon. That means carrying it on your person. Even when you're driving. If you keep it in the console, will you leave it there when you go into a quick shop or rest area? If you get into a little fender bender or when you put gas in your car, will you think to put it in your pocket before you get out of your car? If you get in a wreck and are hauled off unconscious, do you want your weapon available to anyone who might reach inside your vehicle? (EMTs know the procedure for dealing with your handgun by the way, if it's on your person.)
If your IWB holster makes you uncomfortable when you drive (as mine does), find a different holster. If you will be wearing a jacket, there is no better holster than a strong side hip holster. Unfortunately, if you wear a vest instead of a jacket, everyone will know you're carrying (that's why vests are called shoot-me-first vests).
Some holsters allow side carry with an untucked shirt of even a sweatshirt or T shirt. The best I've found for that are from a company called Cross Breed (crossbreedholsters.com). (I don't have stock in the company or anything by the way.)
Also keep in mind that if you go to a practical pistol competition, everyone (or almost everyone) will be using strong side hip holsters. And in the world of self defense, sometimes quick access does make the difference between life and death, because criminal predators are not always as stupid as we like to think they are, so often people find themselves suddenly in the middle of a life and death struggle before they know what's happening.
Another very good option is the Smart Carry line (smartcarry.com). These will allow you to carry something like a Glock compact or subcompact, with an extra full size magazine. Some people find these very comfortable, even while sitting, and the weapon is very accessible. And you don't need a jacket or vest or even a shirt. (I don't have stock in this company either.)
No good reason to leave it in the console in other words. And there are good reasons not to.
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The best I've found for that are from a company called Cross Breed (crossbreedholsters.com).
I dont own many CC holsters but i do like my crossbreeds
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Just be aware that if it is in your center console then it belongs to everybody in the car. So if you have passengers that don't have their CHP I'd recommend not having it there. Get pulled over by the wrong LEO and your passenger(s) could be in for some not so fun times.
00Buck: You beat me to it.
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018.06 Except as prohibited by federal law, a permit holder may carry a concealed handgun in a vehicle or on his or her person while riding in or on a vehicle into or onto any parking area which is open to the public and used by any of the places or premises listed in Section 018.01 above if the handgun is not removed from the vehicle and the handgun is properly secured in the vehicle before the permit holder exits the vehicle. To be properly secured in the vehicle, the handgun must be locked inside the glove box, trunk or other compartment of the vehicle, in a storage box attached to the vehicle, or in a securely attached hardened compartment if the vehicle is a motorcycle.
This statute was copied and pasted from the NSP website. Anyone carrying or leaving his weapon in his console or anywhere else in a vehicle should read it, especially the part about the handgun being "properly secured."
I assume that the requirement of being "locked inside" is not met simply by the car being locked; does anyone have any clarification on this?