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Omaha city parks ban?

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AAllen:

--- Quote from: DanClrk51 on February 27, 2012, 08:26:06 PM ---Is the city not pre-empted from banning ccw on city property because of the CHP Act pre-emption language?

--- End quote ---

No they can post facilities like a business, but an ordinance would have no effect without the posting.

DanClrk51:
Thats another loophole we need to fix sometime. Hopefully in the future we will be able to pass a law with FULL state pre-emption of all gun laws just like it is in Florida meaning that counties, cities, villages, towns and any other local govt cannot have laws on the books nor post signs regulating firearms in any way shape or form.

Husker_Fan:
Andy,
Where does the CHL statute let a city post its property like a business?

Dan W:
018.04
A person, entity, or employer in control of a place or premises described in Section 018.01O above, which is open to the public, may prohibit permit holders from carrying concealed handguns in the place or premises by posting a conspicuous notice that carrying a concealed handgun is prohibited in or on the place or premises or by making a request, directly or through an authorized representative or management personnel, that the permit holder remove the concealed handgun from the place or premises.
 
018.05
State law does not mandate a specific requirement for a sign other than that it be conspicuously posted, however, the Nebraska State Patrol strongly suggests that a standardized format be utilized. The standardized form should contain a four (4) inch circle with a slash covering a handgun and text giving notice that carrying a concealed handgun anywhere on the premises is prohibited. A form will be available on the Nebraska State Patrol website which can be downloaded for printing. The Nebraska State Patrol also strongly recommends that a place or premises wishing to prohibit concealed handguns post the sign at normal eye level at each public entrance to the place or premises. Normal eye level is considered to be between 54” and 66” from the floor.

018.06
Except as prohibited by federal law, a permit holder may carry 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 and used by any of the places or premises listed in Section 018.01 above if the handgun is not removed from the vehicle and the handgun is properly secured in the vehicle before the permit holder exits the vehicle. To be properly secured in the vehicle, the handgun must be locked inside the glove box, trunk or other compartment of the vehicle, in a storage box attached to the vehicle, or in a securely attached hardened compartment if the vehicle is a motorcycle.

Husker_Fan:
Dan,
I may be completely wrong, but my interpretation of 18-1703 would mean the city cannot ban concealed carry in parks.  Under the original act, cities could post property, but after preemption, I think the city is restrained from prohibiting guns anywhere where the act doesn't prohibit them.

I usually have no use for them since they have no binding effect, but it may be worth it to ask the AG's office for its opinion.

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