CHP/handgun in vehicle

[loader18]

I'm a Nebraska CHP holder and want to make sure i am clear on Nebraska Statute 6.1.12 28:1212 that deals with my pistol in my vehicle.  If I understand correctly, the statute means that if i have my handgun loaded and anywhere in the vehicle, the law assumes all persons in the vehicle are "in possession" of my firearm and to ensure I am the only one in the vehicle to be considered in possession of my pistol, it has to be on my person.  Is this right?

[barmandr]

28-1212. Presence of firearm in motor vehicle; prima facie evidence.

The presence in a motor vehicle other than a public vehicle of any firearm or instrument referred to in section 28-1203, 28-1206, 28-1207, or 28-1212.03 shall be prima facie evidence that it is in the possession of and is carried by all persons occupying such motor vehicle at the time such firearm or instrument is found, except that this section shall not be applicable if such firearm or instrument is found upon the person of one of the occupants therein.

So, yes, if it is in the vehicle it is deemed to be in the possession of every person in the vehicle.  The only way it can be claimed to be in the possession of just one person is for it to be physically on the person claiming it as being the one possessing it.  This also works the other way...if your buddy has a gun in the car under one of the seats, you can be charged with possessing it as well.

[jFader]

Another law aimed at 'stopping gang violence' that only accomplishes further infringement on law abiding citizens.....thanks for that one Brad 'Good Time Law' A$$Ford!....you won't be missed by us in the legislature! 

[farmerbob]

Few gray areas like every law. Someone with a CHP can't conceal a long gun, if I carry one in my truck I like to have it in a gun case, technical that makes it concealed.
Hmmmmm.

[loader18]

Thank you for your help barmandr
So if I need to go into a place that does not allow conceal carry and my teenage son wants to stay in the car and listen to his dub step music, I leave the pistol in the car unloaded (maybe locked in the glove box) and take the magazine in the store with me.  Is that the way to handle this situation?

[bullit]

Few gray areas like every law. Someone with a CHP can't conceal a long gun, if I carry one in my truck I like to have it in a gun case, technical that makes it concealed.
Hmmmmm.

Huh ?   Please reference statute .....

[Thanke]

Does this mean that a pistol in a lock box, locked is concealed for everybody, or does that mean that just I have possession of it? 

[farmerbob]

Thank you for your help barmandr
So if I need to go into a place that does not allow conceal carry and my teenage son wants to stay in the car and listen to his dub step music, I leave the pistol in the car unloaded (maybe locked in the glove box) and take the magazine in the store with me.  Is that the way to handle this situation?

I think the trunk unloaded and locked would work. I wouldn't leave it in passenger area.

Huh ?   Please reference statute .....

Nebraska has a CHP (concealed handgun permit) it doesn't allow you to conceal long guns. You can look up the statute.

[farmerbob]

Does this mean that a pistol in a lock box, locked is concealed for everybody, or does that mean that just I have possession of it? 

I have often wondered this same thing, never could get a straight answer, so I avoid it with someone that doesn't have a CHP.

[barmandr]

All this personal "interpretation" of firearm storing in vehicle laws and such are fine, but IMO these questions are best directed to the Nebraska AG.  You'll also have the response on record.

[Dan W]

AG can not give his legal opinion unless the request comes from the proper channels, and even then, it is only an opinion and does not end the debate until a court rules one way or the other.

If we want an AG's opinion we need a sitting state legislator to ask for one

[bullit]

Nebraska has a CHP (concealed handgun permit) it doesn't allow you to conceal long guns. You can look up the statute.
[/quote]
 
You threw that comment out there...so you would want to reference if you are stating such.  I don't need to look  up a statute that does not exist.   I am going to say you are absolutely INCORRECT in your comment.  There is nothing in state statute forbidding concealing a long gun.  Because Nebraska has a "Concealed Handgun Permit", one should not conclude a long gun is ILLEGAL to conceal any more than conclude Open Carry is ILLEGAL.   With all due RESPECT, if you are attempting to educate another member on the "law", you really need to source yourself ......  and I will be the FIRST one to eat crow if you can source your comment about concealing a long gun.

[barmandr]

The CHP does not allow you to carry a long gun concealed.  It only allows the concealed carry of a hand gun which the state of NE defines as "...any firearm with a barrel less than sixteen inches in length or any firearm designed to be held and fired by the use of a single hand" (Nebraska Revised Statute 69-2429).

[farmerbob]

Nebraska has a CHP (concealed handgun permit) it doesn't allow you to conceal long guns. You can look up the statute.

 
You threw that comment out there...so you would want to reference if you are stating such.  I don't need to look  up a statute that does not exist.   I am going to say you are absolutely INCORRECT in your comment.  There is nothing in state statute forbidding concealing a long gun.  Because Nebraska has a "Concealed Handgun Permit", one should not conclude a long gun is ILLEGAL to conceal any more than conclude Open Carry is ILLEGAL.   With all due RESPECT, if you are attempting to educate another member on the "law", you really need to source yourself ......  and I will be the FIRST one to eat crow if you can source your comment about concealing a long gun.

I didn't have to look it up because my CHP instructor C. Zeeb does such a good job, it's clear as my name from 5 years ago.

[farmerbob]

Or should I say that, I didn't stay at a Holiday Inn last night but I had Zeeb for a instructor. 

[bullit]

barmandr... you are correct in your citation with regards to the DEFINITION of a HANDGUN.... However (and I guess I was unclear when I asked for a clarity,  and my last post was technically and definitely WRONG by not keeping to the SPECIFIC example FarmerBob used....so I will eat a little crow for giving my post a blanket statement), FarmerBob alluded to idea of him carrying a  long rifle in a "gun case" in "his truck" was against the law.  28-1202  "illegal to carry a concealed weapon on or about your person (except handgun with a permit)"
It would be INCORRECT to say a long rifle/gun is illegal concealed carry if cased per FarmerBob's example.  "About your person" pretty much mean readily accessible. 

[farmerbob]

You might want to eat a little more crow. I didn't say it was against the law rather, I threw it out there as something that was a "gray area" a question?? (Would like an answer)

Quiet trying to put words in my mouth!

[bullit]

My apologies... I saw emoticons and  not question marks. In the future I will "Quiet (sic) trying to put words" in your mouth.  CAW CAW ....

[farmerbob]

It's all good bullit. No worries.

[barmandr]

Yummy...