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General Categories => Laws and Legislation => Topic started by: LutherRev on October 05, 2009, 10:48:51 PM

Title: Guns in a parking lot
Post by: LutherRev on October 05, 2009, 10:48:51 PM
I saw a sign today that read "The YMCA of Greater Omaha strickly forbids the possession, display, or storage of weapons on YMCA property. This includes inside facilities, on sidewalks, or in the parking lot".

Is it legal for a private company/organization to forbid members of the public from storing handguns in automobiles parked in the lot?
I understand that any private company has the right to post the premises as no carry but can they forbide storage in vehicles? 
Title: Re: Guns in a parking lot
Post by: Dan W on October 05, 2009, 11:00:27 PM
No , they can not regulate firearms possessed in the vehicles of valid permit holders while in the parking lot, as long as they never leave the vehicle
Title: Re: Guns in a parking lot
Post by: LutherRev on October 05, 2009, 11:05:05 PM
How should this situation be handled? It seems to me that just ignoring the sign isn't the best answer.
Title: Re: Guns in a parking lot
Post by: huskergun on October 06, 2009, 07:01:30 AM
I would be in their notifing them that they can not forbid you from having a firearm in your locked vehicle and they need to remove their sign and replace it with a sign that follows the law.
Just my thought.
Which YMCA did you see that sign at?
Title: Re: Guns in a parking lot
Post by: huskergun on October 06, 2009, 07:05:07 AM
 Dan, Can you provide info on this portion of the law. A link or something. I would love to take something with me to the YMCA.
Thanks
Title: Re: Guns in a parking lot
Post by: FarmerRick on October 06, 2009, 08:03:13 AM
http://www.nebraskalegislature.gov/laws/statutes.php?statute=s6924041000 (http://www.nebraskalegislature.gov/laws/statutes.php?statute=s6924041000)

Nebraska Revised Statute 69-2441   (Relevant sections to this question)

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.

(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.

(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.
Title: Re: Guns in a parking lot
Post by: bullit on October 06, 2009, 10:32:35 AM
Just keep it to yourself, keep you firearm secured in your vehicle legally, and go about your business.  Simple solution.........
The law is on your side.
Go inside and say something, you're likely going to draw "unnecessary" pain and suffering upon yourself, even being legal. 
Title: Re: Guns in a parking lot
Post by: LutherRev on October 06, 2009, 10:11:26 PM
It's the Papillion YMCA. I wouldn't be surprised however if the same type of sign is posted at all the YMCA's in the Omaha Metro area.
I will probably speak to the Manager about the sign. I don't imagine that it will do much good. Short of legal action what can be done?
At least I will have spoken my mind.
Title: Re: Guns in a parking lot
Post by: huskergun on October 06, 2009, 10:17:33 PM
I went by the YMCA on south 132nd just south of Center and they did not have anything posted.
Print off what FarmerRick posted and take it with you.
Good luck
Title: Re: Guns in a parking lot
Post by: flatwater_go on October 08, 2009, 10:44:24 AM
Is there a legal definition or standard at which point a disassembled gun no longer constitutes being a weapon?

Title: Re: Guns in a parking lot
Post by: WallPhone on October 09, 2009, 06:54:30 PM
Is there a legal definition or standard at which point a disassembled gun no longer constitutes being a weapon?

Yah... I believe you have to cut a 1/4" gap through the reciever at the trigger guard.
Title: Re: Guns in a parking lot
Post by: LutherRev on October 09, 2009, 08:29:06 PM
I printed off the state statute that FarmerRick quoted and took it to the Papillion YMCA. I spoke with the Executive Director.  I made the mistake of going in after school had dismissed. She had four children around her when I was trying to tell her that the sign was incorrect. She was very nice about listening to me. She even thanked me for bringing it to her attention but I don't think anything will be done to correct it. She said that it had come from the Greater Omaha YMCA organization and that she was instructed to post it. She said that she would pass on my concern but it was clearly not a high priority for her at the time.
Title: Re: Guns in a parking lot
Post by: huskergun on October 09, 2009, 11:26:32 PM
I printed off the state statute that FarmerRick quoted and took it to the Papillion YMCA. I spoke with the Executive Director.  I made the mistake of going in after school had dismissed. She had four children around her when I was trying to tell her that the sign was incorrect. She was very nice about listening to me. She even thanked me for bringing it to her attention but I don't think anything will be done to correct it. She said that it had come from the Greater Omaha YMCA organization and that she was instructed to post it. She said that she would pass on my concern but it was clearly not a high priority for her at the time.

At least you brought it up rather than doing nothing. I'd give it a week and return to ask her what ever became of it and keep on it until you get the answers you want. If you have to go above her head and ask her boses about it.

Keep on them.
Title: Re: Guns in a parking lot
Post by: Roper on October 10, 2009, 08:52:26 PM
LutherRev
I commend you for bringing it up since they are going counter to the new law.  Not always an easy conversation, but you have made the effort to let them know.  Nice job.
Title: Re: Guns in a parking lot
Post by: Chris Z on October 11, 2009, 02:30:35 PM
That actually isn't a new law....... The original ccw law in Nebraska said you could keep the firearm in your vehicle at "posted places". The new law specifically addressed the conflict with schools/universities.