General Categories > Laws and Legislation
NO CCW in Lincoln City Parks - NFOA Legal thoughts?
Husker_Fan:
I like the reasoning, but I also have IBM stock and bonds in my retirement account. That doesn't mean I can walk into the CEO's office, put my feet up on the desk and tell him I own it.
GreyGeek:
The OP gave a link to the AG opinion on CCW but didn't mention the paragraph which answered the question he asked of the city attorney:
--- Quote ---2 While not able to prohibit permitholders from carrying concealed handguns anywhere in the city, a city or village could still, under the next-to-last exception in § 69-2441(1)(a) of the act, prohibit permitholders from carrying concealed handguns in specific places or premises that it directly controls. For example, a city or village could ban concealed handguns in city-owned parks, buildings, recreation facilities, arenas, etc. The city or village would have to comply with the procedures outlined in § 69-2441(2) regarding the posting of notice.
--- End quote ---
This city park problem isn't a battle that should be pursued.
What we should using our energy for is a law to restore Constitutional Carry in the entire State, just like five other States have. We used to have Constitutional Carry in all the States in this nation. As youth in the late 1950s I took a bus 3 miles to down town Denver and purchased two M1 Garands for $75, no questions asked. I took the bus home carrying them. No one gave me a second look. Everyone owned guns and had them in their homes, cars, trucks, pickups AND concealed in their pockets and purses. No politician thought it a problem that people had a right to protect themselves using the same weapons and methods that crooks and thugs use.
It wasn't until 1927 that a nationwide prohibition on mail-order concealed weapons was banned. In 1934 unlicensed possession of automatic weapons was banned. The anti-2nd Amendment infringements were made more onerous when the Federal Firearms Act of 1938 places the first limitations on selling ordinary firearms. Persons selling guns are required to obtain a Federal Firearms License, at an annual cost of $1, and to maintain records of the name and address of persons to whom firearms are sold. Gun sales to persons convicted of violent felonies were prohibited. In 1964 I was in college in Texas when President Kennedy's assassination was announced on the radio. In August of 1966, while I was in grad school, that same radio announced the death of Charles Whiteman, the Texas Tower shooter, who was later discovered to have been afflicted with a brain tumor. Two years later, in 1968, the Gun Control Act of 1968 massively decreased a citizen's Right To Bear Arms.
Another big change was the capture of the Democrat party in 1968, at its Chicago Convention, by the Extreme Left. Since that time the Democrat part has been the locus of ALL actions designed to infringe and if possible repeal the 2nd Amendment. Lately, they've been pressing for repeal of the Constitution, calling it an outmoded document, or a "little book".
We've been shooting too low.
Gary:
November 22, 1963 12:30
SeanN:
--- Quote from: Husker_Fan on April 29, 2014, 07:45:21 AM ---I like the reasoning, but I also have IBM stock and bonds in my retirement account. That doesn't mean I can walk into the CEO's office, put my feet up on the desk and tell him I own it.
--- End quote ---
Did someone force you with the rule of law to invest in IBM? Is the CEO's office open to the public? No? Not the same.
TwoSwords:
So this is the answer from the City attorney.
The City ordinance is valid under state law, but to successfully prosecute someone who has a concealed carry permit for violating the ordinance it would be necessary to establish either that there was conspicuous posting of the prohibition on possession of firearms at the location where the violation occurred, or that a representative of the City informed the permit holder of the prohibition and asked that the weapon be removed from the property, which request was refused.
As one final point I said, why have the ordinance if we know the Lincoln Parks are not conspicuously posted?
One of the City Council members came back with, we will look at the City Park Posting.
Good, news they will be hard pressed to prosecute someone unless they are caught standing right in front of a sign in a city park. I run around Lincoln, but have not been in a City park in years, so I don't know what the posting looks like if any. You can always say, what sign?
Bad news, you could still be the test case and all this is untested in court. Don't walk past signs.
Navigation
[0] Message Index
[#] Next page
[*] Previous page
Go to full version