NFOA MEMBERS FORUM
General Categories => Carry Issues => Topic started by: 66bigblock on January 26, 2012, 11:53:50 AM
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Remind me again please:
How far does the conceal carry law go when carrying in my personal vehicle? Can I have a loaded handgun in the console or glove compartment? What about in my get home bag that is in the back seat? I know that I cant have a loaded shotgun in the vehicle due to Nebraska laws, but what about unloaded and under the back seat?
As I set up my vehicle with more survival gear, these are questions I am considering.
Thank you
66bigblock
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With a CHP you can conceal any where you've mentioned above. A visit to the NSP website has the law. With regards to the shotgun, there is an obsure law that disallows a loaded on in the vehicle. This does not apply to centerfire or rimfire long rifles.
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The loaded shotgun ban was implemented to try and stop road hunting (at least I think that was the reason for it).
You can carry any other loaded firearm anywhere in your vehicle you want if it is plainly visible. If it is totally hidden (from all directions), you would have to have a CHP to carry it legally (regardless if it was loaded or not). Now that I think about it, the CHP Act only applies to handguns. Therefore, a rifle or shotgun hidden under the seat might still be considered carrying a concealed weapon. I'll have to check some more on that, but I don't have time at the moment. Maybe someone else knows for sure. I know if it was locked in the trunk or other compartment and unloaded you would be okay, but hidden, loaded, and not locked, not sure.
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The loaded shotgun ban was implemented to try and stop road hunting (at least I think that was the reason for it).
You are correct, it was also looked at as a safety issue since many pheasant hunters will walk one feild then a group get into a vehicle and move to another and there were several discharges as people were moving into/out of vehicles or simply moved wrong in a vehicle that was overcrowded.
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I posed the question about the long guns being totally hidden say under the back seat of a pickup to the State Attorney Generals Office once and was told that the concealed law only applies to handguns. I rifle and shotgun under the back seat would not be considered concealled. No the ordinary officer on the street may not understand this, but it is how the AG's office interprets it.
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In my old truck I had a gun box under the back seat of an extended cab truck and also a gun shelf that went right above the windshield. I showed it to a trooper one day asking his opinion and he saw nothing wrong with it.
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The state statute does not specifically state handgun as the only firearm that might be considered a concealed weapon, but it does say that conviction for carrying a concealed weapon is based upon the fact that the weapon was concealed on the person (not under the seat of your truck). Keep in mind, that in Lincoln, a firearm cannot legally be left for more than 24 hours in an unattended vehicle. So, if you're not going to be driving again any time soon, you risk violating a gun law by leaving your gun under the seat (or anywhere in the car).
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My understanding is that a gun in the glove box is in the possession of everyone in the passenger compartment. This is similar to drugs, where if the cops find them in the passenger compartment, and nobody admits to it, everyone in the car can be arrested for possession.
If you are going to conceal a handgun in your car and have a passenger that does not have a CHP, that passenger could technically be guilty of possessing a concealed weapon.
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I believe you are correct if no one claims it. As long as you claim it there shouldn't be a problem. It's a potential problem when you are the permit holder, leave the vehicle, and those still in the car do not have a permit.
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I wouldn't rely on "claiming it" to protect fellow passengers if you have a gun concealed in the car anywhere other than on your person. On your person, it's considered yours, anywhere else (accessible to passengers) it belongs to all. Now, that's not to say that telling a LEO that the gun in the overhead console belongs to you (assuming you're driving and it's your car) won't work. However, if you for example are riding with a convicted felon, and the officer wants to make the case that the gun in the glove box was in possession of said felon, he'd probably have a case. It would depend on the circumstances and the temperment/disposition of the officer involved.