General Categories > Laws and Legislation
Concealed Handgun Permit Question
OnTheFly:
I couldn't find anything in LB430 except that CC is prohibited in a Financial Institution.
Anyone have the specific location of LB430 which addresses a bank in a store?
Fly
JimP:
IIRC, CMZ covered this, somewheres.......ccwne, maybe. Chris?
armed and humorous:
I just called the Attorney General's office. Mind you, I didn't talk to Bruning directly, but one of his employees. He seemed to know what he was talking about. The "official" word from him is that carrying a gun into an establishment, such as the SuperSaver in question that houses a financial institution, is one of those things that is not clearly defined by law. Whether or not charges could, or would be filed would depend on a number of circumstances, including, but not limited to the following. Proximity to the actual bank or bank area. If you were at the bank counter transacting business with them (or robbing them), you would probably be charged with a violation if discovered. If you were two hundred feet away buying a bag of peanuts, you would probably not be charged even if discovered. The interpretation of the law and circumstances from the perspective of the law enforcement officer on the scene. If he was called because a store employee noticed a bulge under your jacket when you reached for the pickels on a high shelf, and you were doing nothing else wrong or illegal at the time, and you had a clean record, and you cooperated with the LEO when confronted, you would probably not be charged. If you had, three quarts of whiskey under your sweatshirt, a record a mile long, and got pissy with the LEO when questioned (like calling him/her a racist), you could likely be charged. If you did end up in court, all of these things would come into play when either the judge or jury arrived at a verdict.
It's a crap shoot. Most likely if you keep your distance from the bank area and don't do anything suspicious and cooperate should you be contacted by an LEO, you have nothing to worry about. So, don't be eating a few of the grapes as you pass by the produce section.
JimP:
--- Quote from: armed and humorous on July 29, 2009, 09:49:50 AM --- If you were at the bank counter transacting business with them (or robbing them), you would probably be charged with a violation if discovered. If you were two hundred feet away buying a bag of peanuts, you would probably not be charged even if discovered. The interpretation of the law and circumstances from the perspective of the law enforcement officer on the scene. If he was called because a store employee noticed a bulge under your jacket when you reached for the pickels on a high shelf, and you were doing nothing else wrong or illegal at the time, and you had a clean record, and you cooperated with the LEO when confronted, you would probably not be charged.
It's a crap shoot.
--- End quote ---
If...... If....... If....... If the Officer doesn't take a shine to you/If he/she has had a bad day/does not like the T-shirt you have on/the spelling of your last name/ the fact that you have tatoos, piercings/ thinks he/she is OneoftheOnlyOnes/yadayada ad infinitum........
Officer Discretion..... hell, if we wanted to rely on that, we would all carry under "Affirmative Defense". What we have with this case is folk tiptoeing around hoping the Police like them. "When the Government fears the People, there is Liberty. When the People fear the Government, there is Tyranny."
armed and humorous:
JimP:
Your point is what? That we should be able to carry wherever we want? Well, we can't (without risking arrest), at least not right now. I'm not saying that if we're good little boys and girls we have nothing to fear. I'm just telling it like it is. It's up to each of us if we want to take a chance with an ambiguous law. I'd like to carry anywhere I go, too, but I will admit there are certain places it's probably not a good idea - places where alcohol or hot tempers are likely to impair someone's judgement, for example. That's another questionable area we CHPers have to worry about: an establishment with a liquor license that derives over half of its income from alcohol. How the heck are we supposed to know that? Sure, the NSP recommends that those establishments post against concealed handguns, but they are not required to do so. And, what sense does that make anyway if someone can still openly carry in the same establishment?
There is no doubt our laws leave a lot to be desired. I'm really not sure what your point is here, so don't get me wrong and take this comment as an attack on you. On the other hand, if you don't like tiptoeing around hoping the police like you, and would like to stand next to the bank counter at SuperSaver until someone notices you're packing under your T-shirt so you can be the first test case, I'm sure we'd all appreciate knowing how it turns out. ;D
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