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Author Topic: Carry at the capitol?  (Read 1757 times)

Offline rudy

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Carry at the capitol?
« on: November 25, 2015, 09:50:10 AM »
I read a story in the Journal star recently about security at the capitol building. (http://journalstar.com/legislature/senators-raise-capitol-security-concerns/article_c578fcb2-893c-57d4-8f05-6deecb72a9c2.html)  The story had an interesting tidbit:

"Concealed carry of guns is not allowed in the Capitol because of the presence of the courts, Collins said. Open carry is allowed." (the story states that Collins is a State Patrol spokeswoman)

I was aware that concealed carry at the capitol was prohibited due to courtrooms in the building; however, I was unaware that open carry was allowed.  Is this one of those things where if it isn't expressly prohibited, it is allowed?

Offline m morton

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Re: Carry at the capitol?
« Reply #1 on: November 25, 2015, 01:20:10 PM »
 to my knowledge your not allowed to Concealed carry or open carry.. at any court house

Situations or Circumstances Where Carrying a Gun is Illegal

It is illegal to carry a concealed firearm without a permit. But even with a permit, it is illegal to carry weapons in some locations, including:

    school grounds
    into a law enforcement office or building
    in jail or prison facilities
    in a courtroom or building which contains a courtroom
    at a polling place during an election, or during political rallies or fundraisers
    in government offices or meeting places, including meetings of the legislature or committees
    financial institutions
    athletic events
    hospitals
    in secured areas of airport facilities
    within a church or synagogue (or other similar place of worship)
    during a parade
    establishments licensed to sell liquor,
    or any other place prohibited by federal law.
I will allow myself one personal observation. If you want to disarm yourself, that is your choice. The following quote is a favorite of mine and something to keep in mind when you make that choice.

“Sheep don’t tell wolves what’s for dinner.”

Offline Sandhillian

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Re: Carry at the capitol?
« Reply #2 on: November 25, 2015, 01:29:31 PM »
Situations or Circumstances Where Carrying a Gun is Illegal

It is illegal to carry a concealed firearm without a permit. But even with a permit, it is illegal to carry weapons in some locations, including:

    school grounds
    into a law enforcement office or building
    in jail or prison facilities
    in a courtroom or building which contains a courtroom
    at a polling place during an election, or during political rallies or fundraisers
    in government offices or meeting places, including meetings of the legislature or committees
    financial institutions
    athletic events
    hospitals
    in secured areas of airport facilities
    within a church or synagogue (or other similar place of worship)
    during a parade
    establishments licensed to sell liquor,
    or any other place prohibited by federal law.

What is your source for this?

Offline Sandhillian

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Re: Carry at the capitol?
« Reply #3 on: November 25, 2015, 01:33:42 PM »
I'm not aware of any law in Nebraska that prohibits openly carrying a firearm in any location except a school.  Neb. Rev. Stat. sec. 28-1204.04.

Offline m morton

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Re: Carry at the capitol?
« Reply #4 on: November 25, 2015, 02:16:35 PM »
sources:
http://www.criminaldefenselawyer.com/resources/open-and-concealed-gun-carry-laws-nebraska.htm
http://civilliberty.about.com/od/guncontrol/a/Nebraska-Gun-Laws.htm

any place posted with the no weapon sign includes all weapons open or concealed . i know Omaha has them at the court house it even has metal detectors and county sheriff posted at the doors  to enforce it .
I will allow myself one personal observation. If you want to disarm yourself, that is your choice. The following quote is a favorite of mine and something to keep in mind when you make that choice.

“Sheep don’t tell wolves what’s for dinner.”

Offline TroyR

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Re: Carry at the capitol?
« Reply #5 on: November 25, 2015, 03:26:44 PM »
I had heard that the sign legally only applies to concealed carry and not to open carry. Where do we check to see if true?  Seems to me that most would intend it to mean ALL GUNS, but I am curious if anyone knows whether the sign legally applies to open carry.  I'd personally never suggest carrying either way if a place has a sign up.
« Last Edit: November 25, 2015, 05:55:24 PM by TroyR »

Offline AAllen

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Re: Carry at the capitol?
« Reply #6 on: December 07, 2015, 10:49:02 AM »
Other than Omaha and Blair which have their own licensing/prohibitions on the open carry of firearms (we need LB 289 to pass and get rid of these) there is no laws (it is possible there is another community that I do not personally know of, if you know of one please share so we can get it on the list) pertaining to the open carry of firearms in Nebraska. Since it is not illegal it therefore must be legal.  The posting of places as no carry only carries a legal prohibition to those with a CHP, like someone else said the signs should generally be taken as a statement by the management that they do not want guns there, so they could ask an open carrier to leave and if they do not have them charged with trespassing.  This carries the same punishment as it would for someone with a CHP.

Even though there are no laws against the open carry of firearms in courthouses any other than law enforcement doing so would be asked to leave, individual interactions with law enforcement would vary and individual attitudes would highly effect how things get handled.

Offline sidearm1

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Re: Carry at the capitol?
« Reply #7 on: December 07, 2015, 11:28:20 AM »
While I haven't found anything on open carry, I expect you would be asked to leave after being detained.  As far as concealed carry go, state statute 69-2441 details where you can't carry concealed.

Offline Sandhillian

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Re: Carry at the capitol?
« Reply #8 on: December 07, 2015, 06:40:26 PM »
sources:
http://www.criminaldefenselawyer.com/resources/open-and-concealed-gun-carry-laws-nebraska.htm
http://civilliberty.about.com/od/guncontrol/a/Nebraska-Gun-Laws.htm

Neither one of those are very good sources.  I noticed a few errors in each.

Like Andy said, and as I noted above, there are no state laws on the subject of where you can and cannot open carry, except for schools.

Don't take that to mean that it's ok to open carry in a courthouse, I'm just saying it's not illegal as a result of state law.
« Last Edit: December 07, 2015, 06:43:34 PM by Sandhillian »