General Categories > Carry Issues
Signs prohibiting carry, how vague can they be?
Dan W:
kracin:
--- Quote from: barmandr on April 18, 2016, 01:59:18 AM ---Not sure how/why you'd consider "No Weapons of Any Kind" to be vague. Nebraska has no requirement regarding the use of any kind of standardized signage type/style business owners are to use. As long as the "No Weapons of any Kind" sign meets the other requirements for a business to be deemed "posted", then that sign carries the weight of law.
--- End quote ---
"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."
because the laws state specifically about prohibiting carrying of a concealed handgun. and saying weapons in general can mean anything that can be a weapon. a purse with a heavy enough object in it is a weapon, a pen is a weapon, a knife under 3" is a weapon. etc.
only a gun is a gun, and there are specific no firearms/no guns signs as well.
thats why i mean it's vague, because it doesn't use the same wordage that the laws do when talking about prohibiting. and laws can be interpreted many different ways.
Mali:
--- Quote from: kracin on April 30, 2016, 05:27:13 PM ---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."
because the laws state specifically about prohibiting carrying of a concealed handgun. and saying weapons in general can mean anything that can be a weapon. a purse with a heavy enough object in it is a weapon, a pen is a weapon, a knife under 3" is a weapon. etc.
only a gun is a gun, and there are specific no firearms/no guns signs as well.
thats why i mean it's vague, because it doesn't use the same wordage that the laws do when talking about prohibiting. and laws can be interpreted many different ways.
--- End quote ---
I think you would find it difficult to win an legal argument regarding this being vague as a gun is legally a weapon and thus the sign prohibits firearms as well as the litany of other items including my pocket knife I always carry.
In all honesty, I have no problem with them telling me that since I will just turn around and go somewhere else if I can. If I can't then I will begrudgingly disarm. They have the legal right to tell me I can't carry in their facility, but I have the legal right to sue them for failing to protect me if something happens. I may not win, but I will give it a run and force the discussion regarding the ramifications of posting your facility. ;)
JTH:
--- Quote from: kracin on April 30, 2016, 05:27:13 PM ---because the laws state specifically about prohibiting carrying of a concealed handgun. and saying weapons in general can mean anything that can be a weapon. a purse with a heavy enough object in it is a weapon, a pen is a weapon, a knife under 3" is a weapon. etc.
--- End quote ---
Not according to the law, they aren't. There are legal definitions of "weapons". In those laws and definitions, there are some gray areas, but most are quite clear--and for the ones that aren't clear, it is up to the person complaining to prove it.
hilowe:
--- Quote from: jthhapkido on May 02, 2016, 10:00:36 AM ---Not according to the law, they aren't. There are legal definitions of "weapons". In those laws and definitions, there are some gray areas, but most are quite clear--and for the ones that aren't clear, it is up to the person complaining to prove it.
--- End quote ---
If I remember correctly, unless the city you're in has a different definition, by state law, a knife with a blade under 3 1/2" is not considered a weapon.
Hence, the reason I have my quick open with a 3 1/4" blade on me most of the time.
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