28-1202.03. Carrying concealed handgun; identification document, required; applicability; violation; penalty.

329 words·~1 min read·/ne/chapter-28/28-1202-03

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)(a) This section applies to a person who is not otherwise prohibited by state law from possessing or carrying a concealed handgun.

(b)This section does not apply to a qualified law enforcement officer or qualified retired law enforcement officer carrying a concealed handgun pursuant to 18 U.S.C. 926B or 926C, respectively, as such sections existed on January 1, 2023.

(2)Except as provided in subsection

(3)of this section, any time a person is carrying a concealed handgun, such person shall also carry such person's identification document. The person shall display the identification document when asked to do so by a peace officer or by emergency services personnel.

(3)A person is not required to comply with this section if:

(a)Such person is storing or transporting a handgun in a motor vehicle for any lawful purpose or transporting a handgun directly to or from a motor vehicle to or from any place where such handgun may be lawfully possessed or carried by such person;

(b)Such handgun is unloaded, kept separate from ammunition, and enclosed in a case.

(4)For purposes of this section:

(a)Emergency services personnel means a volunteer or paid firefighter or rescue squad member or a person licensed to provide emergency medical services pursuant to the Emergency Medical Services Practice Act or authorized to provide emergency medical services pursuant to the EMS Personnel Licensure Interstate Compact; and

(b)Identification document means a valid:

(i)Driver's or operator's license;

(ii)State identification card;

(iii)Military identification card;

(iv)Alien registration card;

(v)Passport; or

(vi)Tribal enrollment card; and

(c)Tribal enrollment card means an identification document:

(i)Issued by a tribe which is recognized by a state or the federal government; and

(ii)Which contains a photograph of the person identified and such person's date of birth.

(5)A violation of this section is a Class III misdemeanor for a first offense and a Class I misdemeanor for any second or subsequent offense.