Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
BCM
User Panel

Posted: 5/9/2016 4:27:20 PM EDT
Wonderful new opinion from the Nebraska Supreme Court because of the Legislature's idiocy.  After the 2009 amendment to 28-1202 there has been some question about how the Amendment relates to previous holdings of the Supreme Court regarding the carrying of a concealed knife.  Unfortunately, in State v. Nguyen the Court has answered the question.  The 2009 amendment has now made any knife greater than 3.5" a per se deadly weapon.  Anyone carrying knife concealed that is greater than 3.5" is now in violation of 28-1202.

Note that in the Nguyen, the defendant was carrying the knife in the visor of his vehicle.  One should assume that this law can and will be enforced per the standard interpretations of a concealed weapon in a vehicle.  Now that intent has been removed, that lost knight under your seat could get you a misdemeanor conviction (second offense felony).

State v. Nguyen
Link Posted: 5/9/2016 7:21:11 PM EDT
[#1]
Does it matter if one has a CHP?  Damn, now I have to buy another knife.
Link Posted: 5/9/2016 7:54:11 PM EDT
[#2]
Nope. Your CHP only covers a handgun. Sen. Chambers was right about that point of stupidity during floor debates.
Link Posted: 5/9/2016 10:01:29 PM EDT
[#3]
Link Posted: 5/12/2016 9:48:06 PM EDT
[#4]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Hmm...  I thought the 3.5" limit was pretty much widely known for years.  
View Quote


Yes, but pre-2009 amendment, the State was required to prove intent. Now driving back home from the lake with a filet knife in you center console is a crime because the State no longer has to prove that you had an intent to use it as a deadly weapon.
Link Posted: 5/12/2016 11:58:39 PM EDT
[#5]
Sounds like we're waiting for the next big 2A case to make it to the feds.  I just love relying on those guys...
Link Posted: 5/14/2016 2:06:41 AM EDT
[#6]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Hmm...  I thought the 3.5" limit was pretty much widely known for years.  
View Quote

Was when I was in the academy in 1998
Link Posted: 5/15/2016 11:31:02 PM EDT
[#7]
So a fillet knife in a tackle box is illegal.
Link Posted: 5/25/2016 10:08:19 PM EDT
[#8]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
So a fillet knife in a tackle box is illegal.
View Quote


No.

28-1202: it is an affirmative defense to this section that the defendant was engaged in any lawful business, calling, or employment at the time he or she carried such weapon or weapons.
Link Posted: 5/25/2016 10:24:44 PM EDT
[#9]
Discussion ForumsJump to Quoted PostQuote History
Quoted:


No.

28-1202: it is an affirmative defense to this section that the defendant was engaged in any lawful business, calling, or employment at the time he or she carried such weapon or weapons.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
So a fillet knife in a tackle box is illegal.


No.

28-1202: it is an affirmative defense to this section that the defendant was engaged in any lawful business, calling, or employment at the time he or she carried such weapon or weapons.

My knife is a landscaping tool
Close Join Our Mail List to Stay Up To Date! Win a FREE Membership!

Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!

You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.


By signing up you agree to our User Agreement. *Must have a registered ARFCOM account to win.
Top Top