2006 Nebraska Revised Statutes - § 28-1202 — Carrying concealed weapon; penalty; affirmative defense.

Section 28-1202
Carrying concealed weapon; penalty; affirmative defense.

(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 revolver, pistol, bowie knife, dirk or knife with a dirk blade attachment, 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 as defined in section 69-2429.

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

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

Cross References:

Concealed Handgun Permit Act, see section 69-2427.

Source:

Laws 1977, LB 38, § 234

Laws 1984, LB 1095, § 1

Laws 2006, LB 454, § 22.

~ Revised Statutes Cumulative Supplement, 2006