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pinnacle bank arena
Dan W:
City codes and ordinances are preempted for valid CHP holders, so only state law applies here. In my opinion conspicuous signage would be required except for school related sports events, political rallies and fundraisers
http://www.sos.ne.gov/rules-and-regs/regsearch/Rules/State_Patrol/Title-272/Chapter-21.pdf
see section 18 for state prohibited places
DR4NRA:
--- Quote from: Dan W on June 21, 2016, 09:51:30 PM ---City codes and ordinances are preempted for valid CHP holders, so only state law applies here. In my opinion conspicuous signage would be required except for school related sports events, political rallies and fundraisers
http://www.sos.ne.gov/rules-and-regs/regsearch/Rules/State_Patrol/Title-272/Chapter-21.pdf
see section 18 for state prohibited places
--- End quote ---
Will save you some time Dan. Opinion Jon Bruning 2008
3. It is our opinion that the provision found in § 69-2441(1)(a) of the Concealed Handgun Permit Act that prohibits even permitholders from carrying concealed handguns “into or onto any other place or premises where handguns are prohibited by law, rule or regulation” means that permitholders may not carry concealed handguns in a location “where the simple possession, let alone the carrying of a handgun, is otherwise prohibited.”
AGO Opinion 09001
http://ago.nebraska.gov/ag_opinion_view?oid=4133
Dan W:
--- Quote ---________________________________
3 Were a county, city or village to ban the possession or carrying of handguns throughout its geographical territory, it might run afoul of U.S. Const. amend. II and/or Neb. Const. art. I, § 1. See, District of Columbia v. Heller, __ U.S.__, 128 S.Ct. 2783 (2008) (holding municipal law that totally banned possession of firearms in the home unconstitutional as violative of Second Amendment right “to keep and bear Arms”).
permitholders will not be permitted to carry concealed handguns in or on that place or premises. On the other hand, where there is not and cannot be a valid law or rule or regulation prohibiting handguns, whether concealed or not, from a particular place or premises, then permitholders may carry concealed handguns in that location unless some other exception applies.
Therefore, it is our opinion that the exception contained in § 69-2442(1)(a) of the Concealed Handgun Permit Act barring permitholders from carrying concealed handguns “into or onto any other place or premises where handguns are prohibited by law, rule or regulation” does not grant cities and villages the authority to ban the lawful carrying of concealed handguns by permitholders.
--- End quote ---
Sandhillian:
Taken together, I think those provisions mean that a city cannot outright ban the possession or carrying of concealed handguns within its geographical boundaries. However, it may ban the possession of handguns in certain locations (i.e. the PBA), and if the possession of handguns is prohibited, so too is the carrying of concealed handguns.
DR4NRA:
Believe you are correct. As I read the opinion in 3 parts dealing with 3 diffrent scenarios. The city uses that opinion and your interpetations.
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