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open carry almost gone bad in lincoln
AAllen:
D.A.D these discussions are educational for all of us, don't feel out of place by having questions. These questions are how we find the flaws real or perceived and work to either fix them or get clarification, either in the bill or in floor debate.
I understand and see your concern, this is a clarification that we will need to get taken care of next year when we address the parking lot issue. A note on what is being worked upon there, it includes everyone not just concealed carry permit holders. This will make this more difficult to get done so we will need a lot of people to show up for the hearing and making trips into the Capital to talk to their Senators to get the pressure there to get this done.
lneuke:
--- Quote from: D.A.D. on August 04, 2012, 10:56:29 PM ---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?
--- End quote ---
Parking lots are a different story, you're fine as long as it's locked in a trunk/glovebox or the like. That's all there is to it unless you're trying to carry onto a "secured" parking lot (like the National Guard lot) or other outlawed places. You can still bring your firearm into any parking lot, whether your employer owns it or not, as long as you lock it up. They can post as much signage as they want, it doesn't give them the power to overturn that law. Although if you screwed up somehow and they found out, you could still be legally fired for violating their company policy, but that's as far as they could take it. They couldn't press any legal charges, as they would have no basis to pursue them. Furthermore, I don't think they could even legally search your car unless they had reason to or you gave them permission...and I'm sure locking a glovebox doesn't constitute reasonable suspicion.
I'm sure a state correctional facility is one of those places where you aren't going to be allowed to carry a firearm.
cckyle:
I agree you could not get your CHP taken away for this or charged with anything. Under section 3 if it is locked properly and the public is allowed to enter the parking lot there is nothing illegal about this as a CHP holder. It does not matter where the sign is, the parking lot is the parking lot. Even if it's a parking lot at a correctional facility it doesn't matter as long as the public is allowed to enter the parking lot. The law says nothing about the signs placement creating boundaries or a line or anything of that sort. That's the way the law reads, and the CHP class explains this (or at least they did at the class I took).
As far as employment repercussions, put some tint on your windows and/or lock your handgun up a before you get to the parking lot. As CHP holders or future CHP holders, let's just hope lb785 will pass. Then we won't have to worry about any repercussions from being legal armed in these cases from employers.
Chris Z:
--- Quote from: cckyle on August 05, 2012, 04:06:47 AM ---I agree you could not get your CHP taken away for this or charged with anything. Under section 3 if it is locked properly and the public is allowed to enter the parking lot there is nothing illegal about this as a CHP holder. It does not matter where the sign is, the parking lot is the parking lot. Even if it's a parking lot at a correctional facility it doesn't matter as long as the public is allowed to enter the parking lot. The law says nothing about the signs placement creating boundaries or a line or anything of that sort. That's the way the law reads, and the CHP class explains this (or at least they did at the class I took).
As far as employment repercussions, put some tint on your windows and/or lock your handgun up a before you get to the parking lot. As CHP holders or future CHP holders, let's just hope lb785 will pass. Then we won't have to worry about any repercussions from being legal armed in these cases from employers.
--- End quote ---
If I understand correctly, Department of Corrections Employees have to sign a waiver allowing searches of their vehicles as a condition of employment........ And someone correct me if I'm wrong, but I believe there was a case in the last year where a Dept of Corrections employee challenged that requirement and lost.
sidearm1:
All State Correctional Facilities are posted very plainly, that firearms or ammunition are not allowed on Correctional Facilities property. All vehicles, (as posted) are subject to search, not only employee vehicles, but any visitor or public official. They may be searched by Department K9 units or State Patrol K9 units, also. While the public may use the parking lot, they can only use them for visiting, any other use would be classified as loitering, and that is prohibited by state law.
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