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.

[Wesley D]

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.

...or maybe just completely remove financial institutions from the explicit CCW prohibited list?  You know, instead allow the bank owners to determine whether they allow or prohibit licensed CCW by law abiding gun owners on their property.   

[bkoenig]

Yeah, that would be nice but I dont see it happening.  With Ernie Chambers likely returning I'm afraid we will be lucky to pass anything pro-gun. 

[birddogne]

I had asked this same question of a attorney who was in my CCW class.  His thinking on it was that the law could only pertain to the actual retail space rented by the bank from the actual retailer.  So as long as you did not cross the threshold of the banks rented space it would not apply. 

However I would not even use the teller window.  Once your pinky is placed on the counter you would be entering the bank property.

But as with most of these situations some poor devil is going to have to go to court to get them proved.

[JimP]

I've posed this question to two former prosecutors

...... but of course it would be interpreted  that way by Prosecutors  (and Judges, as they are "Promoted Prosecutors, as Prosecutors are "Promoted Lawyers").... it feeds their business.

It's a racket*, and a legal one ..... the "Legal Racket": The laws are largely written by and for lawyers to be applied by former lawyers, as they see fit.

Anybody with an ounce of common sense could not only see that teh Walmartz is not "A financial institution", but that legal CCW holders are not likely to rob a bank of any sort..... but that is not the reason the law reads as it does: it reads as it does so some schmuck can fork over wads of cash to a defense lawyer, and a judge and a horde of lesser "public servants" will have a full docket to soak up your tax dollars...... all because he got made as he walked by a mini-branch of a gaint banking conglomerate that was too cheap to build a stand-alone bank building......

But as with most of these situations some poor devil is going to have to go to court to get them proved.

.... that "poor devil" could well be you or me, and it's damned shame that there is an entire industry (one of many, but this one is publicly subsidized!) based on fleecing us.




*A business, legal or otherwise, engaged in the sale of a solution to a problem that the institution itself creates or perpetuates, with the specific intent to engender continual patronage.

[DaveB]

I wonder if next they will catch someone in the bank parking lot using the ATM from their car while legally carrying a concealed firearm. Isn't using the ATM on bank property the same as using the actual bank?

Just pulling things a little farther.

[JimP]

I wonder if next they will catch someone in the bank parking lot using the ATM from their car while legally carrying a concealed firearm. Isn't using the ATM on bank property the same as using the actual bank?

If you are in your car, then you should be good.

Even a cop needs permission, articulable probable cause, and/or a warrant to search your car......

[Husker_Fan]

The car issue is explicitly taken care of in the statutes, so long as the parking lot and drive are open to the public. I agree with birdogne's ccw student.

The statutory section that is referenced for "financial institution" is the definition of what institutions are subject to state banking regulations. Grocery stores don't fit, though the retail banks in them do.