Gun Free Zone?

[Dan W]

   From LB430

(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. A permitholder carrying a concealed handgun in a vehicle
  into or onto any place or premises does not violate this section
  so long as the handgun is not removed from the vehicle while the
 vehicle is in or on 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 1 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.

[OnTheFly]

By not pointing out meaning to the store management and or corporation.
The sign may have been removed by the management.
Emails to corporate could just get that location in trouble.
The date of the email is relevant as to when the signage was reported missing.

Oh!  I'm with you now.  No. I didn't point out where it was NOT posted.  Only commented on the fact that it WAS posted at the Val's To Go at 70th & Vine.

Fly

[bullit]

Thanks Dan.

[Randy]

LB430 Page 18-19
Sec. 5. Cities and villages shall not have the power to regulate the ownership, possession, or transportation of a concealed handgun, as such ownership, possession, or transportation is authorized under the Concealed Handgun Permit Act, except as expressly provided by state law. 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.

018.01O Any place or premises or employer owned vehicle where those
in control of the place, premises or vehicle have prohibited permit holders from carrying concealed handguns; 

As written those in control being the city can still post any city property including parks?

Bummer I did not realize this, the wording is sneaky. I had interpreted LB430 to give exemption to those cities posted park areas. realizing that there are also federal gun free zones such as schools.
Dan perhaps I missed it but has anyone confirmed this with the AG?

[Thomas]

Good Question. I live by a park and the city is not in control of that property.

[Dan W]

I would argue that public  parks and city property is not properly restricted in this way anymore than a public street or sidewalk. Who is really in control here? The people are the city! I think that legislative intent would show that CCW  in Lincoln parks would be legal, as one of the supporting Senators actually said this during the debate of LB430

 I also would like to see the AG's opinion on this parks thing, but I don't think just anybody can request a legally binding opinion. We might  need a Senator to ask  Bruning.

But as it stands right now, some cities think they have the power to do this according to the laws and regulations I posted above, and unless this changes, it will spread all through the state.

[tufftrav]

I have already seen the No Guns signs posted at Omaha city parks. i'm fine if i leave my gun locked in my truck while at the park correct?

[Dan W]

After LB430 becomes law 90 days from May 29th this will be the law  (possibly 90 days from the signing by the Gov on May 19th)

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 1 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.
 

[OnTheFly]

I was hoping they would not ban it in Lincoln parks.  I ride my bike on the trails which go through some parks and/or may be considered park property.  I would think an open air location like that without specific entrance/exit points may be difficult to enforce the "No CCW" signs if you took your ticket to a judge.

I had one recent incident where a young (early 20's) man tried to get out of his car to come accost me.  I have NO idea what made him honk at me and flip me off.  Some people just hate bicyclists.  After that I was thinking putting my firearm in a fanny pack might be a good idea.

Fly

[Eagle1]

I have 2 questions here.
First in regards to Dan's last post here(nearly 2yrs ago). A school parking lot, is it legal to enter a school parking lot to pick up your child or if entering the school for an event and securing your firearm before exiting the vehicle legal?
? 2
In a legal to carry retail building such as a large box store or grocery store with a bank branch is the entire building a "no ccw" area? Does it make a difference if the bank has a distinctive entry point (internal to the building, not an outside entry)?

[OnTheFly]

You can drive onto school property per the statute below...

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.

..............

(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.

Regarding the bank in the store question...that has been asked before, and I believe only opinion can be offered.  I don't approach the bank counter so, in my mind, I am not "in" the bank.

Fly

[Eagle1]

Thanks Fly. That is what I remembered reading one time. The last sentence is the kicker. Federal restriction.
The bank in a store: I think you are ok as long as you don't enter the door way which many have. Some that do not have a physical barrier would be the gray area. Need clarification.

[SeanN]

Hmmm... I regularly carry in the Valentino's in Omaha that has the buffet. I always look for signs and never saw one.

Anyone see "No Guns" signs in the Omaha one? I'd hope I wasn't unknowingly breaking the law.

[Wilson]

Valentino's isn't posted that I have seen!

[Dan W]

Valentino's isn't posted that I have seen!

Valentino's has posted all of its stores in the past, but the signage was never compliant with the conspicous provisions of the law, nor were the signs on the exterior entrances as required by law.

I personally have reported that my local Val's was sign free when in fact it was not, so be careful if you choose to eat there

[DanClrk51]

Another reason why LB 88 needs to be tacked onto LB 512 and passed THIS YEAR!