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by RoyGBiv
Tue May 06, 2014 3:08 pm
Forum: General Texas CHL Discussion
Topic: Question while traveling
Replies: 11
Views: 1874

Re: Question while traveling

txpilot wrote:I just recently travelled in the same states you listed and had no problems. However, I think you should be aware of one particular part in the Nebraska law:
28-1212. Presence of Firearm in Motor Vehicle; Prima Facie Evidence.
The presence in a motor vehicle other than a public vehicle of any firearm or instrument referred to in section 28-1203, 28-1206, 28-1207, or 28-1212.03 shall be prima facie evidence that it is in the possession of and is carried by all persons occupying such motor vehicle at the time such firearm or instrument is found, except that this section shall not be applicable if such firearm or instrument is found upon the person of one of the occupants therein.
The thing is Sections 1203, 1206, 1207 & 1212.03 define firearms that are Machine Guns, Stolen, Defaced or in possession of a felon. So if the occupants of the vehicle can legally possess a firearm and the firearm is legal it doesn’t fall under this law.
From that, I think it would be best to keep it on your person if at all possible. I didn't find anything similar in Kansas or Oklahoma.

BTW, this is from http://www.handgunlaw.us


Have a nice trip.
File this under "I learned something new today".
I never considered the possibility that a gun not on my body could be considered "in the possession of all occupants".

Thanks.!

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