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Interesting situation with ccw and alcohol sales. Need help

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bullit:
The main thing about The Cobra is keeping him off the Judiciary Committee which I would hope the Unicam members are smart enough to do..alas I dream.....

unfy:
I love this thread and it's had me scratching my head all along.  Can't wait for some non-oh-sh!t resolution to the matter :)

Chris Z:
My 2 cents.... Keeping in mind I AM NOT AN ATTORNEY...

NE CHP law says you cannot carry in your place of work since more than 50% of your revenue is derived from the sale of alcoholic beverages....

However, consider this under 69-2445 and 28-1202 sec 1b:

69-2445. Carrying concealed weapon under other law; act; how construed.

Nothing in the Concealed Handgun Permit Act prevents a person from carrying a concealed weapon as permitted under section 28-1202.




28-1202. Carrying concealed weapon; penalty; affirmative defense.

(1)(a) Except as otherwise provided in this section, any person who carries a weapon or weapons concealed on or about his or her person, such as a handgun, a knife, brass or iron knuckles, or any other deadly weapon, commits the offense of carrying a concealed weapon.

(b) It is an affirmative defense that the defendant was engaged in any lawful business, calling, or employment at the time he or she was carrying any weapon or weapons and the circumstances in which such person was placed at the time were such as to justify a prudent person in carrying the weapon or weapons for the defense of his or her person, property, or family.


There is an out as I point out above, keeping in mind under the affirmative defense, should you have to use this firearm and you are charged with CCW... The burden of proof shifts to you initially to prove that you were justified in carrying the weapon.


Rather be judged by 12 or carried by 6?

lunchbox:
My CHP instructor was under the impression that if I had a signed document from the President/owner stating that I'm allowed to carry a weapon at work, would help the situation. But as said before, I don't want to trust one persons opinion. I was hoping this thread turned into what it has. A healthy discussion regarding a gray area, not so easily defined. My instructor is the Chief of police in a town in Nebraska. Too bad the brewery isn't in the same town he is. I think for now, as I stated earlier in the thread. I'm just going to open carry while at work.

smitty81:

--- Quote from: lunchbox on October 30, 2012, 04:35:45 PM ---My CHP instructor was under the impression that if I had a signed document from the President/owner stating that I'm allowed to carry a weapon at work, would help the situation. But as said before, I don't want to trust one persons opinion. I was hoping this thread turned into what it has. A healthy discussion regarding a gray area, not so easily defined. My instructor is the Chief of police in a town in Nebraska. Too bad the brewery isn't in the same town he is. I think for now, as I stated earlier in the thread. I'm just going to open carry while at work.

--- End quote ---

The other thing I think that has to be taken into consideration is that even someone such as a cop or a attorney may not have the answer either. While they are in a better position to answer then most of us, they won't have the final say.

Since none of this has been through court, there is no real answer as to right or wrong.

I think this was all said earlier.

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