I've got a few questions for you guys. My wife and I like to use the Lincoln City Libraries. All of them that I've been to are posted "no weapons" (see attached image). Out of curiosity, I looked up the two law references that are on the postings. One is a Lincoln City Municipal Code, the other is Nebraska State Law. Additionally, I read in the Journal Star today that guns are banned in Lincoln City Parks and that there is a proposal to make the wording more strict:
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In the sections dealing with Parks and Recreation, the changes would expand areas in which guns are not allowed.
Weapons are banned in city parks (current language) or a park facility (new language), unless the parks director designates a special area, according to city ordinance.
The specific language names an assortment of weapons, leaving little to chance.
"(It is) unlawful for any person to possess or discharge, or cause to be discharged, within any park or park facility, any firearm, including, but not limited to, any pistol, revolver, shotgun, or rifle.”
The ordinance also bans “any air rifle, bow and arrow, crossbow, toy pistol, toy gun, slingshot, or any other air, gas, manually operated or spring operated gun, weapon, apparatus, or instrument designed or intended to be used for the purpose of throwing or projecting missiles of any kind by any means whatsoever …” and “by any name.”
The ordinance doesn’t specifically address concealed handguns. But the language means one cannot carry a handgun in a park even if he or she has a concealed carry permit, said City Attorney Rod Confer.
source:
http://journalstar.com/news/local/govt-and-politics/nancy-hicks-silly-signs-back-just-in-time-for-christmas/article_ec496e04-960f-5d4a-bc50-0eae50efc2e7.htmlTo cut to the chase, I'm wondering if the Lincoln City Municipal Code banning the possession of weapons on city property is null and void for permit holders based on statewide preemption.
For your reference, here is Nebraska Revised Statute 69-2441
69-2441. Permitholder; locations; restrictions; posting of prohibition; consumption of alcohol; prohibited.
(1)(a) A permitholder may carry a concealed handgun anywhere in Nebraska, except any: Police, sheriff, or Nebraska State Patrol station or office; detention facility, prison, or jail; courtroom or building which contains a courtroom; polling place during a bona fide election; meeting of the governing body of a county, public school district, municipality, or other political subdivision; meeting of the Legislature or a committee of the Legislature; financial institution; professional or semiprofessional athletic event; building, grounds, vehicle, or sponsored activity or athletic event of any public, private, denominational, or parochial elementary, vocational, or secondary school, a private postsecondary career school as defined in section 85-1603, a community college, or a public or private college, junior college, or university; place of worship; hospital, emergency room, or trauma center; political rally or fundraiser; establishment having a license issued under the Nebraska Liquor Control Act that derives over one-half of its total income from the sale of alcoholic liquor; place where the possession or carrying of a firearm is prohibited by state or federal law; a place or premises where the person, persons, entity, or entities in control of the property or employer in control of the property has prohibited permitholders from carrying concealed handguns into or onto the place or premises; or into or onto any other place or premises where handguns are prohibited by state law.
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(2) If a person, persons, entity, or entities in control of the property or an employer in control of the property prohibits a permitholder from carrying a concealed handgun into or onto the place or premises and such place or premises are open to the public, a permitholder does not violate this section unless the person, persons, entity, or entities in control of the property or employer in control of the property has posted conspicuous notice that carrying a concealed handgun is prohibited in or on the place or premises or has made a request, directly or through an authorized representative or management personnel, that the permitholder remove the concealed handgun from the place or premises.
I don't see anything in here that would make a public city library or park a prohibited place; although, the city may make the case that section 2 gives them the power to post a library or park. I would assume that this is why there is the Lincoln City Municipal Code 9.36.130, which is shown below for your reference:
Lincoln City Municipal Code 9.36.130
9.36.130 Possession of Firearms and Dangerous Weapons in City and/or
County Facilities; Prohibited.
(a) It shall be unlawful for any person to knowingly possess or cause to be present a
firearm or other dangerous weapon in a city and/or county facility.
(b) This section shall not apply to possession of a firearm or other dangerous weapon by:
(1) An officer, agent, or employee of a state or a political subdivision thereof who
is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution
of any violation of law, while in the lawful performance of official duties.
(2) Licensed shooting galleries or archeries.
(3) Any range operated, supervised, or maintained by the State of Nebraska or
any political subdivision thereof when in connection with an educational or training program.
(4) Authorized shows, performances and/or exhibitions displaying or using guns
and/or knives. (Ord. 18794 §1; August 21, 2006).
From my carry class, I knew that there was statewide preemption, so I went and read what it actually says. For your reference, here is what the statewide preemption says:
Nebraska Revised Statute 18-1703:
18-1703. Ownership, possession, and transportation of concealed handguns; power of cities and villages; existing ordinance, permit, or regulation; null and void.
Cities and villages shall not have the power to regulate the ownership, possession, or transportation of a concealed handgun, as such ownership, possession, or transportation is authorized under the Concealed Handgun Permit Act, except as expressly provided by state law, and shall not have the power to require registration of a concealed handgun owned, possessed, or transported by a permitholder under the act. Any existing city or village ordinance, permit, or regulation regulating the ownership, possession, or transportation of a concealed handgun, as such ownership, possession, or transportation is authorized under the act, except as expressly provided under state law, and any existing city or village ordinance, permit, or regulation requiring the registration of a concealed handgun owned, possessed, or transported by a permitholder under the act, is declared to be null and void as against any permitholder possessing a valid permit under the act.
After reading this, I noticed that in both the Lincoln City Municipal Code and the statewide preemption the word "possess" was used, not carry. Statewide preemption makes it pretty clear that city ordinances or regulations regulating the possession of a concealed handgun carried under the concealed handgun act are null and void for a permit holder. Would this mean that the Lincoln City Municipal Code that prohibits the possession of weapons in city or county facilities is null and void for permit holders? If so, this would also mean that the Lincoln City Attorney is wrong in his statement that concealed handgun permit holders may not carry in city parks.
