General Categories > Carry Issues
Alamo Drafthouse Cinema
Gene Kelly:
I wonder: Is the 51% rule constitutional? After all, isn't it impermissibly vague as to how the calculation is to be performed? And, isn't it irrational to requires the permit holder to make a conclusion based on facts not available to the public (i.e. is this establishment making more than 51% of money from liquor sales... at any given time, and over what interval)?
But, how does one establish court standing without first being place in jeopardy via arrest, confiscation, and fine/jail?
Mali:
--- Quote from: kelly on August 10, 2015, 03:25:06 PM ---I wonder: Is the 51% rule constitutional? After all, isn't it impermissibly vague as to how the calculation is to be performed? And, isn't it irrational to requires the permit holder to make a conclusion based on facts not available to the public (i.e. is this establishment making more than 51% of money from liquor sales... at any given time, and over what interval)?
But, how does one establish court standing without first being place in jeopardy via arrest, confiscation, and fine/jail?
--- End quote ---
You are correct in that we are put int he position of having to guess the income percentages for a restaurant before carrying in that location. I believe we had an bill before the unicameral that dealt with this issue this year by requiring the facility to post a sign indicating if they were over 50%. However, I don't think it went all that far.
Gene Kelly:
I'm thinking the prohibition on carrying at a "political rally or fundraiser" is also unconstitutionally vague. What constitute a "political rally"? A sign protest? Petition gathering? When guys sit around drinking coffee and talking politics? When the number in the "rally" is more than three? Or, if someone passes a hat for donations?
Is there text of changes we (NFOA) want to add to/modify the CC statutes?
jFader:
--- Quote from: kelly on August 10, 2015, 04:16:36 PM ---
Is there text of changes we (NFOA) want to add to/modify the CC statutes?
--- End quote ---
Yes....I think that most of us would scrap at least half of it....or rewrite the entire thing. There were a couple of bills this year that aimed at making some changes to the Nebraska Concealed Handgun Permit act but none of them gained much steam.
In my opinion the Nebraska Legislature doesn't make firearm bills much of a priority because so few people contact their state senator to voice their concerns.
I also spoke with the owner of the Alamo Draft house via messenger...still waiting on a returned call. I initially saw someone posted on facebook that they were not going to allow ccw....I went to the facebook page, asked the question differently, was told that they had spoke to other locations & the lavista police & decided to not allow it... after a few more exchanges the post disappeared & we received messages that it is allowed & the person in charge of their Facebook page misspoke.
OnTheFly:
--- Quote from: Dan W on August 08, 2015, 02:52:38 PM ---Yes, otherwise I would not have asked
--- End quote ---
So you find out that a particular business has 51%+ of revenue from alcohol sales when you previously could not be expected to have reasonable knowledge of this. What have you gained except knowledge that preempts you from carrying in this establishment where before you could have argued that there was no way to know. Obviously, you could not argue that you were unaware a business which only sells alcohol and peanuts would be off limits to CC, but if it is a business where there is a reasonable doubt...why ask?
Fly
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