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Author Topic: Affirmative Defense Vs CCP?  (Read 2069 times)

Offline Randy

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Affirmative Defense Vs CCP?
« on: March 26, 2009, 04:53:17 PM »
Here is a question that I have.

Can a bar owner carry in his/her own establishment if a CCP holder?

Can a church elders committee give permission for a member to do the same?

Is the affirmative action defense the difference vs a CCP holder?
« Last Edit: March 27, 2009, 08:51:49 PM by Randy »
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Offline Jay

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Re: Affirmative Action Vs CCP?
« Reply #1 on: March 26, 2009, 07:16:45 PM »
I think affirmative defense and chp holder are the phrases you're looking for.  ;)

While I don't personally agree with this, my understanding is that having a  Nebraska CHP (concealed handgun permit) bars you from carrying under affirmative defense, so no, not even the owner of a bar could carry a concealed handgun in their own establishment if they were chp holders, nor could a non leo chp holder carry a concealed handgun in a place of worship.

Affirmative defense would allow you to do this, but if caught (say from printing or accidentally allowing your firearm to become uncovered momentarily), then you are basically guilty until proven innocent of the crime of carrying a concealed weapon without a permit.

Now, you could open carry in each instance...





« Last Edit: March 26, 2009, 07:18:59 PM by Jay »
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Offline huskergun

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Re: Affirmative Action Vs CCP?
« Reply #2 on: March 26, 2009, 09:48:09 PM »
Isn't there a permit needed in Omaha to open carry??
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Offline Jay

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Re: Affirmative Action Vs CCP?
« Reply #3 on: March 26, 2009, 09:50:32 PM »
Yes, that's true, in Omaha only, you need a permit to open carry. The state CHP permit satisfies that requirement as well, but then again you lose out on affirmative defense.

I don't go to Omaha anyway because of their asinine registration requirements...
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Offline Rich B

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Re: Affirmative Action Vs CCP?
« Reply #4 on: March 26, 2009, 10:37:03 PM »
Randy, this sounds like something for next legislative session.

It is wrong that a business owner cannot legally protect their business under the circumstances you have outlined.
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Offline JimP

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Re: Affirmative Action Vs CCP?
« Reply #5 on: March 27, 2009, 12:21:08 AM »
As evidenced in the "Grillz" shootout, if the proprieter wants to WIN any potential gunfight in his establishment, he'll just keep a RIFLE handy.

In a gunfight, winning is the only thing.

"If you think there might be a gunfight, the best option is to be somewhere else..... if that's not an option, bring a gun, preferably a big, long gun, and all your friends and aquaintances with their big, long guns....."



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Offline Randy

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Re: Affirmative Action Vs CCP?
« Reply #6 on: March 27, 2009, 12:34:32 AM »
Thank you Jay my thought path was there but definitely not my wording.

I agree with Jim P on the church carry issue. It would put a target on your back.

Have a friend who owns a bar in Millard 158th & Center. He does have a CCP.
In his situation he would be better off with out the CCP being the owner he could carry or have a firearm behind the bar legally.

This is a crock, but we are making strides in the right direction if this bill gets through.

California Governor Schwarzenegger just called for the banning of all firearms and to be scraped in one of his public statements.
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Offline schoolcop

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Re: Affirmative Action Vs CCP?
« Reply #7 on: March 27, 2009, 12:04:59 PM »
Arnold called for banning all handguns!!!??? What an a@#hole and hypocrite (?)!! He makes his fortune being an American movie action figure. He carry's all kinds of weapons and glorifies how weapons can be a life saving tool, that you can only get in the U.S., and not allowed in his native European area. I'll bet he also has armed state police body guards by his side 24/7. He then allows all kinds of illegal immigration into his state which also has massive violent crime problems and then decides, we'll get rid of guns. Yeah, what a great idea, that will help everything. All the criminals will hand in there weapons and the illegals will go back to Mexico. I get so frustrated reading about politicians solutions to problems that anyone with a lick of common sense knows are worthless ideas. Allow cops to arrest bad guys, stop plea bargaining deals amongst attys and force judges to put criminals in jail for along time. Instead of banning guns let's ban liberalism. Politicians have made California a state I would never even consider living in. I don't even want to vacation there. What a waste of a beautiful place.
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Offline wrenrj1

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Re: Affirmative Defense Vs CCP?
« Reply #8 on: May 23, 2009, 08:18:23 PM »
While I'm not a lawyer, remember that a bar is private property.  I would not have a CCW permit if I carried in my own bar for the purposes of self-protection and the assumption that I would have an affirmative defense.  For people in this position I'd suggest the spend a couple hundred bucks and get a lawyer's opinion.

Thanks ChrisZ for your insights at your CCW course!
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Offline Chris Z

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Re: Affirmative Defense Vs CCP?
« Reply #9 on: May 28, 2009, 09:08:49 PM »
Quote from: wrenrj1 on May 23, 2009, 08:18:23 PM
While I'm not a lawyer, remember that a bar is private property.  I would not have a CCW permit if I carried in my own bar for the purposes of self-protection and the assumption that I would have an affirmative defense.  For people in this position I'd suggest the spend a couple hundred bucks and get a lawyer's opinion.

Thanks ChrisZ for your insights at your CCW course!

You are welcome! I agree if I owned a bar I would not get a CHP, rather I would just carry there under the Affirmative Defense
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