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Nebraska CC question. Unique circumstance

Discussion in 'Carry Issues' started by RBL525, Apr 3, 2010.

  1. RBL525

    RBL525

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    I am about to register for a class on April 18th. I decided to review the application.

    here is the part that I am having trouble with.

    Have you ever had any violations of any law relating to firearms, unlawful use of a weapon, or controlled substances in
    Nebraska or any other jurisdiction in the past ten (10) years? (Violations which disqualify include felonies, misdemeanors,
    infractions and violations of city ordinances).


    Here is why. In May of last year I was pulled over in rural Nebraska for going 66 in a 60. We were on a guys weekend, fishing, shooting, etc. I had my guns in the vehicle. When I was pulled over, I put my hands out the window palms down, and immediately notified the trooper of the range bag in my vehicle (a hatchback). If I hadn't informed him, he probably would not have known. I figured it was better to tell him before he may have noticed the bag rather than after. The guns were unloaded, the magazines were unloaded, and ammo was in ammo boxes. They were in the Glock factory cases, inside a range bag with targets, eye protection, and ear protection. The State Trooper, who had been a Trooper for 1.5 months, told me he had to write me a ticket for a concealed carry violation. This was dropped from the ticket by the County Attorney, no fine, and no paperwork. It was dismissed. He was a very nice and understandable man.

    I don't know if I have to check yes or no to that question? No could mean disqualification, and I will be really unhappy about that. I am then going to have to try and jump through hoops in a county court 4 hours from my home to possibly accomplish nothing.

    I really don't know what to do here.
     
    Last edited: Apr 3, 2010
  2. acpd442

    acpd442

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    If you weren't charged and convicted, then it didn't happen. IANAL though.
     
    Last edited: Apr 3, 2010

  3. RBL525

    RBL525

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    You learn something new every day. I just had to google IANAL "I am not a Lawyer" for anyone else who was a little stumped by that one.
     
  4. bluelineman

    bluelineman Infidel كافر

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    IANAL either but it doesn't sound like a violation to me since it wasn't deemed a felony, misdemeanor, infraction and violation of city ordinances by the County Atty.
     
  5. steveksux

    steveksux Massive Member

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    Sounds to me like it was dismissed by City Attorney, who didn't feel the circumstances warranted the charge. The facts are not in doubt. If he thought there was a violation he could have kept the charge.
    Potential difference, was it dropped as part of a plea deal? Or dropped of his own volition?

    If he dropped it all by himself, no harm no foul. I'm not a lawyer or cop so take my advice for what its worth.

    Randy
     
    Last edited: Apr 4, 2010
  6. B.Reid

    B.Reid

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    Let us know how this comes out.
     
  7. kensteele

    kensteele

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    Next time stop volunteering information to the police that has nothing to do with the [traffic violation]. If you are not a criminal and you have done nothing wrong, you have nothing to worry about. Stop listening to the few people here who tell you that you need to be upfront and honest about everything in your life else when discovered, you look like a liar, like you are trying to hide something, and the legal things you do somehow turn into illegal things.

    Wait until after you get your permit before you declare your ccw to leo immediately upon official contact.
     
  8. bluelineman

    bluelineman Infidel كافر

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    Is Nebraska a "must inform" state with a CCW license? I know the OP does not have one, just curious.
     
  9. thornesguns

    thornesguns

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    the atf has a compilation of state laws. I have a book with state laws and ordinances compiled by the atf in 2006. I do not believe you were in violation of the law. i cannot find any were were you could be in violation of the law. I did NOT read Lincoln or Omaha ordnances. Ne statue 28-1202 carrying concealed weapon:penalty:affirmative defense. (1) Except as provided in subsection (2) of this section any person who carries a weapon or weapons concealed on or about his or her person such as a revolver, pistol, bowie knife, dirk or knife with a dirk blade attachment, brass or iron knuckles or other deadly weapon commits the offense of carrying a concealed weapon. I'll skip subsection two since it doesn't apply. the point is the weapons weren't ON you or even about you. it was not within reach of you. if you had stuck it under the seat that would be different because it would be within reach. you had it in the back of a hatch back vehicle. as far from your reach as possible. the officer made a mistake in ticketing you that is why it was dropped. anyway the point is you can answer no to the question because although you were ticketed the charges were dropped because you were found to not be in violation of the law. But that is just my interpretation of the law. i could be wrong. email the attorney general or the state patrol, they can show you were the laws are listed. before i Had my ccw permit i always kept my handguns in the open so if i got pulled over i wouldn't be in violation. i did get pulled over but the officer never said a word about my 1911 setting on the dash in plain view.
     
  10. thornesguns

    thornesguns

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    nebraska IS a must inform state. I have informed a few officers but none seem to care. they just say 'thanks' i even had one say...'i realy don't care'. I did have one ask what i carry and i told him glock 26 and then got on a discussion of the 26 vs 27.
     
  11. IndyGunFreak

    IndyGunFreak

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    *I* would check NO. If you're denied on those grounds, I'm guessing NE has some sort of appellate process. Appeal the denial, and explain the application was vague and you didn't understand you had to include something that was dropped. I can't see it being reason for denial, but they could deny you saying you weren't being truthful.

    In my real world, common sense, IANAL, etc.. thinking... I think you're all right.
    IGF
     
  12. IndyGunFreak

    IndyGunFreak

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    Does that Must Inform law, only apply to CCW holders? Or is there a specific mention of "Must Inform" that you're transporting a firearm.

    IGF
     
  13. kensteele

    kensteele

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    All the states that I am aware of that allow even loaded carry concealed in the passenger cabin without a permit doesn't even require must inform. I've never heard of must inform police about unloaded guns locked away out of reach else it's a crime.
     
  14. B.Reid

    B.Reid

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    Sounds like you get pulled over a lot, slow down.
     
  15. Bren

    Bren NRA Life Member

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    never mind
     
    Last edited: Apr 4, 2010
  16. IndyGunFreak

    IndyGunFreak

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    That was kinda my point.. thats why I don't see how their "Must Inform" law applies here...

    IGF
     
  17. 2afreedom

    2afreedom

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    Have you ever had any violations of any law relating to firearms, unlawful use of a weapon, or controlled substances in
    Nebraska or any other jurisdiction in the past ten (10) years?

    Based on that wording I would say check no. However it may still show on your record that you were CHARGED with the ccw violation even if the charge was dropped. I would advise you to call the licensing authority and ask this question before checking no. If you are required to put it down and they find out you will end up looking like you were lying when in fact you were not. Better safe than sorry.
     
  18. RBL525

    RBL525

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    Thank you all,

    I will keep you updated on to how it goes. If I had the traffic stop to do over again, I would do the same thing. I know it may be none of the police officers business, but I would personally rather tell him. If he saw it and was surprised, it is possible he would escalate the situation no matter how calm I was. I just feel more comfortable being upfront with the peace officers, and this time it did bite me some, but the charges were never filed. I also know that if I was in his position, I would rather be told than discover it.

    By law, I was not required to tell him of it. Must inform didn't apply since i don't have my ccw yet. If I had, this wouldn't be a problem. That is another big reason I am getting the CCW. It has gotten to the point that I fear driving to the range with my guns just in case something happens and i get a cop that does the same thing. I konw i was never charged, but there is a law that states second cc violation is a felony, and I don't know if it writing on a ticket counts as a violation even though there were no charges.

    The charges weren't droped as part of a plea deal. There were no charges filed on it by the attorney, it wasn't on any of the court paperwork, it was like it disappeared. I am pretty sure it shows that I was ticketed for it in the system though even though there is nothing in the court papers.
     
  19. Gallium

    Gallium CLM

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    You have not stated WHERE in your hatchback the weapons were. On the backseat? Or behind the backseat? If the guns were in the direct passenger compartment, then BASED ON THE LAW IN SOME OF OUR OTHER FINE STATES, you would have been in violation of the law. Also, if the guns were not behind that last seat, and you'd traveled out of state into another state, you would have not properly secured the guns according to the interstate travel laws.

    If the guns were indeed behind that last seat - you did all you could possibly do, absent having a lock box.

    Did anyone else in the vehicle have a pistol permit?

    'Drew
     
  20. farley45

    farley45

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    From the information you have given I would check "no" and go on about getting my permit.

    If you are still worried you can contact NSP and get a background check done real quick before you apply. They are going to do one anyways when you go in to get printed and what not, so I would just apply and go on it but if you wanted to do one prior to applying it wouldn't be a big deal.