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Omaha oakview mall
SemperFiGuy:
It's an interesting pastime to check out the various "No Concealed Weapons" signage forms around Nebraska.
[Actually, they are intended for "No Concealed Handguns", but that's another whole story about the legal nature of "weapons", "deadly weapons", etc.]
Methodist Hospital [Omaha] has no signs on the two main entrance doors fed by the major overhead walkways from the parking garage. However, the other doors on the ground floor below, across from the parking garage are signed. Further. the NCW signs are on the coming out doors, not the going in doors. The coming out doors swing away in such a manner that if someone else is coming out while you are going in, you will not see the NCW sign. Their intent appears to be to post the entire premises, not just the ICUs and ERs, which do not need posting. The Methodist signage needs work to clarify their intent. Nevertheless, you could still be busted.
The Westwood Shopping Center at 120th and Center [Omaha] has NCW signs posted at the main street entrances to their parking lots. Hardly the place you'd be checking for NCW signage. Yet none of the actual building doors and entrances in the entire shopping center are posted. Nevertheless, you could still be busted.
1 Valmont Plaza [Omaha] has a very high quality white frosted etched glass NCW sign posted well to the right side of their main entrance door. Hardly where you'd look. Hardly looks like NCW posting. Looks like some sort of a financial institution logo, until closely examined. Yet, you could be busted.
And many, many more such instances are seen around town.
At a glance, any NCW sign could be mistaken for the "No Smoking", "No Trucks", "No Parking" and similar "No Whatever" signs commonly encountered. You've got to be alert and careful, considering the potential penalties, which also include legal fees and loss of CHP.
Nebraska CHPs carrying on posted premises face an immediate NCW violation charge which carries a 3rd Class Misdemeanor penalty. By contrast, if Iowa CCWs violate Iowa signage, at first they only may be asked to leave the premises. If they do so immediately, then there's no bust and no penalty. The incident only becomes a violation if you stay after being asked to leave. Even then, it's only a trespassing charge.
Conclusion: Nebraska NCW signage and rules are tricky and put legit CHPs at risk; the signage rules need to be modified. [Which will no doubt generate howling and hollering from the merchant class.]
sfg
475okh:
Just a note as I can remember a time, not that long ago, when a business could put up a sign to keep out blacks, Indians, or others who were branded as bad. Still have a friend that remembers a bar outside Ft. Bragg that had a sign that stated "no ******s, GI's, or dogs". Times have changed and hopefully these concealed carry signs will change as well.
Dan W:
SFG, the Hospitals were added to the banned places sometime back, at the same time the colleges and Universities were added by passage of LB145, so the signs are redundant.
NSP really needs to get their rules and regs updated, and I know that the process is going on right now
2 E L O:
Another attempt at thread hijacking:
Question regarding parks... Specific locations in Omaha that I've seen are Elmwood Park (68th & Pacific) and Heflinger Dog Park (110th & Maple).
Elmwood Park Drive and Heflinger Park Road seem to be "through" streets that are not actually park "entrances". However, there are signs posted "No Weapons (even with CHP)" at the turn off of Pacific (Elmwood) and Maple (Heflinger). Does that mean a CHP holder isn't even supposed to drive down those roads?
I could understand--but don't agree--if they didn't want you to actually be IN the park areas with a CCW but to not even allow us to drive down the road that seems to be a "through" street!?!? What gives?
rluening:
2 E L O -
I brought this up with Marty Conboy a while back:
--- Quote ---According to Code 1980, ? 21-9; Ord. No. 33732, ? 3, 12-12-95 "It shall be unlawful for any person ...... or to carry any firearms, in any park, playground or boulevard in this city;"
According to recently enacted LB 430 the state has overridden this law for concealed carry permit holders - " 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."
As I am not a lawyer, and I don't wish to become a test case, can you clarify Omaha's position on permit holders carrying in city parks? Many are posted "No concealed weapons", making them a posted place that permit holders can not carry in. Several, though, are either not posted or only posted at some entrances.
Thanks for any information you can provide!
--- End quote ---
His response:
--- Quote ---Because the park restriction ordinance regulates the 'ownership, possession, or transportation' of the concealable firearm, it is voided as to permit holders. Note, however, the language of Sec. 69-2441(1)(a) which limits the applicability of the permit. There is language about the permit being restricted in certain areas, including those "where handguns are prohibited by law'. This seems inconsistent with the new language of LB 430. My advice would be that no one should be ticketed or restricted in the city parks, and if the officer feels the park is restricted under this state law, then the warning under section (2) of 69-2441 should be given. If the person would not comply, the most they could be cited for would be refusing to leave as ordered under Sec. 20-155 of the city code. I don't know how a court would resolve this inconsistent language, but I do know that the person should not be cited under the void city ordinance, which no longer applies to permit holders.
--- End quote ---
I don't see that the sign has any bearing on what you do in your car while passing through.
/rl
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