State Codes and Statutes

Statutes > Nebraska > Chapter28 > 28-1202

28-1202. Carrying concealedweapon; penalty; affirmative defense.(1)(a) Exceptas otherwise provided in this section, any person who carries a weapon orweapons concealed on or about his or her person, such as a handgun, a knife, brass oriron knuckles, or any other deadly weapon, commitsthe offense of carrying a concealed weapon.(b) It is an affirmative defense that the defendant was engagedin any lawful business, calling, or employment at the time he or she was carryingany weapon or weapons and the circumstances in which such person was placedat the time were such as to justify a prudent person in carrying the weaponor weapons for the defense of his or her person, property, or family.(2) This section does not apply to a person who is the holderof a valid permit issued under the Concealed Handgun Permit Act if the concealedweapon the defendant is carrying is a handgun.(3) Carrying a concealed weapon is a Class I misdemeanor.(4) In the case of a second or subsequent conviction underthis section, carrying a concealed weapon is a Class IV felony. SourceLaws 1977, LB 38, § 234; Laws 1984, LB 1095, § 1; Laws 2006, LB 454, § 22; Laws 2009, LB63, § 10. Cross ReferencesConcealed Handgun Permit Act, see section 69-2427. AnnotationsIn order to be a deadly weapon per se under subsection (1) of this section, the weapon must be one specifically enumerated in the statute. Whether an object or weapon not specifically named in the statute is a deadly weapon is a question of fact to be determined by the trier of fact, and the resolution of that fact question will depend on the evidence adduced as to the use or intended use of the object or weapon. State v. Williams, 218 Neb. 57, 352 N.W.2d 576 (1984).Whether an object or weapon not specifically enumerated in subsection (1) of this section was a deadly weapon is a question of fact to be decided by the trier of fact. State v. Kanger, 215 Neb. 128, 337 N.W.2d 422 (1983).Section 28-1202(1), R.S.Supp.,1978, combined with the definition of "deadly weapon" found in section 28-109, R.S.Supp.,1978, is sufficiently definite to meet the requirements of the first and fifth amendments to the U.S. Constitution and Art. I, section 3, of the Nebraska Constitution. State v. Valencia, 205 Neb. 719, 290 N.W.2d 181 (1980).When a person is charged with violation of this section, the State need not prove that a revolver or gun is operable in order to establish that it is a "firearm". The test is whether evidence of possession of a revolver or gun of prohibited description, which is in apparently good condition and has the characteristics and appearance commonly understood to be those of the firearm it purports to be, is prima facie evidence sufficient to go to the trier of fact in a prosecution for carrying a concealed weapon. In re Interest of Cory P., 7 Neb. App. 397, 584 N.W.2d 820 (1998).Any instrument that consists of finger rings or guards made of a hard substance and that is designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with a fist enclosed in the knuckles is per se a deadly weapon under this section. State v. Lewis, 6 Neb. App. 867, 577 N.W.2d 774 (1998).