General Categories > Carry Issues
CCW outside of a school.
shaggy853:
I would agree with you, but the fact that the street itself is posted is of concern to me.
Maybe calling the Kearney Police Dept or State Patrol would be a good idea?
HuskerXDM:
Probably a wise choice... although, no offense to any law enforcement officers, you may not get someone with a real depth of knowledge on the topic... so you could even call someone like the attorney generals office and get a 'lawyerin' answer. ;)
shaggy853:
I called the state patrol office. Basically I was told that if I was walking past I would be fine because I had no intent of doing anything school related. Picking up a kid would be school related so he did not suggest going to that location for that function while carrying. He suggested parking where it wasn't posted.
Seemed odd to me because walking past a school on a sidewalk would potentially put me closer to the school than if I was standing next to my vehicle parked on the street. Even still, I understand the idea behind what he said.
bwarner:
I live two houses down from a grade school in northeast Kearney.Drug and Gun Free Zone signs are posted around the school.
SemperFiGuy:
To Any and All Who May be Interested:
Once detained by an LEO, you are somewhat in jeopardy for several reasons.
First, the LEOs may not know the law. They hardly can do so, given the breadth and scale of the Federal and Nebraska statutes as well as the many varying local and municipal codes. Many of the LEOs with whom I've discussed CCW have said, more or less, "Gee.....I didn't know that" about aspects of CCW law.
Second, the prosecutor's office may be aggressive and gun-unfriendly. Too bad, me and you.
Third, judges have a wide range of latitude for their rulings, particularly as to what information and evidence may be admitted in court. Even to the point of making their own case law in their own court. Or--at least--bending it in a direction unfavorable to the accused CCW defendant.
Fourth, your attorney may (a) not have experience with CCW issues nor (b) have much in the way of settled handgun law precedent to use in your defense.
Perhaps the moral here is to try to stay well away from the edge.
Example: The Westwood Plaza shopping center in Omaha has barely noticeable NO CCW signs at the street entrances to their parking lots. But--the individual stores are not posted, as recommended by Title 272, Nebraska Administrative Code, Ch. 21, Section 018.04. Probably not an arrangement which will pass muster in the courts, based on the Nebraska State Patrol posting recommendations.
Nevertheless, the intent of Westwood management is clear. So I don't carry concealed at Westwood Plaza. [And.......Yes--I still do shop there. It serves my own needs and my own pleasure.]
These gratuitous thoughts offered for your consideration.
sfg
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