STATE OF
AGENCY LEGISLATIVE PROPOSAL
2010 SESSION
Document
Name (e.g., OPM051.doc; OPM052.doc)
Agency
DEPARTMENT
OF PUBLIC SAFETY Agency
Priority (necessary)
Title of Proposal
Carrying
A Pistol or Revolver Concealed. Statutory
Reference
New X Resubmittal
ATTACH COPY OF FULLY DRAFTED BILL (Required for
review)
APPROVAL OF OTHER AFFECTED AGENCY (Attach additional approvals if
necessary
Summary
of Proposal (Include background information)
This new
law would require that a pistol or revolver be carried concealed. With certain exceptions for peace officer,
parole officers, corrections officers of this state and other states while
engaged in official duties as well as federal marshals, agents, armed forces
and licensed armed security guards in pursuit of their duties. Also included are the penalties for
violations of this act.
Reason
for Proposal (Include significant policy and programmatic impacts)
Significant Fiscal Impacts
Municipal: None
Federal: None
State: Penalties would increase the general
fund.
(NEW) CARRYING A PISTOL OR REVOLVER CONCEALED. Exceptions. Definitions. Penalties.
(a) Any person carrying a pistol or
revolver, pursuant to the provision of section 29-35, shall conceal such pistol
or revolver.
(b)
The provisions of this subsection shall not apply to the carrying of any pistol
or revolver by any parole officer or peace officer or a uniformed corrections
officer of this state, or parole officer or peace officer of any other state
while engaged in the pursuit of official duties, or federal marshal or federal
law enforcement agent, or to any member of the armed forces of the United
States, as defined by section 27-103, or of this state, as defined by section
27-2, when on duty or going to or from duty, or a uniformed armed security
officer licensed to carry a pistol or revolver while engaged in the performance
of their official duties.
(c)
Concealed pistol or revolver means a firearm, that is a pistol or revolver that
is covered or enclosed in any manner that an observer cannot determine that it
is a handgun without removing it from that which covers or encloses it or
without opening, lifting, or removing that which covers or encloses it. However, concealed handgun does not include a
shotgun or rifle.
(d)
Any person who violates any provision of subsection (a) of this section shall:
(1) for conviction of a first offense, be fined not less than five hundred
dollars or more than two thousand dollars, and (b) be imprisoned not more than
one year; and (2) for a subsequent conviction of this offense (a) be fined not
less than two thousand dollars or more than five thousand dollars, and (b) be
imprisoned not more than five years.