The Nebraska Supreme Court just made it harder for gun owners to drive through the state without running afoul of the law. The justices unanimously ruled Friday that a driver must have a concealed carry permit even when his gun is stored in an inaccessible part of the vehicle — a precedent that may leave SUV owners with limited travel options.
The justices set the new standard while reviewing the case of Joseph D. Senn Jr, who was behind the wheel of a U-Haul on October 4, 2014 with a 9mm pistol in a box, tucked away on the back passenger side of the moving truck, out of reach under a pile of clothes.
The Richardson County Sheriff stopped Senn in response to a 911 call about a domestic dispute involving a gunshot. A jury cleared Senn of serious felony charges related to the incident, but jurors did uphold against him a single count of illegally carrying a concealed weapon.
In searching the U-Haul, a sheriff’s deputy saw the distinct blue box used by pistol manufacturers behind the passenger’s seat, against the rear wall of the cabin. The state Court of Appeals found it absurd to think Senn violated the Nebraska law that prohibits carrying a weapon “on or about one’s person” because the gun was outside the driver’s reach. The high court did not like this reasoning.
“The Court of Appeals relied on testimony establishing that Senn could not reach the handgun while driving, but that testimony did not speak to whether he could have reached it in other driving situations, such as while the vehicle was stopped,” Justice Max J. Kelch wrote for the court. “Neither Section 28-1202 nor case law requires that the weapon be within the defendant’s reach while driving in order to be considered ‘on or about his person.'”
The justices argued that jurors had enough evidence to decide that the gun was “on or about” Senn’s person, even though it was outside of his reach while driving.
“Only where evidence lacks sufficient probative value as a matter of law may an appellate court set aside a guilty verdict as unsupported by evidence beyond a reasonable doubt,” Justice Kelch explained.
A copy of the ruling is available in a 200k PDF file at the source link below.
Source: Nebraska v. Senn (Nebraska Supreme Court, 12/16/2016)
I would never have thought that Nebraska would go as insane as Illinois. This verdict needs to be appealed at the federal level.
Yeah. I like to beg my enemies to cut me a little slack every once in a while.
Without a sworn complaint signed by two individuals and entered into public record and a warrant based on that complaint, what the sheriff deputy did was illegal. Not to mention the deputy is working for an Admiralty court, which is treason.
I don’t think the feds care about what the Law says anymore than the States do.
I’m sure if we all ask them politely to stop ignoring the Law they will do so.
Do not go near this state where assholes continue to rule , and leave it if you live there.
“why the hell are you diggin around in my “uhaul” anyway?”, i say as i quickly pull my pistol and shoot the asshole in the crotch……………
Driving between NY, FL and AZ with all my belongings was a nerve wracking experience. I packed my valuables first, centered against the inside wall of the box truck, all but the last two tiers of the load would need to be dismantled to even put eyes on the unassuming boxes.
Next I would recommend following a tractor trailer that is cruising close to the speed limit, not only will you save gas as the lead truck cuts the wind, you will be able to drive further with the stress of pacing and passing mostly eliminated, most importantly you will tend to be in a pocket of vehicles traveling the speed limit making it difficult for the officer to justify pulling you over. Bottom line, when your entire life is on a truck you can not be to careful.
Liberal activist judges up the federal chain can and should be replaced under the new administration. This is insane. No Nebraska for me again, ever.
“Conservatives” are every bit as hostile to our rights. Especially “law and order” conservatives.
Besides, changing the players on the field doesn’t change the game.
Liberal activist judges up the federal chain can and should be replaced under the new administration. This is insane. No Nebraska for me again, ever.
WHY? YOU LIKE ASKING FOR GOVERNMENT PERMISSION TO EXPRESS A RIGHT???????????
Another Banned state from my future travels. We have been thru Nebraska several time’s but will make every effort to avoid it in the future along with our $$$.