Transporting Handguns and Rifles?

[airboater]

     I don't have a concealed permit.  I have a 4 door pickup, if I put my handgun behind the back seat is it a concealed weapon?  Also are rifles considered concealed weapons if they are hidden under the back seat?  I've been searching for info on this without any luck.

[SemperFiGuy]

Let's Start w/Federal Rules for Transporting Firearms:

18USC926a

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle:

Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

sfg

[airboater]

     So leaving them out in the open is no longer an option?

[SemperFiGuy]

Airboater:

Which them?  Handguns?  Rifles?   Not exactly sure which ones you mean.   But let's work on it some more........

Actually, leaving Everything out in the open is probably the safest approach, legally.   You would then be Open Carrying your handguns, for which there is generally no statutory prohibition, except in Omaha.   The risk of theft would be greater with guns out in the open, unless constantly watched.

And generally, there's no concealed carry issue with long guns.   However, it's best to keep them unloaded and in a case.   Locked case is better.

However, as soon as a handgun is tucked away someplace, either in the auto on on your person, it's concealed.   Which starts causing problems.   

There's an affirmative defense provision for carrying a concealed handgun without a concealed handgun permit in Nebraska, but it's not worth much when defending yourself in court.   Prosecutors can beat it down.   So most folks don't depend on that provision.

Best to dig up the money and go through the NE Concealed Handgun Permit process.   Or carry openly, which has its own associated risks.

These are some early thoughts on this issue.   You are welcome to continue the dialogue.

sfg
Modification:
Might as well throw this stuff in here as well:
 Revised Statutes » Chapter 28 » 28-1202
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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.

[DenmanShooter]

That's federal law regarding transporting across state lines.

Only NE restriction is shotguns can't be loaded (even in the magazine) and that's just a G&P deal.

Otherwise use common sense.

Also don't go robbing any convenience stores.   

[airboater]

    Sorry for the confusion.  I've have owned firearms (long guns) for over 35 years.  I've have always transported my firearms to my shooting location in the cab, never in a locked case.  I acquired a pistol a few years ago and I've always put it behind the back seat unloaded for transport.  I guess I've been storing the handgun wrong. 

[SemperFiGuy]

I guess I've been storing the handgun wrong.

Let's put it this way:   The closer you get to an unloaded handgun in a locked case stored back in the trunk, the less your attorney has to worry about.   (And ammunition stored separately.  Preferably also in a separate locked case.)

You don't have a trunk, so a locked case under your back seat would be suitable.    The whole point is to demonstrate that the handgun is not readily accessible from the driver's seat or the passenger compartment.   So a cable tether on the case would be an enhancer.

Folks usually argue at this point, "Then how am I gonna be able to use the handgun to defend myself?"   Well, you're not.   You're transporting it.   If you want to use it to defend yourself, then Open Carry on the dash, your front seat, or some other visible location would be a workable alternative.   Like your outside waistband hip holster.

If using Open Carry, then just don't come into Omaha without something called a Handgun Identification Card  (Omaha Open Carry Permit).   And if the handgun enters Omaha city limits, it MUST immediately be registered unless you have a CHP, no matter where you live.   Further, there is no grace period on registration.   It's Right NOW!!!   Instantly!!  Head straight to the police station on 15th Street.   I kid you not.

Just know that OC sometimes brings visits with law enforcement officers.   LIke when a SoccerMom in her van sees the handgun and calls it in to 911.

There more to all this stuff, but the general handgun rule is unloaded, encased, locked inside the case, and tucked way back is the least problematical with respect to gun law violations.   Anything less, the risk of running into problems increases.

Hope some of this discussion helps clear up this issue.

sfg

[JTH]

That's federal law regarding transporting across state lines.

True.  However, it still applies to all transportation, and said transport does not need to be across state lines for it to be valid.   Because of that, if all else fails (due to lack of knowledge of state laws, or confusing state laws, or contradictory state laws), you can always unload the weapon, keep it separate from its ammo, and have it in a locked case.  Then (assuming you can have the weapon legally in the first place) you are good to go.

Only NE restriction is shotguns can't be loaded (even in the magazine) and that's just a G&P deal.

For long guns, yes.  Handguns---is a different story.

Otherwise use common sense.

Also don't go robbing any convenience stores.   

Both things always a good idea. 

[SemperFiGuy]

Here's More:

28-1211. Firearms; purchase, sell, trade, or convey; conditions.

The State of Nebraska herewith permits its residents, not otherwise precluded by any applicable laws, to purchase, sell, trade, convey, deliver, or transport rifles, shotguns, ammunition, reloading components or firearm accessories in Nebraska and in states contiguous to Nebraska. This authorization is enacted to implement for this state the permissive firearms sales and delivery provisions in section 922(b), (3)(A) of Public Law 90-618 of the 90th Congress, Second Session.

In the event that presently enacted federal restrictions on the purchase of rifles, shotguns, ammunition, reloading components, or firearm accessories are repealed by the United States Congress or set aside by courts of competent jurisdiction, this section shall in no way be interpreted to prohibit or restrict the purchase of shotguns, rifles, ammunition, reloading components, or firearm accessories by residents of Nebraska otherwise competent to purchase same in contiguous or other states.

Please note that handguns are not included in the above state statute.   Handguns (concealable weapons) are usually in a different category.

sfg

[StuartJ]

I can legally transport my revolver to the range unloaded, locked in case, locked in trunk?

What do I do with the ammo? I don't have a second case to lock it in.