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Author Topic: Public parking lot  (Read 1935 times)

Offline cracked junior

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Public parking lot
« on: February 19, 2012, 10:38:24 PM »
I have a question about what makes a public parking lot.   My employer prohibits firearms on property, including in your personal vehicle. If you get caught it means being fired.  Vehicle searches are not done so if you keep your mouth shut.  no one will know.

the employee parking lot is on private land with no trespassing signs with roughly enough spots for over 400 vehicles.  there is no fence, gate or guard shack stopping any one from coming into the parking lot.   the only visitors we get are people interviewing for jobs or semi trucks dropping off freight. 

I am asking this because several guys I work with and I have conceal carry permits and not sure if our parking lot applies.   One guy asked his instructor about it.  He said you should be OK but don't be a guinea pig. 



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Offline skydve76

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Re: Public parking lot
« Reply #1 on: February 19, 2012, 10:42:58 PM »
This is in the legislature now, to stop employers from doing this
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Offline Dan W

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Re: Public parking lot
« Reply #2 on: February 19, 2012, 10:51:10 PM »
Quote from: cracked junior on February 19, 2012, 10:38:24 PM

the employee parking lot is on private land with no trespassing signs



Pretty much the definition of private parking...so it would  not be open to the public in my opinion, but I am not a lawyer.
 
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Offline cracked junior

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Re: Public parking lot
« Reply #3 on: February 19, 2012, 11:51:58 PM »
We have seen lb785.   Sounds good to me.   The nra ila website says publicly accessible parking lots.  Still not sure if that applies. 
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Offline Wildgoose

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Re: Public parking lot
« Reply #4 on: February 20, 2012, 05:53:24 AM »
If it is posted no trespassing its not open to the public. Sounds like in this case your employer can still enforce the company policy even if LB785 passes. I agree with Dan W on this one. You would be still be sticking your neck out.  :(
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Offline Husker_Fan

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Re: Public parking lot
« Reply #5 on: February 20, 2012, 08:49:35 AM »
I would bet it's not a public parking lot, which means you could be carrying illegally.  Even if it is public, your employer can still fire you for legally having the gun in your car on his property.
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Offline AAllen

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Re: Public parking lot
« Reply #6 on: February 20, 2012, 09:31:01 AM »
From LB785: business entity, owner, manager, or legal possessor of real property, or public or private employer shall not establish, maintain, or enforce a policy or rule that prohibits or has the effect of prohibiting a person's transportation or storage of a firearm or ammunition

There is nothing inthis bill that requires it to be a "public" parking lot.  So if LB 785 passes you are covered.
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Offline cracked junior

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Re: Public parking lot
« Reply #7 on: February 25, 2012, 10:35:46 AM »
Well I think we are just going to wait and see what happens with different bills.   To many different views on the subject till something passes.    Thanks for the info.
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Offline cracked junior

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Re: Public parking lot
« Reply #8 on: February 25, 2012, 09:36:24 PM »
Tonight was a good night.  Our kitchen faucet has been leaking.  so a trip to menards was in order.  When checking out.  I noticed Senator Mark Christensen was checking out also.   

We talked for awhile about different bills.  I asked about lb785.   He said it would apply to the parking lot at work.  He also gave me his card.   If only the senator for my district was this awesome.  He doesn't respond to emails.  A few other guys I know never get replies when contacting him also. 
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Offline Lorimor

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Re: Public parking lot
« Reply #9 on: February 26, 2012, 08:17:39 AM »
So, OTR truckers have to disarm before rolling in to a parking lot?  Are there secure storage facilities nearby where they store their weapons so as to keep the blissninny business happy?
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Offline bullit

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Re: Public parking lot
« Reply #10 on: February 27, 2012, 07:36:10 AM »
Lorimor...I am not expert, but seems like I've heard OTR truckers are prohibited by Federal Law to carry guns.
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Offline metaldoc

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Re: Public parking lot
« Reply #11 on: February 27, 2012, 07:53:02 AM »
Quote from: bullit on February 27, 2012, 07:36:10 AM
Lorimor...I am not expert, but seems like I've heard OTR truckers are prohibited by Federal Law to carry guns.

bullit, you got my curiosity up with your comment because most truckers I know carry a gun in their trucks. Did some googling and found out it is a hot topic.

http://askthetrucker.com/cdl-federal-gun-law/

 Can a CDL truck driver legally carry a gun in the truck? This is a very HOT topic! In my previous article, “CDL Truck Drivers Carrying Guns,” much controversy was created because nothing could be found anywhere showing any Federal Law stating that it was illegal to carry. I have pointed out that there is NO Federal Law saying that it is illegal, only city, county and state laws that make it illegal to do so, as well as policies set forth by the motor carrier. I have found the actual Federal Law revealing the insight on this subject, listed below:
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Offline bullit

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Re: Public parking lot
« Reply #12 on: February 27, 2012, 11:39:18 AM »
Interesting. 
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Offline Rob B

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Re: Public parking lot
« Reply #13 on: February 27, 2012, 05:46:24 PM »
i have a cdl, it is legal to carry IF you go by any city or state laws, and don't forget company rules.
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Offline Lorimor

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Re: Public parking lot
« Reply #14 on: February 28, 2012, 07:26:18 AM »
So an OTR driver rolls into Lincoln, legal with their CCW permit from out of state, legal all the way and when he reaches a NE business who prohibits, he or she has to disarm prior to entering the parking lot?  How do they learn of this ahead of time?  Where do they store the firearm in the interim? 

Other states have their laws written so that the parking lots are a "safe zone" even if the building is posted. 

Nebraska needs to get this worked out.
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"It is better to avoid than to run; better to run than to de-escalate; better to de-escalate than to fight; better to fight than to die. The very essence of self-defense is a thin list of things that might get you out alive when you are already screwed." – Rory Miller

Offline AAllen

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Re: Public parking lot
« Reply #15 on: February 28, 2012, 08:13:41 AM »
Quote from: Lorimor on February 28, 2012, 07:26:18 AM
So an OTR driver rolls into Lincoln, legal with their CCW permit from out of state, legal all the way and when he reaches a NE business who prohibits, he or she has to disarm prior to entering the parking lot?  How do they learn of this ahead of time?  Where do they store the firearm in the interim? 

Other states have their laws written so that the parking lots are a "safe zone" even if the building is posted. 

Nebraska needs to get this worked out.

That already has been worked out, if there is postings or the business is a banned place by State law the driver with a CCW can stor the firearm in a locked container in their vehicle.  The only times there is an issue, the driver does not have a CCW recognized by the state or are on their employers parking lot and the employer does not allow their employees to have firearms in the vehicle.
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