General Categories > Laws and Legislation
North Platte city parks and Ord. 93.05
cracked junior:
I thought of something. I know its crazy with me thinking. Are other cities going to see north platte posting and follow with posting their own parks?
JTH:
--- Quote from: cracked junior on June 05, 2012, 09:39:38 AM ---I thought of something. I know its crazy with me thinking. Are other cities going to see north platte posting and follow with posting their own parks?
--- End quote ---
Many already do---including places like Plattsmouth (town a little south of Omaha). The question is, is it legal?
After all, the state preemption wording specifically says that cities and such cannot regulate the carry, possession, or purchase of firearms by CHP holders. Cities have said "but we can post places that we own!" and yet....that has been struck down elsewhere.
http://nraila.org/news-issues/news-from-nra-ila/2012/washington-supreme-court-puts-an-end-to-gun-ban-in-seattle-parks.aspx
When taken to court: "In response, the city claimed the ban wasn’t a "law" or a criminal regulation, and that it was acting in its "proprietary capacity" as a property owner." ---and they LOST.
I'm thinking that "public lands" aren't exactly owned by the city, though they are administered by the city. And it'll probably take a lawsuit with some poor guinea pig to get posted city parks done away with. :(
Other discussions: http://www.examiner.com/article/ohio-supreme-court-case-strengthens-arkansas-preemption-law
Husker_Fan:
I read the Washington opinion and, while that's the result we want, the statutes are worded quite differently. I think there is a good chance that posting as a property owner is not something a city or village can do as applied to CHP holders. They can, however, still ban open carry.
What we need is a blanket preemption clause rather than just preemption for CHP holders.
bullit:
Husker_Fan... you raise an interesting perspective. Some examples I am familiar with...a few volunteer fire departements that post no carry. Ceresco village hall posts no carry... interesting, interesting.....
Chuck Matson:
--- Quote from: cracked junior on June 04, 2012, 10:37:02 AM ---One more thing. A friend that I sent the picture too. Text me saturday night. He said in the shooting range newsletter. The north platte police are not going to enforce the ban. But I don't want to be a guinea pig on this.
--- End quote ---
If you read the news letter from the prsc club, it stated the deputy cheif was awaiting a memo about 93.05. They are posting a state statute now.
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