I'd be fighting this one....

[FarmerRick]

 Gun in a Blanket
Rifle carried into restaurant

http://www.wowt.com/home/headlines/57655307.html?storySection=story

Omaha Police have arrested a Heartland man for carrying a concealed weapon, and the improper transportation of a firearm after they allegedly find him carrying a rifle, wrapped in a blanket.

Officers were called to the area just north of the Creighton University campus around 8:30PM on Saturday, September 5th, for an armed party.

When officers got to the area of 24th and Cuming they saw a man matching the description coming out of a Subway Restaurant. He was carrying something wrapped in a blue blanket.

When officers approached the man he handed to them a .45 caliber rifle.

According to the police reports, the man gave officers several stories, eventually settling on; he was taking the gun to his uncle, but became hungry and stopped for a bite to eat.

Officers checked the computer records but found no .45 caliber rifles reported stolen, of any recent theft calls in the area. They then cited 28-year-old Michael Billbe for carrying a concealed weapon and the improper transportation of a firearm.


WHAT???

The picture with the story shows an AR15, but it shows it with a standard 30 mag inserted in the magwell.  Probably a generic stock photo.

So, because he didn't have it in a gun case, just a blanket, that makes it a concealed weapon and constitutes improper transportation?

Could this be a rifle with a barrel length under 18", which would make it a "concealable weapon" under Omaha's stupid laws?

This is getting ridiculous!!    


EDIT: I just got off the phone with Gary Smollen(the reporter listed in the story), he said as far as he knew, it was NOT an AR15 type of weapon.  He did not have any other details about the story for me.

[Wymore Wrangler]

It's legal to carry a "loaded" rifle in your vehicle in the State of Nebraska except during firearm deer seasons.  Taking it into a eating establishment, that throws this too the legal beagles...  Anywhere else in the State, it's a non issue...

[WallPhone]

As far as I understand the law, it was concealed because it was not visible, "securely wrapped" nor in a locked case. Length is irrelevant to the charge, as length defines those under the OPD registration requirement.

Not that I agree with the law.

[maanbr]

It's legal to carry a "loaded" rifle in your vehicle in the State of Nebraska except during firearm deer seasons.

Where does it say you can't have a loaded rifle during deer season?

I also shook my head that the only picture they could find was of an AR15/M4 version of rifle.  But who knows maybe it was a 450bushmaster (doubt it)

[FarmerRick]

Well, here are the Omaha municipal codes that seem to have been broken:


http://www.municode.com/Resources/gateway.asp?pid=10945&sid=27

Sec. 20-195.  Possession or transportation of firearms.
(a)   It shall be unlawful for any person to knowingly or purposely transport in any conveyance or in any other manner, or to possess off his own premises, any rifle, shotgun, air gun, air rifle, paint ball gun or machine gun unless the same is unloaded and contained in any enclosed gun case, or unloaded and broken down. The removal of the bolt from any such firearm or carrying the same in a holster type gun case without further breaking down such firearm shall not be deemed to be in compliance with the requirements of this section.
(b)   The provisions of this section shall not be applicable to:
(1)   Authorized law enforcement officers;
(2)   The armed forces of the United States, including ROTC units and the National Guard in the performance of their duties;
(3)   The carrying of unloaded and uncased rifles in parades or using rifles in ceremonials;
(4)   The possession of rifles, machine guns, or shotguns at shows or exhibits; or
(5)   Any other lawful use, purpose or activity, including but not limited to skeet and trap shooting, target shooting at rifle ranges, hunter safety instruction conducted by qualified instructors, when such do not endanger public safety or are detrimental to public welfare; provided, however:
a.   The prior approval of the police chief shall have been obtained for such use, purpose or activity; and
b.   With respect to skeet and trap shooting ranges located or to be located in public parks, the final determination of the safety of the same shall be made by the city council.
(Code 1980, ? 20-195; Ord. No. 33113, ? 3, 11-23-93; Ord. No. 33757, ? 7, 12-19-95; Ord. No. 36361, ? 2, 8-19-03)
Cross references:  Firearms exhibitions, ? 19-383 et seq.


Sec. 20-192.  Carrying concealed weapon.
It shall be unlawful for any person except an authorized law enforcement officer purposely or knowingly to carry a weapon concealed on or about his person. On or after January 1, 2007, any person possessing a lawful permit issued by the State of Nebraska authorizing the carrying of concealed handguns shall be permitted to carry such a concealed handgun in the City of Omaha as permitted by state law.
(a)   In any violation where the concealed weapon is a concealable firearm, any sentence shall include a minimum jail sentence of 30 days.
(b)   Any person convicted under this section where the concealed weapon is not a concealed firearm shall be punished as provided in section 1-10.
(Code 1980, ? 20-192; Ord. No. 37432, ? 1, 7-18-06; Ord. No. 38294, ? 1, 11-18-08)


Evidently, a blanket does not suffice to be rifle case. 

[DanClrk51]

As always Omaha is just plain stupid and ridiculous. A family friend (older guy) told me that when he was a kid he used to ride the street car in Omaha with a rifle slung over his shoulder on his way to go hunt and nobody cared.

[rugermanx]

Where does it say you can't have a loaded rifle during deer season?

From the NE Big Game hunting guide which can be read here in PDF format.

http://www.ngpc.state.ne.us/hunting/pdfs/biggame.pdf



FIREARM RESTRICTIONS
During the November firearm deer season:
? Only hunters with a valid unfilled deer permit may hunt wildlife other than deer
with centerfire rifles or centerfire handguns, provided they are hunting in the deer
management unit for which their deer permit is valid.

[maanbr]

Only hunters with a valid unfilled deer permit may HUNT wildlife other than deer
with centerfire rifles or centerfire handguns, provided they are hunting in the deer
management unit for which their deer permit is valid.

That does not say anything about the rifle being in the vehicle.  All that does is keep people out of the field with centerfires during firearms season if they do not have a valid deer permit.  You can still have a loaded rifle in a vehicle without a deer permit.

[rugermanx]

I know that I was told that no one could have a loaded rifle unless you had a valid deer permit and were in the correct unit. Maybe it has something to do with the fact that if you're caught with a loaded rifle in your vehicle during deer season you are considered to be "poaching"