NFOA MEMBERS FORUM

General Categories => Laws and Legislation => Topic started by: stutzcattle on January 24, 2016, 11:45:30 AM

Title: Can a bar owner keep a firearm in their bar?
Post by: stutzcattle on January 24, 2016, 11:45:30 AM
I own a microbrewery/winery and I'm curious as to whether I can legally keep a firearm in my business. 
Title: Re: Can a bar owner keep a firearm in their bar?
Post by: SemperFiGuy on January 24, 2016, 05:53:06 PM
Yes.

But apparently not in concealed carry mode:


018 PROHIBITED PLACES AND PREMISES
018.01 A permit holder may carry a concealed handgun anywhere except:
018.01A Police, sheriff, or Nebraska State Patrol station or office;
 018.01B Detention facility, prison, or jail;
 018.01C Courtroom or building containing a courtroom;
 018.01D Polling place during a bona fide election;
018.01E Meeting of the governing body of a county, public school
district, municipality, or other political subdivision;
018.01F Meeting of the Legislature or a committee of the Legislature;
018.01G Financial institutions as defined by Nebraska Revised Statutes
§ 8-101(12);
018.01H Professional or semi-professional athletic event;
018.01I School building, school grounds, school-owned vehicle, or
school-sponsored activity or athletic event of any public,
14
private, denominational, or parochial elementary, vocational, or
secondary school, a private postsecondary career school as
defined in Nebraska Revised Statutes § 85-1603, a community
college, or a public or private college, junior college, or
university;
018.01J Place of worship;
 018.01K Hospital, emergency room, or trauma center;
 018.01L Political rally or fundraiser;
018.01M Establishment having a liquor license which derives over onehalf
of its income from the sale of alcoholic liquor;

=====================================================

Generally, the handgun can be carried openly, or

Left stored in a holster behind the bar, or

In a drawer or similar location,

But as I read the above prohibition,

Not concealed on your person.

Other Forum commentary is invited.


sfg
Title: Re: Can a bar owner keep a firearm in their bar?
Post by: RLMoeller on January 24, 2016, 06:00:29 PM
As the owner of the business would he be exempt from that restriction, same as in your own home?
Title: Re: Can a bar owner keep a firearm in their bar?
Post by: SemperFiGuy on January 24, 2016, 08:45:40 PM
Quote
As the owner of the business would he be exempt from that restriction, same as in your own home?

Y'know.........I'd like to think so, but haven't found any exemption so far in the Concealed Handgun Permit regulations.

Now....Nebraska law equates the home and the workplace under its "no duty to retreat in home or workplace" provisions of 28-1409 [4.b.(i)].   But from this point onward, I'd direct this important item regarding your specific circumstances to a lawyer who is knowledgeable in Nebraska firearms case law.

Sorry about the copout, but I don't want to step out beyond my fairly low skill level on this item.   Nor provide unqualified legal advice.

sfg
Title: Re: Can a bar owner keep a firearm in their bar?
Post by: HuskerXDM on January 24, 2016, 09:57:07 PM
I have a contact at State Patrol legal department... I'll ask and see if I can get a response on this.
Title: Re: Can a bar owner keep a firearm in their bar?
Post by: stutzcattle on January 26, 2016, 07:29:11 AM
I'm not necessarily interested in carrying it on my person, but that may be an option.  I'd like to have a couple guns accessible, one under the bar near the POS and another in the office. 
Title: Re: Can a bar owner keep a firearm in their bar?
Post by: bradhaas on January 26, 2016, 08:27:37 AM
Having staff open carry would be a fun social experiment.