As a “shall-issue” state, Nebraska places relatively few restrictions on gun ownership. However, there are notable limitations on carrying a concealed firearm on your person or in your vicinity. If you carry a concealed weapon in an unauthorized place or without a permit, you could face severe criminal consequences.
A Lincoln concealed carry lawyer can aid you in understanding your rights and obligations under the law. Likewise, a practiced gun attorney can inform you of your options if you are charged with a crime related to carrying a concealed weapon.
When is a Firearm Concealed?
The term “concealed” is vague, which has led to multiple appeals regarding whether a firearm found by the police was concealed at the time. Consequently, courts throughout the state have carefully considered what constitutes a concealed weapon.
One of the primary factors in concealed carry charges is whether the weapon was concealed on the defendant’s person. If you hide a gun on your body or under your clothes, it is considered concealed. There are also cases where a firearm can be concealed even if it is not on your body, particularly if it is hidden within a motor vehicle.
Immediate Access to a Concealed Weapon
It is a violation of state law for individuals to have a weapon concealed close enough to them that immediate access to the weapon is possible. In the 2016 Nebraska Supreme Court case State v. Senn, the court found that this condition is met when a firearm is concealed in a box behind the passenger seat of a vehicle, even if the box is not within the driver’s reach.
Carrying a Clearly Visible Weapon in a Vehicle
When carrying a firearm in a vehicle, you could avoid concealed carry charges if you keep the weapon in plain view. In a separate case, the Nebraska Supreme Court found a weapon was not concealed when it was easily visible by the police officer from outside the vehicle. The Court also noted that the defendant in that case immediately notified the officer of the weapon. If you are facing concealed carry charges, a lawyer in Lincoln can help you understand how case law may influence the court’s ruling.
Eligibility for a Concealed Carry Permit in Lincoln
The requirements for obtaining a concealed carry permit are set out by Nebraska Revised Statutes Section 69-2433. Applicants must be at least 21 years of age and have no previous felony convictions under state or federal law. Candidates must also have no criminal convictions related to domestic violence.
Applicants must also be state residents. If you have not resided in Nebraska for at least 180 consecutive days, you will be ineligible for a concealed carry permit. An attorney familiar with the concealed carry laws can help you determine if you are eligible to apply.
Exceptions to Concealed Carry Permits
Even with an appropriate permit, there are limits to the right to carry a concealed weapon in Lincoln. There are certain places that concealed carry is illegal, including:
- Police stations
If you were accused of carrying a concealed firearm in any of the spaces listed above, you should reach out to a skilled defense lawyer.
Reach Out to a Lincoln Concealed Carry Attorney Today
Whether you are facing gun charges or are simply considering applying for a concealed carry permit, it would be beneficial to consult an attorney. A thorough understanding of your legal rights and obligations could help you avoid an arrest related to the concealed carry of a firearm.
A Lincoln concealed carry lawyer can help ensure your rights are protected. To learn more, schedule a confidential consultation right away.