open carry in city parks

[TROYHAYS]

I m new to this but i was just checking if any body knows if it legal to open carry in a city park

[shooter]

 what city?

[Mali]

Unfortunately the city of Omaha bans all carry in their parks, concealed or open.

Can't wait for the preemption bill to pass next session.

[JAnders]

If I don't see a sign, I carry Personally I'd advise against open carry in any situation because it just makes you the first target, but that's a whole nother beast

[Husker_Fan]

I don't know the cure administration's policy but the former city attorney in Omaha was of the opinion that even posting city parks could not prevent a CHP holder from carrying.


Sent from my iPhone using Tapatalk

[H2O_King89]

I thought the state law was uniform across the whole state and prevented townships making their own laws?

[TROYHAYS]

I m new to this but i was just checking if any body knows if it legal to open carry in a city park

the city is Cozad , NE

[OnTheFly]

Unfortunately the city of Omaha bans all carry in their parks, concealed or open.

Can't wait for the preemption bill to pass next session.

I thought the state law was uniform across the whole state and prevented townships making their own laws?

This was a battle in the legislature a few (couple?) years ago.  I would have to look up the LB #, but H2O_King89 is correct.  Unless that park is posted "No CC", then Omaha can not restrict concealed carry.  Open is another story (in Omaha).  Considering that they would have to post a "No CC" sign every six feet along the park perimeter, I highly doubt they would have luck enforcing this in a park.  Now if the park has a fence all the way around and there are limited access points that could each be posted with "No CC" signage, then it would hold water.

ETA:  @TROYHAYS...You will have to search Cozad ordinance to find out if open carry is allowed.  Even if it is, expect to have a conversation with the local po-po after the first hoplophobe calls them regarding "man in park with gun".

Fly

[AAllen]

Besides Omaha having limits other cities also have limits on carry, an example the City of Blair bans the open carry of loaded firearms everywhere in the city.  To know about any given city you would need to read their local ordinances and possibly talk to an attorney.  We really need LB289 to pass and end this patchwork of laws.

[FarmerRick]

Besides Omaha having limits other cities also have limits on carry, an example the City of Blair bans the open carry of loaded firearms everywhere in the city.  To know about any given city you would need to read their local ordinances and possibly talk to an attorney.  We really need LB289 to pass and end this patchwork of laws.

Do you have a source for that info?  That's news to me, for sure.

[Mali]

Unless that park is posted "No CC", then Omaha can not restrict concealed carry.  Open is another story (in Omaha).  Considering that they would have to post a "No CC" sign every six feet along the park perimeter, I highly doubt they would have luck enforcing this in a park.  Now if the park has a fence all the way around and there are limited access points that could each be posted with "No CC" signage, then it would hold water.

They actually do have signs posted that include CC, unfortunately.

[OnTheFly]

They actually do have signs posted that include CC, unfortunately.

Where are the signs?  At sidewalk and driveway entrances?  Is there a fence all the way around controlling how a person enters the park, or can they enter at a multitude of locations which do not have signage?

Fly

[Mali]

Where are the signs?  At sidewalk and driveway entrances?  Is there a fence all the way around controlling how a person enters the park, or can they enter at a multitude of locations which do not have signage?

Fly

Yes, sidewalk and driveway entrances, but no fences for most of them. Not happy about it at all.
I shall endeavor to acquire a picture of said signs.

[OnTheFly]

Yes, sidewalk and driveway entrances, but no fences for most of them. Not happy about it at all.
I shall endeavor to acquire a picture of said signs.

How could that be enforceable?  If you can enter the park without a sign in sight, then how could you be charged?  I'm not expecting you, Mali, to come up with an answer.  More of a rhetorical question.

Fly

[Husker_Fan]

My personal view is that the existing, limited preemption for CHP holders would prohibit a park ban by a city.

It would take a test case to find out for sure.


Sent from my iPhone using Tapatalk

[DR4NRA]

http://lincoln.ne.gov/city/attorn/lmc/ti12/ch1208.pdf


12.08.200 Weapons Prohibited in Parks and Park Facilities.
(a) It shall be 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.
(b) It shall be unlawful for any person to possess or discharge, or cause to be discharged,
within any park or park facility, 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, whether the instrument is called by any name set forth above or by
any other name.
(c) Notwithstanding the foregoing, the Director of the Parks and Recreation Department
may designate areas in certain parks and park facilities to allow various organized programs to
engage in the activities described herein.


AND NO SIGNS. But if you want to be the test case have at it.

Link you might like to look at.

http://handgunlaw.us/documents/NECityLaws.pdf

[Dan W]

12.08.200 is preempted for any valid CHP holder, and if there are no signs to meet state law requirements, then  I will " keep calm and carry on"... And, yes I will be the test case if ever charged

[DR4NRA]

Dan,
  Can you please point me to the statute regarding that specifically under city or state.
Thanks.

[Dan W]

The language is from LB430 passed in 2009...I am not certain of the statute it is  found in anymore, but it is in the area limiting powers of cities

ETA statute is 18-1703

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.
Source

    Laws 2009, LB430, § 5;
    Laws 2010, LB817, § 2.


Cross References

    Concealed Handgun Permit Act, see section 69-2427

[OnTheFly]

AND NO SIGNS. But if you want to be the test case have at it.

This blanket city code no longer stands in regards to CC after the legislature passed the statute that Dan W is referring to.  So in reference to CC, your point is like a cow's opinion, it doesn't matter (moot).

Fly