General Categories > Carry Issues
Scheels allow ccw?
CitizenClark:
--- Quote from: FarmerRick on June 06, 2013, 04:30:29 PM ---What law would one be breaking by openly carrying? All they could do is ask you to leave.
--- End quote ---
The one against trespassing? (e.g., Neb. Rev. Stat. ยง28-521)
It is lawful for a property owner to set conditions on entry to his property. If you intentionally enter his property after having been given explicit notice of such a condition that you know you aren't complying with and you don't fall within some exception (e.g., you are land surveyor, etc.), you are trespassing.
Bucket:
--- Quote from: FarmerRick on June 06, 2013, 04:30:29 PM ---What law would one be breaking by openly carrying? All they could do is ask you to leave.
--- End quote ---
Not sure, but it seems to me to be disrespectful to a property owner to disregard his wishes. As much as I'm a supporter of the 2nd Amendment, I'm also a firm supporter of private property rights.
barmandr:
Ok, so what is the state's definition of "conspicuous"? Who has priority as far as allowing/not allowing guns. Scheels says you can CC, but the mall says you can't. Who is the one you have to abide by?
GreyGeek:
--- Quote from: FarmerRick on June 06, 2013, 02:55:29 PM ---Concealed Carry laws do NOT apply to open carrying
--- End quote ---
But "No Gun" signs do.
unfy:
--- Quote from: barmandr on June 06, 2013, 10:55:31 PM ---Ok, so what is the state's definition of "conspicuous"? Who has priority as far as allowing/not allowing guns. Scheels says you can CC, but the mall says you can't. Who is the one you have to abide by?
--- End quote ---
You've got a few questions wrapped up here.
First, "conspicuous" is... weird yes. LB352 was/is to address these issues.
http://nebraskafirearms.org/forum/index.php/topic,7265.0.html
And:
http://nebraskalegislature.gov/bills/view_bill.php?DocumentID=17844
Priority as far as allowing weaponry is a fun question. I am not a lawyer so take this as you will.
Within Scheel's and it's curtilage you are probably fine by following Scheel's policy.
The problem is that you can't GET TO Scheel's property without crossing 'generic owned by the mall custodian' property.
There is some interesting caveats to this.
I had a post a while back about a little strip mall that had no-guns signs at the entrances to the parking lot. In my mind, that makes things pretty clear.
For Scheel's this is more difficult, it's a HUGE area etc.
Buuuuttttt...
Lets go with say, Lefties Snausages House. This business doesn't allow concealed carry. You are perfectly fine to park in their drive way, walk up to their door, see the no-ccw sign, turn around and go back to your vehicle. You've not broken any law (AFAIK).
With Scheel's ... I... am not really sure if it's connected to other stores or only has it's own PRIVATE entrance/exits... but... I would assume that as long as you only entrances/exits that are Scheel's only, you would be fine. You are making use of public parking, etc.
If signs are posted at the entrances/exits of all of the parking lots for the mall area... then it might become a bit more weird. I imagine legally you'd still be fine (public parking space argument possibly ?) ... but that would bring us back to the property rights vs 2a kind of stuff that was heatedly debated here concerning LB335 hehehe.
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