Author Topic: Omaha oakview mall (Read 15131 times)

2 E L O · « **Reply #60 on:** July 22, 2010, 03:29:41 PM »

Thanks!!! Great information!!!

DanClrk51 · « **Reply #61 on:** July 25, 2010, 06:34:49 AM »

Yeah, they cannot forbid you from carrying inside your vehicle at or on posted premises. State law is clear about this.

skydve76 · « **Reply #62 on:** February 13, 2011, 11:02:49 PM »

This thread got seriously off track. Does everyone agree the mall is NOT posted legally, in accordance with the current signage rules or lack thereof?

There is not a no gun sign as required, just a written rule. Does that written rule count? I thought it had to be a sign as in a picture and posted on the door.

justsomeguy · « **Reply #63 on:** February 13, 2011, 11:33:31 PM »

WOW, old thread.

Are you volunteering to be the test case?

This is the reason we are pushing for a change in signage requirements this year.

skydve76 · « **Reply #64 on:** February 13, 2011, 11:47:52 PM »

i plan to carry in the mall, yes.

justsomeguy · « **Reply #65 on:** February 13, 2011, 11:54:51 PM »

Good luck!

LazyAce · « **Reply #66 on:** February 14, 2011, 07:47:04 AM »

I think that if you read the Nebraska rules for carry you will find that all malls are off limits as are bank, hospitals, and all state & federal bulidings. It also says something about any place where a large group of people gather. Posted or not.

lefty · « **Reply #67 on:** February 14, 2011, 07:53:07 AM »

All malls?

wingz · « **Reply #68 on:** February 14, 2011, 08:07:13 AM »

I find nothing in state laws regarding ccw for malls or gatherings.

OnTheFly · « **Reply #69 on:** February 14, 2011, 08:13:43 AM »

No...malls are not included in the list of places that CC is prohibited.

Fly

Lorimor · « **Reply #70 on:** February 14, 2011, 08:25:03 AM »

All malls? That's news to me.

OnTheFly · « **Reply #71 on:** February 14, 2011, 08:36:17 AM »

Quote from: LazyAce on February 14, 2011, 07:47:04 AM

I think that if you read the Nebraska rules for carry you will find that all malls are off limits as are bank, hospitals, and all state & federal bulidings. It also says something about any place where a large group of people gather. Posted or not.

Quote

69-2441. Permitholder; locations; restrictions; posting of prohibition; consumption of alcohol; prohibited.

(1)(a) A permitholder may carry a concealed handgun anywhere in Nebraska, except any: Police, sheriff, or Nebraska State Patrol station or office; detention facility, prison, or jail; courtroom or building which contains a courtroom; polling place during a bona fide election; meeting of the governing body of a county, public school district, municipality, or other political subdivision; meeting of the Legislature or a committee of the Legislature; financial institution; professional or semiprofessional athletic event; building, grounds, vehicle, or sponsored activity or athletic event of any public, private, denominational, or parochial elementary, vocational, or secondary school, a private postsecondary career school as defined in section 85-1603, a community college, or a public or private college, junior college, or university; place of worship; hospital, emergency room, or trauma center; political rally or fundraiser; establishment having a license issued under the Nebraska Liquor Control Act that derives over one-half of its total income from the sale of alcoholic liquor; place where the possession or carrying of a firearm is prohibited by state or federal law; a place or premises where the person, persons, entity, or entities in control of the property or employer in control of the property has prohibited permitholders from carrying concealed handguns into or onto the place or premises; or into or onto any other place or premises where handguns are prohibited by state law.

(b) A financial institution may authorize its security personnel to carry concealed handguns in the financial institution while on duty so long as each member of the security personnel, as authorized, is in compliance with the Concealed Handgun Permit Act and possesses a permit to carry a concealed handgun issued pursuant to the act.

(c) A place of worship may authorize its security personnel to carry concealed handguns on its property so long as each member of the security personnel, as authorized, is in compliance with the Concealed Handgun Permit Act and possesses a permit to carry a concealed handgun issued pursuant to the act and written notice is given to the congregation and, if the property is leased, the carrying of concealed handguns on the property does not violate the terms of any real property lease agreement between the place of worship and the lessor.

(2) If a person, persons, entity, or entities in control of the property or an employer in control of the property prohibits a permitholder from carrying a concealed handgun into or onto the place or premises and such place or premises are open to the public, a permitholder does not violate this section unless the person, persons, entity, or entities in control of the property or employer in control of the property 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.

(3) A permitholder carrying a concealed handgun in a vehicle or on his or her person while riding in or on a vehicle into or onto any parking area, which is open to the public, used by any location listed in subdivision (1)(a) of this section, does not violate this section if, prior to exiting the vehicle, the handgun is locked inside the glove box, trunk, or other compartment of the vehicle, a storage box securely attached to the vehicle, or, if the vehicle is a motorcycle, a hardened compartment securely attached to the motorcycle. This subsection does not apply to any parking area used by such location when the carrying of a concealed handgun into or onto such parking area is prohibited by federal law.

(4) An employer may prohibit employees or other persons who are permitholders from carrying concealed handguns in vehicles owned by the employer.

(5) A permitholder shall not carry a concealed handgun while he or she is consuming alcohol or while the permitholder has remaining in his or her blood, urine, or breath any previously consumed alcohol or any controlled substance as defined in section 28-401. A permitholder does not violate this subsection if the controlled substance in his or her blood, urine, or breath was lawfully obtained and was taken in therapeutically prescribed amounts.

So if the mall does not have a "conspicuous notice" (whatever that is) prohibiting CC, then you are good to go in the mall, or a large group of people as long it is not a locale specifically listed above.

Fly

LazyAce · « **Reply #72 on:** February 14, 2011, 09:32:05 AM »

I stand corrected. I went back and double checked and you are right. I was going by what our class instructer told us. He said that carrying in malls was not a good idea as you would probably get into trouble if you did. Sorry for the misinfo.

Dan W · « **Reply #73 on:** February 14, 2011, 12:09:22 PM »

Without conspicuous notice, the mall would have to notify you personally to remove your concealed handgun, and if it becomes visible, they will do so.

Quote

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.

Once that happens, you have been notified according to the law, and you may not carry concealed there any more

Dan W · « **Reply #74 on:** February 14, 2011, 12:13:15 PM »

Quote from: skydve76 on February 13, 2011, 11:47:52 PM

i plan to carry in the mall, yes.

If you knew what this member knows, you would too!

Until they post it legally I am not going into any mall unarmed, and once they do post it legally I will not go back.

JimP · « **Reply #75 on:** February 14, 2011, 03:53:56 PM »

Quote

I was going by what our class instructer told us. He said that carrying in malls was not a good idea as you would probably get into trouble if you did.

Who was your instructor?

LazyAce · « **Reply #76 on:** February 14, 2011, 04:27:33 PM »

I`d rather not say just to keep him from being blasted. He said that it came under the heading of a public gathering which I also can not find anything on. I`m agree with the others--carry where you can and where it`s not posted. There are a lot of crazies out here.

bullit · « **Reply #77 on:** February 15, 2011, 12:05:17 PM »

Could he be teaching at Nebraska Safety Council???

LazyAce · « **Reply #78 on:** February 16, 2011, 07:59:11 AM »

No--he is a private instructor in the eastern third of Nebraska. Seems like a nice guy and gave a good class. After reading some more I am not sure on a few things that he said. I guess that he wants us to be extra carefull in where we carry. That might be ok for someone who hasn`t been around guns much in their lives but it could come back to hurt them sometime. I am 65 and have been around guns all my life and don`t have a problem with where I carry as long as it`s not posted.

DaveB · « **Reply #79 on:** February 16, 2011, 08:04:04 AM »

If he is teaching things that aren't right, he needs to be called out. An instructor just can't be doing this.