General Categories > Carry Issues
open carry almost gone bad in lincoln
Dan W:
Ask yourself this...
If DanW were to park in your company parking lot, waltz into the office and announce "I have a legally concealed handgun secured in my vehicle" What do you envision will happen?
Apparently you are under the impression that I will be arrested and convicted.
D.A.D.:
--- Quote from: Dan W on August 04, 2012, 05:48:44 PM ---If DanW were to park in your company parking lot, waltz into the office and announce "I have a legally concealed handgun secured in my vehicle" What do you envision will happen?
Apparently you are under the impression that I will be arrested and convicted.
--- End quote ---
Personally, Dan, I would welcome you to the facility and give you a tour!
If you came in as a non-employee, there is a chance that you would be politely asked to conduct your business and asked not to bring a firearm with you in your vehicle if you were to ever return.
However, given the nature of our facility/business and a heightened sense of awareness when it comes to such a statement, it is most likely that an employee would feel obligated to report what they have been trained to identify as an intimidation by your presence and statement, notify their supervisor who would in turn notify those in charge of the facility. At that time, LPD would be called and you would be escorted outside by an officer accompanied by the highest level manager available in the facility department. The officer would have already been informed that firearms are not allowed on the premises so he would instruct you of this fact and ask that you leave the property immediately and return without a firearm in your vehicle if you have business to conduct there.
I doubt that you would be charged or arrested on a first incident, but you would be assured that charges (of some sort) would be filed against you should you return without complying with the policy which you would then have knowledge of. Again, this would seem to put you in violation of 69-2441(2) because you have been "directly" "requested" to remove your firearm from the premises. Conviction on the charges would be up to the judge or jury.
I can all but guarantee you that the second scenario is the most accurate. If you were an employee, you would probably be terminated under the authority of the policy if you neglected to respond affirmatively to the first warning.
Want to work where I work?
D.A.D.:
Dan, after giving it some thought, you would be treated just as if you were to walk in openly carrying because my employer recognizes no difference between firearms on your person or in your vehicle. If it is on the premises, it is contrary to policy. Period. And 69-2441(2) gives them that right as I understand it.
Honestly, I am not trying to be argumentative or disrespectful in any way. I am just pointing out that there seems to be authority in the law given to property owners to make the decision as to the presence of firearms on the property they control. I wish it weren't true and would be thrilled to learn that they cannot exercise that power over me, but as I read the law it just ain't so.
AAllen:
D.A.D this is where the law gets complicated, and it is confusing. But in the case Dan described, his Concealed weapon being stored in his vehicle properly, there is no violation of the law. Now the announcement of such yes that there could be some other discussion about. But the law actually gives a person with a CCW to store a firearm in their vehicle in a publically accessable parking lot, even if the owner of said lot does not allow Concealed Carry, specifically so people have the ability to store their firearms before going in to do business there. That means there could be no charges for this, as long as the parking lot is open to the public.
This would not protect your employment though, as your employer they can take action up to and including termination. But there would not be any charges available if the lot is open to the public. There will be another bill next year dealing with the employer / employee issue.
D.A.D.:
Andy, I appreciate your comments and you putting up with my line of discussion, but I hope it proves to be instructive to others.
Neb. Rev. Stat. 69-2441(2) - What if you are carrying concealed and you start to pull into a parking lot only to find that the conspicuous signage recommended by the State Patrol is posted at the entrance to the parking lot? Would that not signify that that entrance to the premises was the line beyond which a person with a concealed carry permit would not be allowed to bring a firearm? If it was a gated property and the sign was posted on the gate, does not that indicate the point at which firearms are not allowed?
Article (3) seems very clear regarding the parking lot attached to the premises listed in Article 1(a), but Article (2) seems to allow the entity in control of the property to determine whether the sign is on a door or parking lot entrance since the word "premise" can extend to the property line.
If my employer puts "the sign" at the driveway entrance for the purpose of making that the line that should not be crossed with a handgun, and I have a CHP and am noticed putting a handgun in my glovebox by another employee and it is reported to management, my employer will (as they did a week ago in the instance I have discussed) both call me on the rug and notify LPD. I will obviously have violated company policy, but also Article (2) because I have brought a handgun into a prohibited area. This will expose me to being charged with a misdemeanor and potentially losing my CHP as a penalty for doing so.
I have visited a State correctional facility and their signage makes it very clear that it is illegal to possess a firearm, ammunition and everything but the kitchen sink in your vehicle in the parking lot.
So, for me, it is my employer's policy that prohibits me from carrying a weapon in my vehicle to and from work (and places in between) and deprives me of the right to protect myself, family, or other occupants with a firearm while enroute. That is an issue that has to be dealt with apart from the CHP regulations as they now stand. If I choose to not comply with company policy so that I may have protection in my vehicle while travelling to and from work (40 mile round trip each day), I don't want to also increase my exposure to legal problems because I have a CHP. That should give you an idea of what my practice to date has been and why I am hesitant to obtain a CHP.
Well, I am starting to feel like a house guest that has stayed too long. I intend to pursue getting an answer to the physical location of the line a property controller can set, so I welcome any additional postings.
Thank you all again.
D.A.D.
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