NFOA MEMBERS FORUM
General Categories => Carry Issues => Topic started by: Burnsy87 on November 13, 2014, 07:06:10 AM
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Couple friends were warned by a CCW instructor not to carry in Wal-marts and the like even if they're not posted IF there is a bank inside.
There any legal weight to this? I don't remember it from my class, but it may have been covered, it's been awhile.
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Walmart is not posted. IF you were to buy a gun there how could you transport it outside the store IF there was a bank associated with the store? The bank isn't in the store proper, so from my POV it means that I don't do any banking at banks with entrances into Walmart.
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That was my argument, you aren't walking into a bank, you're walking into a supermarket or whatever.
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I think the standard is to not directly do business with the financial establishment in question. You are still free to conduct business with the original building occupant, as the financial institution only leased a small area of the building.
However, I am sure someone will correct me if I am mistaken.
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This bank-in-store/supermarket situation is the kind of grey area in the law that requires the application of case law to establish some clearer rules.
Same way, the liquor-establishment-with-50%-more/less-sales from alcoholic beverages.
And some others. Like...
What--exactly--is official contact with an LEO??
Not to mention (a) what if the LEO doesn't give your handgun back after the traffic stop and also (b) doesn't provide a receipt for the handgun.
And the vague "No Handguns/No Weapons" signage rules.
There are more; those are enuf for now.
sfg
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I read that as "if you unfortunately have to take action in one of those places, pay money for a damn good lawyer"
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I read that as "if you unfortunately have to take action in one of those places, pay money for a damn good lawyer"
Yep. This is one of those cases where obviously if you haven't stepped into the bank area (which has a clear separation from the rest of the store) then you aren't in a "bank." And yet, if someone wants to give you a hard time about it, then you'll get to make that argument in court.
There are, unfortunately, a LOT of laws that can be "argued" in this fashion, if the LEO is sufficiently mis-informed about the law, OR just wants to give you a hard time because you've been behaving badly enough to annoy them.
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The Supermarket near me has a bank inside it. On weekends/holidays the Bank is closed and the Supermarket is still open. I take the line of demarcation as to where I can carry is the sliding door which closed off the bank when it is closed. I can carry concealed on the supermarket (not posted) but do not cross the door track into the bank inside. Couple of times I needed to go to the bank just left my concealed carry locked in the car. This seems to make sense to me. Also the Bank has a different name from the supermarket which indicates it is a different entity.
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So, just for fun, how about an office building that houses a bank? Let's say, for the sake of discussion, that the building is owned by the bank but other tenants lease space.
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So, just for fun, how about an office building that houses a bank? Let's say, for the sake of discussion, that the building is owned by the bank but other tenants lease space.
Such as the First National Bank Tower? The bank does have office space int eh building, but most of it is leased space.
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Such as the First National Bank Tower? The bank does have office space int eh building, but most of it is leased space.
That's an example. Although, I don't think there is truly a "bank" in the tower. The building across the street to the north does have a bank in it as well as a good bit of non-bank leased space. The Core Bank office on 132nd & Maple would be another example. Core Bank occupies most of the building, there is a "bank" but there are also non-bank tenants.
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Concealed is Concealed is Concealed is Concealed ..... Say it all together ...... I'll take the risk next time I have to stop in at Bakers or Hyvee .....
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That CCW instructor should have his instructor permit revoked because he doesn't know his ass from a hole in the ground.
You have to be IN the financial institution its self, not in the building containing said space.
I don't have time to dig it up right now but IIRC it is spelled out specifically in the law, it is not a grey area AT ALL.
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018.01G Financial institutions as defined by Nebraska Revised Statutes
ยง 8-101(12);
http://law.justia.com/codes/nebraska/2006/s08index/s0801001000.html (http://law.justia.com/codes/nebraska/2006/s08index/s0801001000.html)
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Okay excellent thanks guys
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That's an example. Although, I don't think there is truly a "bank" in the tower.
You are correct. There is no actual "bank" in the building. Although I believe the building is posted for no weapons.
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This is a screwy area. The state statute that defines "Financial Institution" in terms of the corporation that is chartered. You can't be "in" a corporation. It's a legal fiction. The statute doesn't say "property occupied by a Financial Institution" which would be clearer and probably what the legislature meant, but isn't what it wrote.
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I work inside one of the aforementioned financial institutions. When customers approach our counter they are still on the supermarket tile, but we also have an office that is clearly not (you go through a door). I've asked around about this and the answer I was given is "Office is a no go, but because the outside of our teller line is part of the store it is fine." Some of the other in store branches are set up differently, where the entire branch is contained in a basically separate room set out from the rest of the store typically delineated by carpet, or where a gate comes down at closing time, those are a no go for carry altogether.
Just my 2 cents, take it for what it's worth.
If I was allowed, I'd carry at work...