General Categories > Carry Issues
open carry almost gone bad in lincoln
D.A.D.:
Gentlemen,
Having corresponded outside of this forum with AAllen and others, I would like to make this post as an update and somewhat of a conclusion to my search for clarification on State and City law on the legality of parking a personal vehicle on a City-owned parking lot open to the public especially if you are an employee of that City.
I would like to give special thanks to Sen. Mark Christensen and his staff member, Dan Wiles, for providing clarity on this issue. Of special help was his reference to Neb. Rev. Stat. 18-1703 that I had not heard of prior to his response. Since I had not heard it or seen it referenced in any discussions, it could be that it is not well known by others within the CHP or firearm owners community either so I will quote it here:
"18-1703. Ownership, possession, and transportation of concealed handguns; power of cities and villages; existing ordinance, permit, or regulation; null and void.
Cities and villages shall not have the power to regulate the ownership, possession, or transportation of a concealed handgun, as such ownership, possession, or transportation is authorized under the Concealed Handgun Permit Act, except as expressly provided by state law, and shall not have the power to require registration of a concealed handgun owned, possessed, or transported by a permitholder under the act. Any existing city or village ordinance, permit, or regulation regulating the ownership, possession, or transportation of a concealed handgun, as such ownership, possession, or transportation is authorized under the act, except as expressly provided under state law, and any existing city or village ordinance, permit, or regulation requiring the registration of a concealed handgun owned, possessed, or transported by a permitholder under the act, is declared to be null and void as against any permitholder possessing a valid permit under the act.
Source Laws 2009, LB430, § 5; Laws 2010, LB817, § 2.Effective Date: July 15, 2010 Cross References Concealed Handgun Permit Act, see section 69-2427."
This law (for some reason tucked away in a different section of State Law) convinces me that Neb. Rev. Stat. 69-2441(3) exempts any CHP holder from any prohibition that any City may make against the possession, transportation and secure storage of a handgun in a private vehicle parked in or on any City-owned or operated parking facility (whether an open lot or a multi-level facility) that is open to the public. This should apply equally to any CHP holder whether or not they are an employee of the City in question because (in my opinion) any employee policies of a City are City regulations that are regulating the “ownership, possession, or transportation or a concealed handgun.”
So, DanW, AAllen, and all others, though I wanted to agree with you earlier on in this forum, I needed to find out what the laws had to say before I felt confident in exercising my rights under 69-441(3). I hope my search for this clarification can provide more awareness of the laws to others as well. They are in no way implied to be a legal opinion, just my findings and the conclusion to which I have come.
D.A.D.
D.A.D.:
--- Quote from: FLUFF on August 19, 2012, 09:14:58 PM ---Off subject a bit. having a firearm in my vehichle at work is not a crime but it will make me uneployed real quick. I need my job so my employer is restricting my rights in a round about way..
Need to work on this >>>
FLUFF
--- End quote ---
FLUFF,
See my posting from a few minutes ago. It is my understanding that if your employer's parking lot (even though it is privately owned) is open to the public, then your employer cannot restrict you from securely storing a handgun in your personal vehicle while it is parked in the parking lot. I cannot speak to your particular employer's employment policies (I would ask to see a written copy of them). If the lot is not open to the public, then I don't think you can find relief from the employment policies because it is private property and we all want to be able to exercise our rights as property owners.
The reintroduction and passage of LB785 by Sen. Christensen would eliminate this prohibition because it basically would be legal to possess a lawfully owned legal firearm in your personal vehicle wherever your personal vehicle is allowed to be otherwise. In other words (and this is a mind-blowing concept to those who do not understand "freedom"), if it is yours and it is otherwise legal, it is lawful to store in your vehicle whether it is a firearm or a basket of apples.
Another wildly beneficial thing about LB 785 is that does not restrict the possession of a firearm in a personal vehicle to only CHP holders or to only handguns (remember, no loaded shotguns!). It would show that the State acknowledges this right regarding any and all firearms and firearms owners which simply gives credence to the 2nd Amendment. This is a huge thing for the State to acknowledge so specifically.
I believe Sen. Christensen's bill, if it is reintroduced in 2013, deserves all of the support that can possibly be mustered. Like all things that have to do with freedom and liberty, just because it is your legal right doesn't mean that it is going to be acknowledged or respected by those who don't like it.
Yes, you need your job and you need to do what you can to keep it and advance your career. But, if you want to exercise your Federal and State Constitutional rights, you may need to do some hard work to accomplish that goal. "Give me liberty or give me death" isn't quite as cliche when one is talking about their own liberty or their own life. Fight the fight, that is what freedom is all about.
D.A.D.
cckyle:
If my understanding of the proposed bill is right, your employer cannot terminate your employment for having a firearm/ammunition in your vehicle, but it does have to be hidden from view and locked up accordingly. I think this bill is aimed more at the CHP holders, because the firearm has to remain concealed/hidden from view. However it would also apply if you had a long gun locked up properly in the trunk.
To me the bill is extending the same right's you have at home, regarding firearms, to your vehicle as personal property, no matter where it is parked; as long as the firearm is hidden from view and stored properly.
D.A.D.:
cckyle,
It is easy to find a copy of the bill on line and it is very short. In my opinion, I like the way it is written (using language provided by the NRA) because it does not reference personal concealed carry of handguns at all. Section 1(2) is a major portion which simply states that "any" employer "shall not establish, maintain, or enforce a policy or rule that prohibits" an employee from storing a firearm (of any type) that is legal and lawfully owned in their personal vehicles when their vehicles are where they are otherwise allowed to be.
So, yes, it is like your house to a certain degree. You can't be fired or punished by your employer for having a legal object that they may not like in your personal vehicle.
Oh, how I miss the days of seeing a rifle in a rack in the back window of a pickup truck . . . . .
D.A.D.
cckyle:
I had referenced the proposed bill. It does say it has to be kept from "ordinary observation". To me that seems to mean that if you do a walk around of the vehicle you wouldn't be able to see it. So it couldn't be left in a gun rack.
Thinking about this though, if this bill passes; it simply states the firearm has to be kept from "ordinary observation". It goes on to say, "OR kept from ordinary observation and locked within the trunk, glove box, or interior of the person's privately-owned motor vehicle or a container securely affixed to such vehicle". But if the firearm was just kept from "ordinary observation", say under a coat in the back seat, if one did not have a CHP wouldn't this be considered a concealed weapon? Or even if you had a CHP and had a rifle wouldn't this be a concealed weapons charge??? At least until you left the vehicle or you left the parking lot and uncovered the firearm. To get a concealed weapons charge the weapon has to be concealed AND easily accessible, right??? That would be why an unloaded rifle/shotgun cased in a trunk cannot get you a concealed weapon charge because it's not easily accessible.
Would the CHP laws/requirements trump this bill as a CHP holder? Or would this bill trump the CHP laws/requirements??? Meaning if you went to work and parked your vehicle, as a CHP holder would you no longer need to "lock up" your handgun just keep it from "ordinary observation"?? What about one who does not hold a CHP???
That's a lot of questions. lol. Maybe I am just over thinking this, but the more I think about it to me it seems like in a sense this bill's contents may clash in certain areas with laws in place for concealed weapon and/or CHP laws/regulations.
Maybe we need to start a new thread regarding lb785???
Below is a link to the proposed bill in case anyone didn't have it or is interested.
http://nebraskalegislature.gov/FloorDocs/Current/PDF/Intro/LB785.pdf
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