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NO CCW in Lincoln City Parks - NFOA Legal thoughts?

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TwoSwords:
Here is what ruined my day.

I came across this article:
http://journalstar.com/news/local/govt-and-politics/hicks-you-can-t-tear-up-parks-looking-for-loot/article_731b5bc5-a999-5c9f-9b45-01d32c05fc40.html

The topic was you can't dig stuff up in a Lincoln City Park when Metal Detecting, then listed all the other stuff you can't do in a Lincoln City Park.

"No Guns even with a Permit"  Now they had my interest.

Go here, sure enough no guns in Lincoln Parks.   See - 12.08.200 Weapons Prohibited in Parks and Park Facilities.
http://www.lincoln.ne.gov/city/attorn/lmc/ti12/ch1208.pdf   

I called the Lincoln City attorney and said, I don't think they can do that and ban CCW in the Park.

NE Statute 18-1703.
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,

He replied via email, and came back they can control the "property"  Using 69-2441
a permitholder may not carry a concealed weapon in any “place or premises where the person, persons, entity, or entities in control of the property . . . has prohibited permitholders from carrying concealed handguns into or onto the place or premises . . . .”

The city "controls" the property so they can ban CCW in the parks was the justification.

I then asked about 69-2441 (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


I basically argued then if you control the property then you have to put up the signs at "every public entrance" 

And exactly how do you do that around a 10 acre park?    *Crickets*

City Attorney Refused to answer.
Lincoln PD - Yes guns are banned in the parks, nothing else.

They want to ban the guns with 69-2441 but refuse to post the sign around the entire perimeter of a park to everyone approaching on foot because they know its  ridiculous.

It's the little stuff like this that gets me the most upset because of the attitude taken with the law.  Pick and choose. 

As conservative as Nebraska is supposedly supposed to be, you pull back the covers a bit and this is what you get.  Liberal mandated control using the laws to their choosing.

And it will never change unless every last one of you call and email the Lincoln City Council and demand they drop the ordinance or put up 6000 signs around every Lincoln City park because that is what the law says.

So it stays on the books because nobody wants to be the test case in a minor issue.  I get that.

Here is the City Council email list

    demery@lincoln.ne.gov,
 lgaylorbaird@lincoln.ne.gov,
 rchristensen@lincoln.ne.gov,
 tfellers@lincoln.ne.gov,
 mmmeyer@lincoln.ne.gov,
 jcamp@lincoln.ne.gov,
 jcook@lincoln.ne.gov,
 ceskridge@lincoln.ne.gov


 

Husker_Fan:
I saw that article and had the same thought. Personally, I don't believe the city can ban a permit holder from carrying a concealed handgun in a park any more than on a sidewalk. Both are in the city's "control."

Sure, if the park was private, the owner could ban guns by conspicuously posting all entrances. However, the city is preemted from doing so, at least as it applies to a CHP holder. Even if they had the right to do so, then they would have to post every entrance conspicuously.

The only place where the city could conceivably enforce a ban is on property where it acts as a landlord such as a city office building. I think the statute may even prevent them from doing that.

Of course, my legal opinion on the matter is worth precisely what you paid for it.

IIRC, the previous city attorney in Omaha agreed with my interpretation of the statute and the Omaha Police were trained that concealed carry by a permit holder in a park is legal.

Husker_Fan:
Maybe you can be the test case. Since you have a response from the city attorney and the police saying you cannot carry, they have imposed a prior restraint on the exercise of a constitutional right. That may be enough to create standing to sue.

SemperFiGuy:
FWIW...........

The Nebraska State Patrol has a Contact Us email portal on the NSP website.

Responses to inquiries come back very quickly and are usually from an NSP attorney.

Might wanna try that option for information on this issue.   Looks as if this Lincoln ordinance may be treading on NSP's turf.  Could be presented as a constitutional issue.

sfg

newfalguy101:
The city can and it seems HAS banned CCW on City property, not any different than a private business barring CCW on their property.

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