General Categories > Carry Issues
Interesting situation with ccw and alcohol sales. Need help
bullit:
Cracked Junior.....Sec. 018.01M under Prohibited places....."Establishment HAVING A LIQUOR LICENSE which derives over one-half of its income from the sale of alcoholic liquor".
Being a CHP instructor myself, I make the following comment understanding (and assuming) that there is only one form of "LIQUOR LICENSE" in Nebraska...., your instructor would be incorrect. There is NOTHING in the above section or elsewhere in CHP law specifying consuming versus not consuming in said licensed establishment. (Emphasis in caps all mine).
SemperFiGuy:
lunchbox
Does your company have a legal department (probably not) or have a law firm on retainer that you can go to for legal advice??
In this case, your best bet is to go to an attorney who knows the NE handgun laws and lay this question before him.
What you are getting here on the forum is best guesses, conjecture, personal interpretation, and a whole lot of uninformed opinion and sea-lawyering that you definitely cannot take to court and present to the judge. It's great to have the discussion, but push comes to shove, saying "Your honor, I read it on the NFOA Forum..." may not work out all that well.
This legal question should go to a knowledgable attorney. Actually, even his opinion does not entirely settle the question; it just gets you closer to the safer side of the issue. In a situation such as this one, you never know clearly where you actually stand until that day when you are leaving the courtroom.
It's your own personal rear end that's hanging out in the open if you carry as discussed above; best to keep it out of the grinder.
sfg
SemperFiGuy:
cracked junior
As a mild suggestion, it's a good idea to assimilate cautiously whatever truth is heard from CHP instructors.
As a lot, they are a generally uninformed bunch. [Bullit.....definitely ain't talkin' about you in this present instance. But I'll bet you've met enough other instructors goin' around to appreciate this particular point.]
sfg
bullit:
Yes as SFG alludes to... my opinions are mine and mine alone and I, Bullit, sponsored this advertisement.
With regards to SFGs advice "In this case, your best bet is to go to an attorney who knows the NE handgun laws and lay this question before him"
SFG... you will likely agree with me seeking and getting this advice alone is a HUGE problem in our state.....i.e. "an attorney who knows the NE hangun laws", However, it will indeed put you on the safer side of the street.
I'm out.....
SemperFiGuy:
Playing Hooky from School for a Coupla Hours, Contractors are All Gone from the House, Obviously I've Got Way Too Much Excess Time on My Hands This Morning to Spend on the Forum, So...........
As is happens, Nebraska has about a zillion different kinds of liquor licenses.
Looky Here: http://www.lcc.ne.gov/formsdiv.html
Title 272, NAC 21, Section 018.01M reads as follows:
018 PROHIBITED PLACES AND PREMISES
Establishment having a liquor license which derives over one-half of its income from the sale of alcoholic liquor;
Doesn't say exactly, specifically, precisely, and very clearly just which of the many kinds of liquor licenses are being addressed here and whether the income is wholesale, retail, or whatever. Trial case has to go before a judge, get adjudicated, make new case law to cover this particular situation.
You don't want it to be your case.
sfg
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