2aguy
Diamond Member
- Jul 19, 2014
- 112,241
- 52,463
If you are a law abiding citizen, you should be able to carry a gun in any state of the union as per the Right defined in the Bill of Rights....this ruling is nuts....
Nebraska Supreme Court clarifies concealed carry in cars
Senn appealed his misdemeanor gun conviction and, in a split decision, the Nebraska Court of Appeals overturned it. The appellate court ruled that though the handgun was hidden, it was out of Senn’s reach while driving; therefore it did not meet the state’s definition of concealed carry.
Not satisfied with the appellate court’s decision, the state elevated the case to the Nebraska Supreme Court. Assistant Attorney General George Love argued that the mere presence of the gun under the passenger seat met the state’s definition of concealment. She pleaded with the high court to review the case and clarify what constitutes concealed carry of guns in cars.
The high court took on the appeal and issued its unanimous opinion Friday. In that opinion, the Supreme Court said that the lower court focused too heavily on the gun being out of reach while Senn was driving and not on the fact that Senn could access the handgun while the truck was stopped.
“We conclude that the jury, as a rational trier of fact, could have found that the handgun was on or about Senn’s person, even though it was not within his reach while driving,” Supreme Court Judge Max Kelch wrote.
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Senn’s attorney Keith Kollasch said the decision against his client was not only disappointing but confusing and concerning for gun owners transporting guns in and through the state.
“How do you transport a firearm in Nebraska, then?” Kollasch asked. “You’re pheasant hunting, you’ve got a firearm in a case, outside your reach. Under this ruling, they could probably charge you with a concealed weapons charge.”
While Rod Moeller, president of Nebraska Gun Owners Association, wouldn’t comment on the opinion he told the Omaha World-Herald that he advises gun owners to either get a state concealed carry permit or place their firearms in a case out of reach of the vehicle’s seating compartment.
Nebraska Supreme Court clarifies concealed carry in cars
Senn appealed his misdemeanor gun conviction and, in a split decision, the Nebraska Court of Appeals overturned it. The appellate court ruled that though the handgun was hidden, it was out of Senn’s reach while driving; therefore it did not meet the state’s definition of concealed carry.
Not satisfied with the appellate court’s decision, the state elevated the case to the Nebraska Supreme Court. Assistant Attorney General George Love argued that the mere presence of the gun under the passenger seat met the state’s definition of concealment. She pleaded with the high court to review the case and clarify what constitutes concealed carry of guns in cars.
The high court took on the appeal and issued its unanimous opinion Friday. In that opinion, the Supreme Court said that the lower court focused too heavily on the gun being out of reach while Senn was driving and not on the fact that Senn could access the handgun while the truck was stopped.
“We conclude that the jury, as a rational trier of fact, could have found that the handgun was on or about Senn’s person, even though it was not within his reach while driving,” Supreme Court Judge Max Kelch wrote.
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Senn’s attorney Keith Kollasch said the decision against his client was not only disappointing but confusing and concerning for gun owners transporting guns in and through the state.
“How do you transport a firearm in Nebraska, then?” Kollasch asked. “You’re pheasant hunting, you’ve got a firearm in a case, outside your reach. Under this ruling, they could probably charge you with a concealed weapons charge.”
While Rod Moeller, president of Nebraska Gun Owners Association, wouldn’t comment on the opinion he told the Omaha World-Herald that he advises gun owners to either get a state concealed carry permit or place their firearms in a case out of reach of the vehicle’s seating compartment.
