General Categories > Carry Issues
Carry in Grocery Stores with Banks
Mikee Loxxer:
My question concerns carrying concealed in stores that also contain a bank branch.
The Nebraska Concealed Handgun Permit Act notes in section 018 that amongst prohibited places and premises are Financial Institutions as defined by statute 8-101(12) which appears to read “Financial institution means a bank, savings bank, building and loan association, savings and loan association, or credit union, whether chartered by the United States, the department, or a foreign state agency; any other similar organization which is covered by federal deposit insurance; or a trust company;.”
Does this mean that retail establishments that includesa bank branch such as many of the grocery stores here in Lincoln are prohibited places?
HuskerXDM:
Just don't go to the bank. If the grocery store isn't posted, you're good.
LawyerJan:
I've posed this question to two former prosecutors who, though are gun owners, are not CCW friendlies. They both indicate that carry is not allowed in grocery stores where there are financial offices. I've given them a series of hypothetical fact patterns and they continue to believe that a local LEO and the prosecutor could cite you and prosecute the case.
I maintain that the statute is clear, the bank prohibition does not apply to the grocery store. However, where the line is drawn to where the grocery store ends and the bank begins might be a factual distinction. For example if the "bank" is in an adjoining room, maybe that is a prohibited place. If the teller window is just a counter protruding into the grocery store, then perhaps it is not a bank.
One of the attorneys said he would defend me if I was cited for carrying in the grocery store (with a bank) but he personally believes the grocery store with a bank inside is a prohibited place.
Mikee Loxxer:
Interesting reply! Thanks for the response LawyerJan.
bkoenig:
I know we have lots of other more pressing priorities for the next Legislature, but maybe if we do any revisions to CCW laws it would be a good idea to add language stating only financial institutions with separate entrances are prohibited.
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