General Categories > Laws and Legislation
Do "No Gun Signs" carry legal weight before being asked to leave a business?
Phisher34:
Just going to preempt this discussion and contact a lawyer :)
DaveB:
I personally don't know of any CCW person here that purposely breaks the law by carrying into a signed business. We are not about compromising our rights by breaking the law.
So, Yes, the sign has the force of law in Nebraska
If a person, persons, entity, or entities in control of the property or an employer in control of the property prohibits a permit holder from carrying a concealed handgun into or onto the place or premises and such place or premises are open to the public, a permit holder does not violate this section unless the person, persons, entity, or entities in control of the property or employer in control of the property has posted conspicuous notice that carrying a concealed handgun is prohibited in or on the place or premises or has made a request, directly or through an authorized representative or management personnel, that the permit holder remove the concealed handgun from the place or premises. A permit holder carrying a concealed handgun in a vehicle into or onto any place or premises does not violate this section so long as the handgun is not removed from the vehicle while the vehicle is in or on the place or premises. An employer may prohibit employees or other persons who are permit holders from carrying concealed handguns in vehicles owned by the employer.
Phisher34:
I reference the law in my post and don't intend to rustle any feathers (especially on my first post). However, I do know more than a handful. We can think of this as a hypothetical situation if it helps.
I also understand the distinction between federal buildings and private property, and signs that do or do not reference the legislation.
A quick google search will show you several places where this is discussed, though I have never seen any discussion on these boards:
http://thefiringline.com/forums/showthread.php?t=433402
http://thefiringline.com/forums/showthread.php?t=461998
XDHusker:
Personally, I say why chance it. There is certainly some legal wiggle room about the "conspicuously posted" portion of the law. I know my gym has small white text printed on a side window that is not very conspicuous at all that says "no weapons" and that's it. If I were to carry there and get busted I could likely win in court, but I wouldn't push the issue there personally.
As far as the legal ramifications, you are committing a crime by carrying into a location that has a "no guns" sign.
028.03 The following offenses are classified as Class III Misdemeanors for the first offense and as Class I Misdemeanors for the second or subsequent offense:
????
Permit holder carrying a concealed handgun into a prohibited place or premises.
(See § 018 in the regulations or §69-2441 in the statutes.)
and more importantly:
028.05 Violators are also subject to revocation of the concealed handgun permit.
Phisher34:
Thanks Husker, that does help.
Seeing the penalty associated with breaking the law pretty much answers my question - as I haven't seen it listed on several of the reference sites I have looked including:
http://www.handgunlaw.us/states/nebraska.pdf
My question was not whether I would get the "okay" to do it. I have no intention of ever disregarding someone's right to run their property how they want. I just know many people who do it (some on these forums) because in many states there is no associated legal ramifications until you refuse to leave, or because they are completely confident they won't be spotted. I am in your group that says why chance it.
Navigation
[0] Message Index
[#] Next page
Go to full version