concealed or not concealed?

[jednp]

My state says a firearm can be carried in a vehicle loaded as long as part of the gun is visible. Give me your opinions on whether or not you think this would be considered concealed. To me part of the gun is visible, it's not like it's stuffed between seat cushions, or under the seat or in a console. Maybe looking in from the drivers side if I'm sitting in the seat, it's not easily visible. But it's not completely hidden from view by any means. Do you as LEO consider it concealed if you cannot see it at all when you look from the drivers side, or just as long as it's visible some way other than having to look under a seat or inside a console to find it.

[danp]

That's a tough one, and seems to be falling into the realm of "legal advise" I will pass on giving an opinion and advise you to seek the opinion of a local (to you) cop or attorney.

[jednp]

I'm not really wanting "legal advice" just opinions on what you think of it, being LEO's. I'm going to ask locally as well, but I just want to know what others think due to their experience with their laws, especially assuming the law states that at least part of the firearm has to be visible in some way.

[danp]

Carry a copy of the law in your vehicle. Paper clip it to your registration card. And don't let the gun come as a surprise to the cop if you get pulled over or you will probably get a .45 screwed into your ear. Keep your hands on the wheel and tell him that there is a legally carried firearm in the car.

[jednp]

Well, I contacted the local police dept and an officer emailed back and said the person who could answer my question is the city prosecutor.. so he said contact him and he can answer for me. I call him, introduce myself and say I have a question about carrying a handgun in my vehicle and as soon as I said that instantly he turned to a jerk and was saying don't do it, don't do it, don't even think about it. Keep it locked in your trunk. I told him I wanted a clarification on what this means.. it's a quote off the sheriff's website..

If a law enforcement officer can see the handgun, either carried on your person or in your car, it is not concealed. If the officer can not see the handgun, or portions of it are not visible at any point, it is concealed

He wouldn't answer me, treated me like I was a criminal. I informed him that I don't appreciate being treated like I'm some criminal wanting to harm people, and if I want to carry a handgun on my front seat of my vehicle I can do so if I choose to, the law provides me that. Needless to say he backtracked and admits he assumed I was going to ask something else, and went ahead and answered no before I even asked my question pretty much.. what an ass! He didn't answer my question, told me I needed to spend money on an attorney and ask them. The Nebraska Attorney General told me that the Nebraska State Patrol would be the place to contact for my answers. Nobody will answer.. what gives? How hard is it to get a clarificaton of what that quote means from someone?

Does it mean No matter how that officer looks into your vehicle, it must be seen or it's concealed. Or does it mean if the officer can see it 100 % from teh passenger side, but maybe only 80 % from the drivers side it's concealed? Or does it have to be 100 % visible at all times from all angles. I shouldn't have to pay a lawyer for a simple explanation of a law that we pay taxes in order to pay our people who hold public office, to clarify.

[MtnCamper]

Originally Posted by jednp

Nobody will answer.. what gives? How hard is it to get a clarificaton of what that quote means from someone?

What it means is, they are all covering their own collective asses. And leaving yours uncovered.

[attackrott]

Welcome to the screwed up-ness of laws. 100 people could read the same thing and you would get 120 different answers. This is why blood sucking lawyers are in such high demand. The reason no one will give you an definite answer is no one wants their balls on the line for it. I would ask the state troopers and any one you can. Any which way I would inform an officer if I was pulled over that I had my CCW and has carrying. If they wanted to be a jerk I can take it. My feeling is better they know than all of a sudden see a gun or part of one and think that I am trying to hide it form them. This would put me on edge if I was a LEO

I think it looks great, I think I will be doing the same thing. In my opinion I would say that that falls within the category of visible. It would also depend on how you sit if an officer approaches your car. If you push your leg down so it is easy to see or if you bring your knee up and hide the gun behind your knee and thigh. I like it.

[jednp]

Well, I called a state trooper and he pretty much said just make sure it's visible so an officer can see when he comes up to the vehicle. He was very polite, asked.. so are you just wanting to drive around with a gun or what? I said not neccesarily, but I do keep it on my front seat while traveling on the interstate but want a safer way to set it so it can't slide around. He said best way is just to keep it in a case in teh back seat, but he did agree that the law gives me the right to have it up there and had no problem with that. Just said make sure it's visible when he comes up the car and be sure to give him a heads up. He was nice, asked what kind of gun I own, said I should apply with them because they are hiring, then I can carry all I want.

It's funny how much of a difference being nice can make. He wasn't 100 % positive he gave me the perfect answer, but he said he hopes he was able to help a lot. A lot different than the first guy I talked to, who could have politely said I'm sorry, I'd love to answer your question but I'm not in a position to be able to do so.. hope you understand. Instead of being a total jerk and treating me like I'm some criminal.

Lesson learned... being nice gets you further than being a jerk. But I guess I should have expected his attitude seeing as how the city doesn't like people owning handguns. I am going to move the holster to the other side of the console, as it is more visible that way from the drivers side... not blocked at all by the steering wheel or my leg. It's not concealed at all that way, plainly visible.

[jednp]

Originally Posted by MtnCamper

What it means is, they are all covering their own collective asses. And leaving yours uncovered.

yeah I know.. but it's just lame. They give you the right to have a gun in your vehicle as long as it's visible to an officer... and at the same time tell you in a very rude way like you are a killer... don't do it! don't even think about it! I'm thinking.. who are you to tell me I can't do something that the law clearly states I'm allowed to do? This guy just thought he was "the law" in total all by himself. Such an arrogant guy. Anyway the nice state trooper pretty much cleared it up for me. As long as the gun is visible to the officer it's not concealed. Just said no under seat, in console or glove box.

[attackrott]

WOW I just learned something new. If you want a gun for protection the best place for it to be is in a case in your back seat. Good thinking, so not only can you get car jacked but they can have a nice new gun for them in the back seat. Good thinking, I will remember this one. I do understand why the officer would recommend this to just some guy but it still bothers me because it makes no sense at all. Would an off duty officer ever do this? No because if he ever needed his gun he would not want to stinking go to the back seat to get it, because he knows that if he had to it would be too late. Even people that are not LEO feel the need protect themselves and others. Why is it so hard for some people to understand that some people dont just want to be a victim, they want at least a fighting chance. Grumble Grumble. This darn government will protect you mentality.