Parking Lots Revisited

[mustang5o]

Am I remembering correctly that there was legislation in place to try and clarify some of parking lot issues?  I went to eat at Horseman's Park in Omaha this weekend and they had a sign that said "Concealed Handguns prohibited in the building or parking lot per Nebraska Statute 69-2441".  I figured it wasn't legal to carry in the building but a friend of mine wanted to go there so I went anyway.  I had thought they couldn't say you couldn't have it in the parking lot but after re-reading the statute I guess we are supposed to actually lock it up inside the vehicle.  I remember my CCW instructor telling me as long as it was out of view and the vehicle locked it would be OK.  In fact, I thought Marty Conboy had said that well???

[XDHusker]

My understanding is the same as yours, that as long as you lock it up in your car you are ok.  Even if it's a school or whatever.
I suspect the "in the parking lot" portion is in the context of carrying while walking through the parking lot which would technically be their property.

It does make for some ambiguity because if you are legally carrying and just walking down the street you could very easily cross a parking lot of someone like this.

[cckyle]

As long as it is a public parking lot and you secure the firearm in the vehicle you are within your rights if you have a CHP.

[00BUCK]

As long as it is a public parking lot and you secure the firearm in the vehicle you are within your rights if you have a CHP.

And therein lies the problem - it is most likely not a public parking lot.

[mustang5o]

I have my secure box in the back of my SUV so it's not convenient to access.  If I'm just going to be at a place for a few minutes it's a hassle.  We should be OK just putting it under the seat and locking car.  Guess I'll investigate moving my lock box up to the front.

[Phantom]

Nebraska Revised Statute 69-2441
Revised Statutes » Chapter 69 » 69-2441 Print Friendly 69-2441. Permitholder; locations; restrictions; posting of prohibition; consumption of alcohol; prohibited.

(1)(a) A permitholder may carry a concealed handgun anywhere in Nebraska, except any: Police, sheriff, or Nebraska State Patrol station or office; detention facility, prison, or jail; courtroom or building which contains a courtroom; polling place during a bona fide election; meeting of the governing body of a county, public school district, municipality, or other political subdivision; meeting of the Legislature or a committee of the Legislature; financial institution; professional or semiprofessional athletic event; building, grounds, vehicle, or sponsored activity or athletic event of any public, private, denominational, or parochial elementary, vocational, or secondary school, a private postsecondary career school as defined in section 85-1603, a community college, or a public or private college, junior college, or university; place of worship; hospital, emergency room, or trauma center; political rally or fundraiser; establishment having a license issued under the Nebraska Liquor Control Act that derives over one-half of its total income from the sale of alcoholic liquor; place where the possession or carrying of a firearm is prohibited by state or federal law; a place or premises where the person, persons, entity, or entities in control of the property or employer in control of the property has prohibited permitholders from carrying concealed handguns into or onto the place or premises; or into or onto any other place or premises where handguns are prohibited by state law.

They might be Using this part of the law  It's been a few years since i worked there so i don't remember off hand.

But I'd assume some of that date's back to the Mutual dept at Aksarben getting held up and robbed  at gun point.

It was the reason that Main-line's Mutual Windows got totally boarded up and locked down during Simulcasting the Mutual manager at that time was totally freaked out about strangers or guns after that happening.
She isn't the current mutual manager at horsemans park but several of the women who worked with her in the mutual dept office are working there still there last i knew.   

[unfy]

I have my secure box in the back of my SUV so it's not convenient to access.  If I'm just going to be at a place for a few minutes it's a hassle.  We should be OK just putting it under the seat and locking car.  Guess I'll investigate moving my lock box up to the front.

Cabela's and other stores sell a box that comes with a chain that you wrap around the bolts / base of your car seat and are legal-friendly for an attached secure box concerning firearms.  Don't recall the cost, but I recally $20-$35 as being the norm.  This way you don't have to leave the driver's seat.

[Chris Z]

http://nebraskalegislature.gov/laws/statutes.php?statute=69-2441

69-2441 Section 3



(3) A permitholder carrying a concealed handgun in a vehicle or on his or her person while riding in or on a vehicle into or onto any parking area, which is open to the public, used by any location listed in subdivision (1)(a) of this section, does not violate this section if, prior to exiting the vehicle, the handgun is locked inside the glove box, trunk, or other compartment of the vehicle, a storage box securely attached to the vehicle, or, if the vehicle is a motorcycle, a hardened compartment securely attached to the motorcycle. This subsection does not apply to any parking area used by such location when the carrying of a concealed handgun into or onto such parking area is prohibited by federal law.

[Thanke]

The last line:

This subsection does not apply to any parking area used by such location when the carrying of a concealed handgun into or onto such parking area is prohibited by federal law.


 
prohibited by federal law? Like Military bases, federal buildings...is there any other obvious places and is that what this is referring too?

[cckyle]

And therein lies the problem - it is most likely not a public parking lot.

I phrased that incorrectly.  It doesn't need to be a public parking lot (it can be privately owned), but rather a parking lot that is open to the public.  This covers most parking lots.  The main problem some of us may run into on a regular basis is if you are employed at a place that has an employee parking lot that is closed off to the public.  LB785 last year attempted to address this.  Other than that I can't think of any business/place that I go to on a regular basis that doesn't have a parking lot that is open to the public. 

[cckyle]

prohibited by federal law? Like Military bases, federal buildings...is there any other obvious places and is that what this is referring too?

Penitentiaries, some areas controlled by the corps of engineers, there may be others as well, but those are the ones I can think of.   

[Husker_Fan]

Post offices.

[gigabelly]

What about a private school? Can I stay in my car with it on my person? I know that the law is the law but gun free zones are such a bad idea. (sigh)

[Clint]

Looking at the phone book under 'US Government Offices': National Guard, military recruiting offices, Social Security, USDA, Farm Service, FHA, Western Area Power Administration, Dept of the Interior, Fish and Wildlife, IRS, FAA, Natural Resources, Rural Development. Geez, plenty of them around here. Some of these offices share services with other federal entities.

Unless something were to go terribly wrong, a person would probably be OK with a weapon locked up, attached to the vehicle, and out of sight. Still would be taking a chance, possibly.

So what happens when you go to town for machinery parts or supplies with your LEGAL CCW permit, and get a call from Farm Service Agency (USDA) that you need to stop in to sign some documents? Take the weapon back to the farm and make a special trip back to town without the weapon? Find someplace around town to stash it while in the federal office?

I don't know if these federal parking lots would be prohibited or not. Would you have to check with each agency?

[Phantom]

There is one thing I wasn't able to find
 
Does it make any difference that this is a location that is geared primarily to Gambling?

Also the Nebraska Racing commission has a room in side set aside just for their use as an
On-site office.

Would that then classify the property as a government facility ?

[mustang5o]

What about a private school? Can I stay in my car with it on my person? I know that the law is the law but gun free zones are such a bad idea. (sigh)

I know in Omaha the City Prosecutor replied to an email from me about public schools and said it's fine if it's locked up out of sight.  Personally I think the requirement of actually locking in a separate locked container it a bit much.  If it's out of sight and the vehicle is locked, shouldn't the vehicle count as a locked container?  Neither my glove box or center console lock.  I have one of the aforementioned lock boxes attached with a cable in my cargo area but as stated, it's a little inconvenient to take it to the back.  For now I'll move it up to under the front seat.

[sattv4u]

I made a ammo can lockbox and cable locked it to my rear seat frame behind drivers seat.

[AAllen]

It was determined that just having the vehicle locked was not enough because of how easy it is for a vehicle to be broken into.  Remember lots of things get stolen from locked vehicles in smash and grabs and they do not want your firearm to be one of them.