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  • Travelling with a firearm

    Hey guys, my best friend will be travelling through Nebraska with her dad's small caliber firearm to her home in North Dakota. What is your states laws regarding this?

    Thanks
    I yell "PIKACHU" before I tase someone.

  • #2
    http://uniweb.legislature.ne.gov/law...php?chapter=28

    Here is a link to current Nebraska laws relating to crimes and punishment. Regarding firearms only, they start at 28-1201. I copied and pasted the ones that I thought would be most relevant to your friend's situation:

    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.

    28-1204. Unlawful possession of a handgun; exceptions; penalty.

    (1) Any person under the age of eighteen years who possesses a handgun commits the offense of unlawful possession of a handgun.

    (2) This section does not apply to the issuance of handguns to members of the armed forces of the United States, active or reserve, National Guard of this state, or Reserve Officers Training Corps, when on duty or training, or to the temporary loan of handguns for instruction under the immediate supervision of a parent or guardian or adult instructor.

    (3) Unlawful possession of a handgun is a Class I misdemeanor.

    28-1212. Presence of firearm in motor vehicle; prima facie evidence. (In case she is traveling with a companion).

    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.

    28-1409. Use of force in self-protection.

    (1) Subject to the provisions of this section and of section 28-1414, the use of force upon or toward another person is justifiable when the actor believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion.

    (2) The use of such force is not justifiable under this section to resist an arrest which the actor knows is being made by a peace officer, although the arrest is unlawful.

    (3) The use of such force is not justifiable under this section to resist force used by the occupier or possessor of property or by another person on his behalf, where the actor knows that the person using the force is doing so under a claim of right to protect the property, except that this limitation shall not apply if:

    (a) The actor is a public officer acting in the performance of his duties or a person lawfully assisting him therein or a person making or assisting in a lawful arrest;

    (b) The actor has been unlawfully dispossessed of the property and is making a reentry or recapture justified by section 28-1411; or

    (c) The actor believes that such force is necessary to protect himself against death or serious bodily harm.

    (4) The use of deadly force shall not be justifiable under this section unless the actor believes that such force is necessary to protect himself against death, serious bodily harm, kidnapping or sexual intercourse compelled by force or threat, nor is it justifiable if:

    (a) The actor, with the purpose of causing death or serious bodily harm, provoked the use of force against himself in the same encounter; or

    (b) The actor knows that he can avoid the necessity of using such force with complete safety by retreating or by surrendering possession of a thing to a person asserting a claim of right thereto or by complying with a demand that he abstain from any action which he has no duty to take, except that:

    (i) The actor shall not be obliged to retreat from his dwelling or place of work, unless he was the initial aggressor or is assailed in his place of work by another person whose place of work the actor knows it to be; and

    (ii) A public officer justified in using force in the performance of his duties or a person justified in using force in his assistance or a person justified in using force in making an arrest or preventing an escape shall not be obliged to desist from efforts to perform such duty, effect such arrest or prevent such escape because of resistance or threatened resistance by or on behalf of the person against whom such action is directed.

    (5) Except as required by subsections (3) and (4) of this section, a person employing protective force may estimate the necessity thereof under the circumstances as he believes them to be when the force is used, without retreating, surrendering possession, doing any other act which he has no legal duty to do, or abstaining from any lawful action.

    (6) The justification afforded by this section extends to the use of confinement as protective force only if the actor takes all reasonable measures to terminate the confinement as soon as he knows that he safely can do so, unless the person confined has been arrested on a charge of crime.

    28-1410. Use of force for protection of other persons.

    (1) Subject to the provisions of this section and of section 28-1414, the use of force upon or toward the person of another is justifiable to protect a third person when:

    (a) The actor would be justified under section 28-1409 in using such force to protect himself against the injury he believes to be threatened to the person whom he seeks to protect;

    (b) Under the circumstances as the actor believes them to be, the person whom he seeks to protect would be justified in using such protective force; and

    (c) The actor believes that his intervention is necessary for the protection of such other person.

    (2) Notwithstanding subsection (1) of this section:

    (a) When the actor would be obliged under section 28-1409 to retreat, to surrender the possession of a thing or to comply with a demand before using force in self-protection, he shall not be obliged to do so before using force for the protection of another person, unless he knows that he can thereby secure the complete safety of such other person;

    (b) When the person whom the actor seeks to protect would be obliged under section 28-1409 to retreat, to surrender the possession of a thing or to comply with a demand if he knew that he could obtain complete safety by so doing, the actor is obliged to try to cause him to do so before using force in his protection if the actor knows that he can obtain complete safety in that way; and

    (c) Neither the actor nor the person whom he seeks to protect is obliged to retreat when in the other's dwelling or place of work to any greater extent than in his own.

    Hope that helps.
    "To know that you know what you know and that you do not know what you do not know; that is true knowledge." - Unknown

    Comment


    • #3
      Open carry is legal in NE except Omaha city limits has a permit system for open carry. Once you hit South Dakota either open cary is fine or in a locked case or compartment of the vehicle, must be locked.

      Comment


      • #4
        Rudy, am I mistaken, or aren't you a reserve Texas LEO? If so, you're covered in regards to LEOSA.
        sigpic
        Let your watchword be duty, and know no other talisman of success than labor. Let honor be your guiding star in your dealing with your superiors, with your fellows, with all. Be as true to a trust reposed as the needle to the pole. Stand by the right even to the sacrifice of life itself, and learn that death is preferable to dishonor. ~ Gov. Richard Coke, October 4, 1876

        Comment


        • #5
          The man was asking for info to help a freind out, Rudy is not traveling.

          Comment


          • #6
            Originally posted by David Hineline View Post
            The man was asking for info to help a freind out, Rudy is not traveling.
            Ah, that's what I get for not reading the question all the way through! And I haven't been back to NE since they passed the CHL laws, so I don't know the first thing about them. Way over due for a visit back to the great white north... I need a Runza and some Valentinos in a bad way!
            sigpic
            Let your watchword be duty, and know no other talisman of success than labor. Let honor be your guiding star in your dealing with your superiors, with your fellows, with all. Be as true to a trust reposed as the needle to the pole. Stand by the right even to the sacrifice of life itself, and learn that death is preferable to dishonor. ~ Gov. Richard Coke, October 4, 1876

            Comment


            • #7
              Reserve LEOs are covered by LEOSA?
              "First of all, then we have to say the American public overwhelmingly voted for socialism when they elected President Obama." - Al Sharpton, March 21, 2010

              Comment

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