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Thread: 28-1204.04 (g) - CCW, hanguns, and universities

  1. #1
    Regular Member
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    Aug 2012

    28-1204.04 (g) - CCW, hanguns, and universities

    I realize this is more related to open carry, but how about a CC question? I'm looking for advice from anyone who is knowledgeable on the Nebraska state statues in regard to exception g of statue 28-1204.04

    28-1204.04. Unlawful possession of a firearm at a school; penalty; exceptions; confiscation of certain firearms; disposition.
    (1) Any person who possesses a firearm in a school, on school grounds, in a school-owned vehicle, or at a school-sponsored activity or athletic event is guilty of the offense of unlawful possession of a firearm at a school. Unlawful possession of a firearm at a school is a Class IV felony. This subsection shall not apply to (a) the issuance of firearms to or possession by members of the armed forces of the United States, active or reserve, National Guard of this state, or Reserve Officers Training Corps or peace officers or other duly authorized law enforcement officers when on duty or training, (b) the possession of firearms by peace officers or other duly authorized law enforcement officers when contracted by a school to provide school security or school event control services, (c) firearms which may lawfully be possessed by the person receiving instruction, for instruction under the immediate supervision of an adult instructor, (d) firearms which may lawfully be possessed by a member of a college or university rifle team, within the scope of such person's duties as a member of the team, (e) firearms which may lawfully be possessed by a person employed by a college or university in this state as part of an agriculture or a natural resources program of such college or university, within the scope of such person's employment, (f) firearms contained within a private vehicle operated by a nonstudent adult which are not loaded and (i) are encased or (ii) are in a locked firearm rack that is on a motor vehicle, or (g) a handgun carried as a concealed handgun by a valid holder of a permit issued under the Concealed Handgun Permit Act in a vehicle or on his or her person while riding in or on a vehicle into or onto any parking area, which is open to the public and used by a school if, prior to exiting the vehicle, the handgun is locked inside the glove box, trunk, or other compartment of the vehicle, a storage box securely attached to the vehicle, or, if the vehicle is a motorcycle, a hardened compartment securely attached to the motorcycle while the vehicle is in or on such parking area, except as prohibited by federal law. For purposes of this subsection, encased means enclosed in a case that is expressly made for the purpose of containing a firearm and that is completely zipped, snapped, buckled, tied, or otherwise fastened with no part of the firearm exposed.

    Let me preface this with some background. I've been a student at UNO for three years now and finishing up my last year, I live on campus 9 months out of the year which means my car is parked on school grounds. In the last three years friends (classmates) of mine have become the victims of two home robberies, one sexual assault and last year one was the victim of a fatal stabbing with all but the stabbing occurring on campus. I have an active concealed carry permit, but living on campus means that my firearm during a significant portion of the year stays in storage off campus. I wanted to know if anyone had any clarifications as to if I under this exemption can keep my handgun securely locked inside my vehicle. The part I was particularly confused on was "which is open to the public and used by a school". Does open to the public include ungated lots that require parking permits or are these not considered open to public. At this point I would be willing to park a couple of blocks away if necessary.

    On an related rant, this backwards logic that keeping students in a state in which they are incapable of defending themselves somehow makes them safer or even feel safer is very evidently wrong. It is especially constricting to those whose temporary home happens to be on school grounds. I for one would sleep much more comfortable knowing that myself and the other responsible and competent firearm owners have there weapons available and that the burglers, rapists and murderers had tangible risks associated with their occupations when they decide to target students.

    Thanks, any input, direction or advice on who to ask on this issue is always appreciated. As a side not I understand the additional risks associated with leasing contracts and school codes.

  2. #2
    Regular Member MKEgal's Avatar
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    Jan 2010
    in front of my computer, WI
    First, welcome to the forum.
    Second, a university (college, etc.) is not a school.

    What you posted looks like it's based on the federal "gun-free" school zone act, as are many state's laws.
    A school is a place that provides education to students in grades 1-12 (sometimes K-12, depending on your state; Native schools are K-12, but reservations have different rules anyway).

    BTW, the federal law does not require that a licensee stay in the car while armed.

    You want to read 18 USC 922 (q) (2)
    (A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.

    (B) Subparagraph (A) does not apply to the possession of a firearm—
    (i) on private property not part of school grounds;

    (ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;

    (iii) that is
    . . . (I) not loaded; and
    . . . (II) in a locked container, or a locked firearms rack that is on a motor vehicle;

    (iv) by an individual for use in a program approved by a school in the school zone;

    (v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;

    (vi) by a law enforcement officer acting in his or her official capacity; or

    (vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.
    Then you need to read 18 USC 921 (25) & (26) for the definition of "school zone":
    (25) The term “school zone” means—
    (A) in, or on the grounds of, a public, parochial or private school; or

    (B) within a distance of 1,000 feet from the grounds of a public, parochial or private school.

    (26) The term “school” means a school which provides elementary or secondary education, as determined under State law.
    Most states have similar wording in their laws.
    Last edited by MKEgal; 08-24-2012 at 04:22 PM.

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