28-1202. Carrying concealed weapon; penalty; affirmative defense; applicability of provisions.

(1)(a) Except as otherwise provided in this section, any person who carries a weapon or weapons concealed on or about his or her person, such as a handgun, a knife, brass or iron knuckles, or any other deadly weapon, commits the offense of carrying a concealed weapon.

(b) It is an affirmative defense that the defendant was engaged in any lawful business, calling, or employment at the time he or she was carrying any weapon or weapons and the circumstances in which such person was placed at the time were such as to justify a prudent person in carrying the weapon or weapons for the defense of his or her person, property, or family.

(2) This section does not apply to a person who is the holder of a valid permit issued under the Concealed Handgun Permit Act if the concealed weapon the defendant is carrying is a handgun.

(3)(a) This section does not apply to storing or transporting a firearm in a motor vehicle for any lawful purpose or to transporting a firearm directly to or from a motor vehicle to or from any place where such firearm may be lawfully possessed or carried by such person, if such firearm is unloaded, kept separate from ammunition, and enclosed in a case. This subsection shall not apply to any person prohibited by state or federal law from possessing, carrying, transporting, shipping, or receiving a firearm.

(b) For purposes of this subsection, case means (i) a hard-sided or soft-sided box, container, or receptacle intended or designed for the primary purpose of storing or transporting a firearm or (ii) the firearm manufacturer's original packaging.

(4) Carrying a concealed weapon is a Class I misdemeanor.

(5) In the case of a second or subsequent conviction under this section, carrying a concealed weapon is a Class IV felony.

Source:Laws 1977, LB 38, § 234; Laws 1984, LB 1095, § 1; Laws 2006, LB 454, § 22; Laws 2009, LB63, § 10; Laws 2021, LB236, § 3.

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