Road trip. Need help with Nebraska and Iowa Laws.


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Blarelli
June 29, 2008, 04:18 PM
I am driving from Utah to Minnesota in August and need to find out what my options are for packing in Nebraska and Iowa. I do have a Utah Permit, but I also know that those two states don't respect the Utah permit. As I drive through those two states, can I legally carry on my person in the car, carry in the car, carry in a locked container in the car, or can I not have a gun in the car at all? Also, are there laws about bringing a gun into a hotel?

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unspellable
June 29, 2008, 05:13 PM
Iowa does not honor any out of state permit. You will be obliged to "transport", that is, firearm unloaded and in a container "too large to conceal upon the person". I'd put it in the trunk if you have one. Note that a loaded magazine in the vehicle with the gun constitutes a loaded gun even if the magazine is not in the gun. Given the foregoing, it doesn't matter if it's a long gun or handgun.

Iowa makes no distinction between carrying concealed in a vehicle or on foot. The one exception is technically you can carry concealed while hunting, but I don't think that's an issue here.

Inside your hotel room there are no particular restrictions. (Unless the hotel comes up with one of their own in which case I'd toddle on down the road a bit.) No need for a permit to posess or anything like that.

Can't speak for Nebraska.

sd
June 29, 2008, 06:10 PM
driving from Utah to Minn, have you considered driving thru South Dakota. Shouldn't be a legal problem until yo reach Minn.

http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=23-7-7.4

Blarelli
June 29, 2008, 08:20 PM
I want to take the northern route there, but I don't have a say. It's Nebraska and Iowa.

Solo Flyer
June 29, 2008, 08:27 PM
I want to take the northern route there, but I don't have a say. It's Nebraska and Iowa

You can of course always use FOPA 1986:

http://vlex.com/vid/19190852

Nebraska car carry without a CCW:LOADED handguns may be carried in plain view or stowed in the trunk.
UNLOADED handguns may be transported in a LOCKED glove compartment.
Long guns:Shotguns must be unloaded.Loaded rifles may be carried in plain view or stowed in the trunk.
unspellable has explained Iowa.

steveno
June 29, 2008, 08:34 PM
In Nebraska you can have a loaded handgun in the car but just keep it a softcase. you can have that on the front seat. I just keep my handgun in a softcase behind the front seat of my truck on the drivers side. do not put an uncased gun in the glove box or under the seat as that is considered concealed. that part didn't change with the Nebraska ccw law. there is no reason to tell anyone you have it unless you are asked.

harrygunner
June 29, 2008, 08:54 PM
I've driven from Utah to Minnesota as part of a larger road trip. I too have a Utah permit.

To stay in states that honor my permits, I went up to Hwy 80, then as mentioned, crossed South Dakota on 90. From there you can take 29 to 94 to get to Minnesota. Your Utah permit is good in Minnesota.

But, I should mention Hwy 80 was under construction. Probably still is. I left Hwy 80 in Rawlins, WY taking 287 to Casper, then Hwy 25 to 90 east. Beautiful drive in mid-Wyoming near the Devil's Gate, towns like Muddy Gap. LOL.

If it's a casual road trip, you can venture into the Black Hills in eastern SD. I gambled $2.00 and won enough to pay for parking and a tee shirt in Deadwood.

If you want to go through Nebraska, you can open carry. But, as stated, you have to unload and store in Iowa. I spend time near Sioux City, but use hotels in South Dakota. I've limited open carry in Nebraska to my car, so I can't say anything about how people react.

Hope you enjoy the trip.

Blarelli
August 3, 2008, 11:56 PM
Sorry to resurrect an old thread, but my trip is happening this week, and I want to make sure I'm straight on a few things.

Iowa does not honor any out of state permit. You will be obliged to "transport", that is, firearm unloaded and in a container "too large to conceal upon the person". I'd put it in the trunk if you have one. Note that a loaded magazine in the vehicle with the gun constitutes a loaded gun even if the magazine is not in the gun. Given the foregoing, it doesn't matter if it's a long gun or handgun.

If I am reading this right, I cannot have a loaded mag anywhere in the car, right? Or does it mean that I can't keep a loaded magazine in the same container as the gun?

Also, open carrying in the car through Nebraska. If I am leaving the car, can I put the gun (inside a case) under a seat out of view, or do I have to leave a gun sitting on my seat where any thug can break the window and take it?

Solo Flyer
August 4, 2008, 12:49 AM
If I am reading this right, I cannot have a loaded mag anywhere in the car, right? Or does it mean that I can't keep a loaded magazine in the same container as the gun?

Also, open carrying in the car through Nebraska. If I am leaving the car, can I put the gun (inside a case) under a seat out of view, or do I have to leave a gun sitting on my seat where any thug can break the window and take it?

On Iowa, if you are concerned ,simply unload the mag and place the ammo in a factory carton in the
trunk.
On Nebraska,when leaving the vehicle ,lock the gun in the trunk.
Remember in both states(or any state) FOPA 1986,wiil always apply:

18 USC 926 - Sec. 926A. Interstate transportation of firearms
18 USC - U.S. Code - Title 18: Crimes and Criminal Procedure (January 2004)

Permanent Link: http://vlex.com/vid/19190852

Text:
Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver's compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

rcellis
August 4, 2008, 01:41 AM
Another thing about Nebraska - they have no preemption - that is, each city can have their own particular gun laws (with the exception of the federal Peaceable Journey law).. and several of them do. Kearney, Lincoln and Omaha are three stickler cities.

jlficken
August 7, 2008, 11:11 AM
Actually I believe you can carry in Lincoln. I haven't ever heard/read anything to the contrary. You can carry in Omaha too if you register your firearm with OPD beforehand. You can't carry in Hastings btw.

tyserj
August 7, 2008, 12:11 PM
Yes the police chief has said open carry is legal in lincoln, NE. It is not legal in omaha, NE without a permit. (lame I know)

And even if you have a permit to carry open or a Nebraska CCW, you can't carry if you havent registered your peice with omaha PD. (also lame, I know)

So glad I don't live there.

chubbysurvivalist
September 3, 2009, 02:09 PM
Not all, but it used to be that Nebraska didn't recognize *any* other concealed carry permit. Now they've opened the doors to 34 states, including the original poster's Utah and my state of Kansas. As a former Nebraskan, I'm glad they're finally getting with the times. Still pretty restrictive, though.

Now, only Iowa remains as a pain in my side. I live in Kansas City, and travelling up to see family in Nebraska means my concealed carry is good for the entire 200 mile, 4-state trip (KS-MO-IA-NE) EXCEPT the lousy 10 minutes I'm in Iowa.

Here's a link to the article (http://www.omaha.com/article/20090901/NEWS01/709019938).

And here's a link to my blog post (http://chubbysurvivalist.com/2009/09/03/nebraska-recognizes-other-states-concealed-carry/) about Nebraska's concealed carry reciprocity.

gvaldeg1
September 7, 2009, 05:20 AM
Thanks for posting this chubbysurvivalist!

When you're passing through Iowa you can just unload your gun and put it in the trunk. This is permitted by an exception to Iowa Code 724.4 Carrying Weapons wherein paragraph 4. states:
"4. Subsections 1 through 3 do not apply to any of the following:" and subparagraph f., which follows, states
"f. A person who for any lawful purpose carries or transports
an unloaded pistol or revolver in a vehicle inside a closed and
fastened container or securely wrapped package which is too large to
be concealed on the person or inside a cargo or luggage compartment
where the pistol or revolver will not be readily accessible to any
person riding in the vehicle or common carrier."

Therefore, it's clear that an unloaded gun in a car trunk can be legally transported through Iowa.

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