NFOA MEMBERS FORUM

General Categories => Carry Issues => Topic started by: LJUnaTIC on January 11, 2009, 10:32:13 PM

Title: Gun Free Zone?
Post by: LJUnaTIC on January 11, 2009, 10:32:13 PM
Saturday Jan. 10, the auto repair/convenience store at 70th and Van Dorn in Lincoln was robbed at 7:00 pm.

At 6:55 pm,  directly West across the street, a man and his wife, daughter, son-in-law and  2 grandsons are standing in the parking lot of Valentino's Grand Buffet gun free zone (not his 1st, 2nd, or 3rd choice of eateries) loading up to leave. They  exit onto 70th  and go south to Van Dorn as the perps are entering the building...

I will let you guess as to wether or not said  gentleman was armed when he exited Valentinos Buffet

Stay safe out there folks !
Title: Re: Gun Free Zone?
Post by: Aldo on January 15, 2009, 10:35:47 AM
Whoa, that's getting pretty close to home for me at that gas station!!  :o  I go there to get my propane tanks refilled, and my son and I almost went there Saturday early evening to get the tank refilled.

True stories like that reinforce me (and my family) re carrying concealed.

BTW, Valentino's is NOT real Italian food...add on top of that the fact that they don't allow guns carried on their premises...and that's a double whammy!  As a first-generation Italian born here in the U.S. of folks who (legally) emigrated to the U.S., I'll provide the home-made sauce and meatballs for a get together at Ike's, and then we can do a Soprano number on some targets!  8)
Title: Re: Gun Free Zone?
Post by: Dan W on May 24, 2009, 07:40:53 PM
For anyone that care to know, the NO GUNS sign are gone from this Valentino's now,









But I might have seen one of these









(http://lh3.ggpht.com/_IyhnYEZwTQs/ShnozNZ5DlI/AAAAAAAAAdA/cWIx_C420bo/s512/NONUNS.jpg)
Title: Re: Gun Free Zone?
Post by: OnTheFly on May 24, 2009, 08:47:32 PM
What was the reason the signs were taken down?  Was it due to the robbery across the street or did someone contact Valentino's?

Fly
Title: Re: Gun Free Zone?
Post by: Dan W on May 24, 2009, 09:00:21 PM
What was the reason the signs were taken down?  Was it due to the robbery across the street or did someone contact Valentino's?

Fly

I did not ask why, as I think it might make them think about it again.

Title: Re: Gun Free Zone?
Post by: Jesse T on May 26, 2009, 10:35:00 AM
Are you sure? last time I got my hopes all up and the signs were still there.  I will stop by later this week and check.  (and take a photo if it is still there)

I have talked to a manager about it and he of course swore it is corporate policy blah blah blah.  I have e-mailed their corporate and got no response. 
Title: Re: Gun Free Zone?
Post by: OnTheFly on May 26, 2009, 12:26:31 PM
I also emailed Val's, and they said the signs were required by their insurance company.

Fly
Title: Re: Gun Free Zone?
Post by: huskergun on May 26, 2009, 06:25:05 PM
"I also emailed Val's, and they said the signs were required by their insurance company."

This interesting isn't it.....
Title: Re: Gun Free Zone?
Post by: Randy on May 26, 2009, 06:57:40 PM
Fellow members were these recent emails?

If not I would not point out the locations that do not have its posted signage.
Title: Re: Gun Free Zone?
Post by: Dan W on May 26, 2009, 08:41:40 PM
Quote
Are you sure? last time I got my hopes all up and the signs were still there.  I will stop by later this week and check.  (and take a photo if it is still there)


 Jesse, I  did two walk throughs of the main entrance and exit looking high and low and could find no sign. It used to be up high on the exit. I could not find it ... If i missed it please let me know.
Title: Re: Gun Free Zone?
Post by: Jesse T on May 26, 2009, 10:53:34 PM
It used to be in the entry way, between the doors next to kind of a bulletin board.  I will stop by after work sometime this week and take photos if it is still there, if not I may just eat there!
Title: Re: Gun Free Zone?
Post by: OnTheFly on May 27, 2009, 10:40:08 AM
Quote
Fellow members were these recent emails?

Within the last year.

Quote
If not I would not point out the locations that do not have its posted signage.

I'm not sure I'm following.

Fly
Title: Re: Gun Free Zone?
Post by: Jesse T on May 27, 2009, 11:05:52 AM
My e-mails were last fall. And I believe the last time I checked was in march when someone mentioned they were gone on another site.  (they were not gone that time).  It is worth mentioning (to me at least) when someone who had signs up, has taken them down.  I like to reward them with at least considering to do business there again.

Fellow members were these recent emails?

If not I would not point out the locations that do not have its posted signage.
Title: Re: Gun Free Zone?
Post by: JebM on May 27, 2009, 06:10:01 PM
I just noticed Startran has signs up for no weapons!  I guess if you can't afford a car you aren't allowed to protect yourself either!
Title: Re: Gun Free Zone?
Post by: Dan W on May 27, 2009, 09:24:08 PM
The buses have been a gun free zone since the CHP law was passed
Title: Re: Gun Free Zone?
Post by: bullit on May 28, 2009, 11:13:12 AM
"The buses have been a gun free zone since the CHP law was passed"

Don't ride the bus, but wonder if LB430 will exempt CHP holders.
Title: Re: Gun Free Zone?
Post by: Randy on May 28, 2009, 11:45:07 AM
Quote
Fellow members were these recent emails?

Within the last year.

Quote
If not I would not point out the locations that do not have its posted signage.

I'm not sure I'm following.

Fly
By not pointing out meaning to the store management and or corporation.
The sign may have been removed by the management.
Emails to corporate could just get that location in trouble.
The date of the email is relevant as to when the signage was reported missing.

By all means let us know here.

Hope this explains my rational.
There is more on this subject at CCWNE.com
Title: Re: Gun Free Zone?
Post by: Dan W on May 28, 2009, 07:54:12 PM
I heard on KLIN today that the City of Lincoln is going to put sign in all the parks now, so still no CCW there
Title: Re: Gun Free Zone?
Post by: bullit on May 29, 2009, 07:30:21 PM
Dan W,
Doesn't LB430 negate your above post for CHP holders?
Title: Re: Gun Free Zone?
Post by: Dan W on May 29, 2009, 07:47:54 PM
NO, the city says they  can Post the parks NO CCW   because state law allows that.

018 PROHIBITED PLACES AND PREMISES
018.01 A permit holder may carry a concealed weapon anywhere except:

018.01O Any place or premises or employer owned vehicle where those
in control of the place, premises or vehicle have prohibited
permit holders from carrying concealed handguns; 
Title: Re: Gun Free Zone?
Post by: Dan W on May 29, 2009, 07:57:33 PM
   From LB430

(2) If a person, persons, entity, or entities in control
  of the property or an employer in control of the property prohibits
  a permitholder from carrying a concealed handgun into or onto the
  place or premises and such place or premises are open to the
  public, a permitholder 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 permitholder remove the concealed handgun from the place or
  premises. A permitholder 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.
 (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 1 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.
Title: Re: Gun Free Zone?
Post by: OnTheFly on May 29, 2009, 08:00:36 PM
Quote from: Randy
By not pointing out meaning to the store management and or corporation.
The sign may have been removed by the management.
Emails to corporate could just get that location in trouble.
The date of the email is relevant as to when the signage was reported missing.

Oh!  I'm with you now.  No. I didn't point out where it was NOT posted.  Only commented on the fact that it WAS posted at the Val's To Go at 70th & Vine.

Fly
Title: Re: Gun Free Zone?
Post by: bullit on May 30, 2009, 08:52:56 AM
Thanks Dan.
Title: Re: Gun Free Zone?
Post by: Randy on May 31, 2009, 12:06:59 PM
LB430 Page 18-19
Sec. 5. Cities and villages shall not have the power to regulate the ownership, possession, or transportation of a concealed handgun, as such ownership, possession, or transportation is authorized under the Concealed Handgun Permit Act, except as expressly provided by state law. Any existing city or village ordinance, permit, or regulation regulating the ownership, possession, or transportation of a concealed handgun, as such ownership, possession, or transportation is authorized under the act, is declared to be null and void as against any permitholder
possessing a valid permit under the act.

018.01O Any place or premises or employer owned vehicle where those
in control of the place, premises or vehicle have prohibited permit holders from carrying concealed handguns; 

As written those in control being the city can still post any city property including parks?

Bummer I did not realize this, the wording is sneaky. I had interpreted LB430 to give exemption to those cities posted park areas. realizing that there are also federal gun free zones such as schools.
Dan perhaps I missed it but has anyone confirmed this with the AG?
Title: Re: Gun Free Zone?
Post by: Thomas on June 02, 2009, 05:31:43 PM
Good Question. I live by a park and the city is not in control of that property.
Title: Re: Gun Free Zone?
Post by: Dan W on June 02, 2009, 07:08:08 PM
I would argue that public  parks and city property is not properly restricted in this way anymore than a public street or sidewalk. Who is really in control here? The people are the city! I think that legislative intent would show that CCW  in Lincoln parks would be legal, as one of the supporting Senators actually said this during the debate of LB430

 I also would like to see the AG's opinion on this parks thing, but I don't think just anybody can request a legally binding opinion. We might  need a Senator to ask  Bruning.

But as it stands right now, some cities think they have the power to do this according to the laws and regulations I posted above, and unless this changes, it will spread all through the state.
Title: Re: Gun Free Zone?
Post by: tufftrav on June 02, 2009, 09:58:33 PM
I have already seen the No Guns signs posted at Omaha city parks. i'm fine if i leave my gun locked in my truck while at the park correct?
Title: Re: Gun Free Zone?
Post by: Dan W on June 02, 2009, 10:03:19 PM
After LB430 becomes law 90 days from May 29th this will be the law  (possibly 90 days from the signing by the Gov on May 19th)

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 1 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.
 
Title: Re: Gun Free Zone?
Post by: OnTheFly on June 03, 2009, 05:32:46 PM
I was hoping they would not ban it in Lincoln parks.  I ride my bike on the trails which go through some parks and/or may be considered park property.  I would think an open air location like that without specific entrance/exit points may be difficult to enforce the "No CCW" signs if you took your ticket to a judge.

I had one recent incident where a young (early 20's) man tried to get out of his car to come accost me.  I have NO idea what made him honk at me and flip me off.  Some people just hate bicyclists.  After that I was thinking putting my firearm in a fanny pack might be a good idea.

Fly
Title: Re: Gun Free Zone?
Post by: Eagle1 on March 13, 2011, 12:42:00 PM
I have 2 questions here.
First in regards to Dan's last post here(nearly 2yrs ago). A school parking lot, is it legal to enter a school parking lot to pick up your child or if entering the school for an event and securing your firearm before exiting the vehicle legal?
? 2
In a legal to carry retail building such as a large box store or grocery store with a bank branch is the entire building a "no ccw" area? Does it make a difference if the bank has a distinctive entry point (internal to the building, not an outside entry)?
Title: Re: Gun Free Zone?
Post by: OnTheFly on March 13, 2011, 11:21:11 PM
You can drive onto school property per the statute below...

Quote
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.

..............

(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.

Regarding the bank in the store question...that has been asked before, and I believe only opinion can be offered.  I don't approach the bank counter so, in my mind, I am not "in" the bank.

Fly
Title: Re: Gun Free Zone?
Post by: Eagle1 on March 14, 2011, 12:59:37 AM
Thanks Fly. That is what I remembered reading one time. The last sentence is the kicker. Federal restriction.
The bank in a store: I think you are ok as long as you don't enter the door way which many have. Some that do not have a physical barrier would be the gray area. Need clarification.
Title: Re: Gun Free Zone?
Post by: SeanN on April 07, 2011, 12:52:50 PM
Hmmm... I regularly carry in the Valentino's in Omaha that has the buffet. I always look for signs and never saw one.

Anyone see "No Guns" signs in the Omaha one? I'd hope I wasn't unknowingly breaking the law.
Title: Re: Gun Free Zone?
Post by: Wilson on April 07, 2011, 01:32:53 PM
Valentino's isn't posted that I have seen!
Title: Re: Gun Free Zone?
Post by: Dan W on April 07, 2011, 07:02:30 PM
Valentino's isn't posted that I have seen!

Valentino's has posted all of its stores in the past, but the signage was never compliant with the conspicous provisions of the law, nor were the signs on the exterior entrances as required by law.

I personally have reported that my local Val's was sign free when in fact it was not, so be careful if you choose to eat there
Title: Re: Gun Free Zone?
Post by: DanClrk51 on April 12, 2011, 08:56:16 AM
Another reason why LB 88 needs to be tacked onto LB 512 and passed THIS YEAR!