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NO CCW in Lincoln City Parks - NFOA Legal thoughts?

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Dan W:
The Lincoln City Council is under full control of the Democrats and it is futile to call them and demand anything.

It is also futile for the City attorney and the LPD to defy state law by knowingly giving false information concerning the legal carry of concealed handguns in the parks.

The State Patrol has issued the rules and regulations, and in the definitions they list


--- Quote ---002.13 “Posted conspicuous notice” shall mean a clearly visible sign posted at each public entrance to a place or premises open to the public which shall clearly state that concealed handguns are not allowed in the place or on the premises. A recommended format for the sign can be found in Section 018.04 of these regulations.
--- End quote ---

State wide preemption exists


--- Quote ---"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. 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, is declared to be null and void as against any permitholder possessing a valid permit under the act."
--- End quote ---

So, the only thing missing here is legal precedent, and in a court of law I don't think the Lincoln City Attorney has a chance of upholding his view of the ordinance in question, because the City has not met the burden of the state rules on posted conspicuous notice.

The 2nd Amendment Foundation would probably love a case like this.

Dave1215:
(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.

Since a park is wide one with generally no specific "entrance" then how do you post a conspicuous notice?

Dan W:

--- Quote from: Dave1215 on April 25, 2014, 10:03:43 PM ---Since a park is wide one with generally no specific "entrance" then how do you post a conspicuous notice?
--- End quote ---


Not my problem!

NE Bull:
.This has been a big sliver in my back side for quite a while, too.  I have voiced my concern many a time. I'm not sure if this is something the NFOA can lobby the council on, or if it would in fact take court action. .....

BUT I will say this; I WILL NOT go to places like Wilderness or Hiking the trails of Pioneers unarmed.  Take that as you like.

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NE Bull:
I wonder if a presence at a council meeting and raising  question to the ' law' would do any good.  We would have to have our crap together; citing the homicides, attacks, sexual predators, drug busts, etc. that are know to happen in or in the vicinity of Lincoln Parks, including the famed miles and miles of bike trails.
Antelope valley Ditch? Oak Lake? Bowling Lake? The other lake on the other side of town? Holmes? ( whew, late night brain belch)
Anyone have the time and means to collect that data?
If we can get a group together to bring this forward, I WILL see what I can do on this end ( and what our organization's boundaries may be), and see if this is something SAF might be interested in taking on- without a test case, I'm not so sure.



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