General Categories > Carry Issues
open carry almost gone bad in lincoln
D.A.D.:
TITLE 272, NEBRASKA ADMINISTRATIVE CODE, CHAPTER 21
NEBRASKA STATE PATROL
Concealed Handgun Permits
Section 018.01 thru 018.09 seem to duplicate Neb. Rev. Stat. 69-2441 articles 1-6 in simpler language.
"018.04 A person, entity, or employer in control of a place or premises described in Section 018.01O above, which is open to the public, may prohibit permit holders from carrying concealed handguns in the place or premises by posting a conspicuous notice that carrying a concealed handgun is prohibited in or on the place or premises or by making a request, directly or through an authorized representative or management personnel, that the permit holder remove the concealed handgun from the place or premises." This portion seems to be the equivalent of 69-2441(2).
"018.06 Except as prohibited by federal law, a permit holder may carry 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 and used by any of the places or premises listed in Section 018.01 above if the handgun is not removed from the vehicle and the handgun is properly secured in the vehicle before the permit holder exits the vehicle. To be properly secured in the vehicle, the handgun must be locked inside the glove box, trunk or other compartment of the vehicle, in a storage box attached to the vehicle, or in a securely attached hardened compartment if the vehicle is a motorcycle." This section seems to be the equivalent of 69-2441(3) and distinctly leaves out the terminology that follows the word "unless" which creates all of the confusion in my mind. 018.06 gives credence to DanW's argument that Article (3) trumps Article (2) in parking lots open to the public that otherwise prohibit carrying concealed on that property. Neither vehicles or parking lots are mentioned in (2), but the are specified in (3). And the same holds true for 018.04 and 018.06 respectively.
This seems to be a key point so it sounds like a call to the State Patrol is in order to see if Neb. Rev.Stat. 69-2441 or the Nebraska Administrative Code has the final say. All of the prohibition signs that I have seen reference 69-2441 and not the NAC 018.
D.A.D.
Dan W:
D.A.D.
You may or may not be aware that the statutes give the power to write the rules and regulations for the Concealed Handgun Act to the Nebraska State Patrol.
The Administrative code is in fact the set of rules and regulations that the NSP has written, so they are the practical application of the statutes.
The NSP is charged with adhering to the statutes as closely as possible while at the same time establishing a workable set of rules and regs that can be applied by the permit holder and enforced by the Patrol.
In such an effort, understandably the language is not always identical after "translation", so my take on the ambiguities is that the Administrative Code is the law as practically applied by the state of Nebraska and, in my opinion, the final word on how a permit holder should act to remain within the law.
D.A.D.:
Does anyone know what legislation or changes to the current law are being considered for proposal during the next legislative session? Do you know what Legislator is going to be proposing the changes? I would like to send him some input. I will also send the same information to my legislator.
Does the NFOA have an attorney (list of them) that they recommend that I could discuss possible legal action with regarding the parking issues in the law? DanW and AAllen, I will be sending you a private email regarding what I have come up with in my discussions with the AG's office, State Patrol's office, LPD and some others. The problems lies in that each can hold their legal opinion, but until it is interpreted in court, there can be no clarification of the law. A legislative bill could do this, but it would have to be very tightly written. And this would be no guarantee unless it changed the legal opinion of the City of Lincoln.
D.A.D.
AAllen:
It is still a bit early to really have an idea of whats where and who for next year. There are a lot of balls in motion and until the elections are over most of the Senators are being very noncommittal on bills, unless it addresses a major problem (and without something happening in the courts to require clarification they would not consider this a major issue, even though we do). I look forward to finding out what you have come across and discussing it with you so we can see if we can find a way to work on the issue.
cckyle:
D.A.D. lb785 is one I would consider pertinent to your case. Here is a link to the neb legislature with info about it.
http://nebraskalegislature.gov/bills/view_bill.php?DocumentID=15219
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