Despite being given to all Americans by the U.S. Constitution, the right to own a gun can sometimes seem under siege. Gun owners in Nebraska have good reason to be concerned about this very basic liberty especially in light of a recent ruling by the Nebraska Supreme Court.
In 2015, a man was convicted of unlawful concealed carry of a gun by a Nebraska court. The weapon in question was located in a case beneath a passenger seat of a moving van and was clearly not in the man's reach while he was driving. This fact was the basis upon which a Court of Appeals overturned the conviction but the state was not content to let the matter rest and pushed the case to the State Supreme Court.
The high court's ruling supported the initial lower court's ruling and provided further clarification as to what may be deemed concealed carry in Nebraska. It is not sufficient that a weapon be out of reach of a driver while actively driving. Instead, a weapon must be inaccessible even when the vehicle is stopped if the driver does not have a permit in order to avoid a criminal charge.
The new ruling leaves Nebraskans with fewer options on how to legally transport weapons. People who want to learn more about their rights and how to avoid or handle criminal prosecution for weapons crimes might find it helpful to talk with an experienced attorney.
Source: Guns.com, "Nebraska Supreme Court clarifies concealed carry in cars," Jacki Billings, Dec. 17, 2016