Articles, Blog

Transporting Firearms in Nebraska | Nebraska Gun Lawyers

Hello my name is Seth Morris attorney
at Berry Law Firm. One of the questions I get asked most often is, “Seth how do I
legally transport a firearm in Nebraska if I don’t have a concealed carry permit?”
Before I get too far into this I just want to make a disclaimer here. One
what I’m going to discuss today is based only on Nebraska statutes and the
conversations I’ve had with Nebraska law enforcement officers. If you’re watching
this in another jurisdiction, I thank you and I appreciate your support. But I
can’t guarantee that these are going to be universal principles that apply to
you. I don’t want to see you get arrested because you’re relying on
Nebraska law. So make sure to check your state statutes and consult your local
attorney if you have questions. All right so kind of getting back into
this, is we’re going to go through a little outline here and and that’s
going to be first we’re just going to discuss, what is a concealed weapon in
Nebraska and what are the prohibitions on that. Second we will discuss
how do I transport a firearm if I’m in an automobile like a car where
there’s a clear trunk? And finally we’re going to discuss what if I’m in a
vehicle that doesn’t have a clearly defined trunk space like a SUV or a
truck? All right, so first in Nebraska it’s illegal for any person to carry a
firearm concealed on or about his person without a concealed carry handgun permit. All right so this isn’t as straightforward as you would imagine on
or about his person. It doesn’t mean it’s in a sling, it’s in a jacket, it’s in a
backpack that I’m carrying. Really honor about his person extends to the wider
reach that you have. And that’s why I say there is a key difference between
automobiles and other vehicles. And whether and how that affects this.
So what’s the punishment if you get caught carrying a concealed weapon
in Nebraska? It’s a class 1 misdemeanor. That’s a thousand dollar
fine, up to a year in jail or both. And just to remind everybody out there. In
Nebraska you cannot carry or conceal a knife with a blade that is
longer than three and a half inches. And so that is surprising to a lot of people
because they’ll have just a fillet knife or a
buck knife in their vehicle and now they’re facing criminal charges for just
having a hunting or fishing knife. So if you do have that you can apply some
of the same principles here to a knife. Okay, so first if you’re in a car in
your automobile with a clearly defined trunk space. The easiest way to do this is
to unload the gun, put it in a case, put it in the trunk of your vehicle.
Right, it’s inaccessible to you while you’re driving. It is not honor about your person so that’s fairly simple if you own a
car you’re lucky. Right if you’re a person that has an SUV, station wagon,
or a truck without any locking bed cover then you’re kind of in this
position where no matter what you do, technically a law enforcement officer
could say, you know what that was within your reach. Right and I’m gonna write you
a ticket for carrying a concealed weapon. So based on conversations that I’ve had
with law enforcement officers and basically reading the statutes and just
applying a little bit of common sense. This is the safest way to do it. Again I
can’t guarantee if you’re in this situation you’re not going to get
written up a ticket. But there’s a difference between a ticket and a
conviction. Okay, so the gold standard in these situations, is to get a lock box.
So I got a snap safe lock box. I believe I bought it at big shots into
range when I was there one day. It costs you about $20–$25 bucks. Right, so you grab
your gun if you’re gonna transport it. Right, first thing drop man. Check that
it’s unloaded, check it’s unloaded again. Okay so now we’re here, put it in there
unloaded. If you really want, you can put the slide release up there too, so that
way if anybody does look inside it they know it’s unloaded at first glance. Okay
so then you put it in there lock it and put it in the back. Another nice thing
about these snap safe things, is they come with a steel braided cord that you
can attach to the seats of your vehicle. Or to other things in your vehicle so
that way someone’s going to have to be able to remove the seats from the frame of
your vehicle to steal your firearm. So I think it’s really worth the
investment and it’s definitely worth the extra $20 bucks and will only make your
life a lot easier. Okay so that’s if I have a lockbox? What if I do not have a
lockbox? So, if you just have like the good old block lunchbox here, how do I
carry that? So what I recommend in these situations and from talking with law
enforcement officers. You want to drop the mag, check the chamber, check
the chamber again, okay block the slide back. You’re going to want to take one
of the steel cable things that you get for free when you buy a firearm
in Nebraska and then you’re going to want to lock this up. These are a pain in the butt, but that is good. It’s now childproof. Okay, so now this renders the firearm inoperable. And now
you put it in there, you’re good to go and you’re on your way. So, some people
don’t have these. Generally you’re provided these locks every time that you
buy a firearm through a dealer in Nebraska or maybe you bought this through a legal
private sale. Which is within your rights to do. So, come on, these things out smart me, nine times out of ten. That’s not so bad because its kid proof. Alright
so there we are. So what if you’re in that position where you don’t have
the ability to do that? So in that position take your block and then just
feel strip it down right then. Put it unloaded in the rear portion, the rear
cargo portion of your vehicle. At this point it’s just a series of hunks of
metal. I doubt any law enforcement officer is going to to give you too much
grief on that. Alright so finally, there’s one thing that I
really don’t recommend. Right and technically it’s within your legal
rights. So we’ve been talking about concealed
firearms. Concealed means out of sight right. So technically, if you’re in
that position and you don’t have a concealed handgun permit. You can not
conceal the weapon by putting it in open sight, right so on the dashboard or if
you have a long rifle. You know on the gun rack in the back of the truck. The
reason I don’t recommend putting it on on your dashboard is it’s going to get
things started off with a little bit of hostility. There’s very likely that its an outcome and I don’t blame the law enforcement officer. If there’s a gun
within your reach on the dashboard they’re going to be on edge. And that
could make the rest of the traffic stop go poorly for you. All right,
so even though technically that’s within your rights, you’re not concealing the
weapon and you may have little charges. It may make the traffic stop more
contentious than it needs to be. And what we want to do in these situations is
make sure that it goes smoothly for you and the officer and everyone maintains
their safety. At the end of the day if you get busted for carrying a concealed
weapon or any firearms charge. Give myself, Seth Morris or any other attorney
at Berry Law Firm a call at 402-466-8444 Thank you.

Leave a Reply

Your email address will not be published. Required fields are marked *