General Categories > Carry Issues
open carry almost gone bad in lincoln
Dan W:
69-2441 Section 3 exempts public parking areas...
--- Quote ---(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.
--- End quote ---
Emphasis mine...the only thing I can see that could void the exemption is if your employer has a fenced lot with no public access (a secured private company parking lot) or is federal property
lneuke:
Carrying concealed is different from storing a firearm in your vehicle on company property if I remember correctly. You would be under the protection of law for having a gun stored in your glovebox while at work, as it is not concealed on your person.
Is someone really going to call the cops on you after noticing you locking your glovebox? There are a million different reasons you could give for that, and the police would have no right to search your vehicle unless you gave them permission to do so.
edit: Dan W beat me to it, exceptions would be a "secured" or federal facility
D.A.D.:
Dan, thank you for your response. I was referring to article (2) not article (3). If the lot is posted or the employer has directly contacted you to remove your firearm from the premises (and I assume not return it again) then the word "unless" renders the firearm owner in violation of article (1)(a) if I am reading the law correctly.
Please help me to understand if I am reading this wrong.
Thank you.
Doug
Dan W:
Public Parking areas attached to premises listed in 1(a) are exempted in section 3... as long as you secure the firearm as required your employer has no legal power to prevent or block CCW in the parking lot. That power is removed in section 3 when the required storage rules are met.
That said, they could still enforce the company policy, but the law has not been violated
D.A.D.:
--- Quote from: lneuke on August 04, 2012, 03:55:32 PM ---Is someone really going to call the cops on you after noticing you locking your glovebox? There are a million different reasons you could give for that, and the police would have no right to search your vehicle unless you gave them permission to do so.
--- End quote ---
Ineuke,
Thank you also for your input. Yes, this is exactly what the employer is saying and recently did. The recent event involved a long gun and therefore does not fall under the CHP Act. That being said, it is still the expressed policy that the employer will follow this course regardless of what type of firearm is involved. But more importantly, I would know that I am intentionally violating a company policy that would in turn place me in violation of Article (1)(a) and subject me to possible misdemeanor charges and loss of my CHP.
There is no other available parking or I could park there. I am bound by ethics to obey both my employers policy and the State law. If I must choose the lesser of two evils (that of disobeying company policy or placing myself or other occupants of my vehicle at risk of loss of life or harm while travelling between work and home, or places in between), then it is best to do so without the added harm of a Misdemeanor charge and the legal consequences that would come with having a CHP.
Please let me know if I am reading this law incorrectly. It would be of great relief to find that I am doing so.
Doug
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