NFOA MEMBERS FORUM
General Categories => Carry Issues => Topic started by: bk09 on July 14, 2012, 09:00:39 AM
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I was in Omaha yesterday touring some duplexes and my favorite place was Westwood apartments on 114th and Center (westwood apartments also owns some duplexes nearby). On the way in the parking lot I saw that there was no concealed carry allowed on the premises or in buildings. Can they do this? Thankfully this would only affect me when I would go to drop off a rent check since the duplex is in a neighborhood and not in their parking lot. I thought schools were the only ones that could ban it in the parking lots? And also would this be possible to disallow in the buildings (minus the main office) if you live there?
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I would think technically it would be private property and therefore subject to the discretion of the owner/managing company. Don't quote me though, i'm just speculating.
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Might be some section 8 housing in that complex. Not sure if that "Government Assistance Program" would have any influence on your freedoms. Might be worth a check.
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If it's private property, and it's clearly Posted, then that's all there is to it: No Legal Concealed Carry.
When you are on somebody else's property, you have to play by their rules. You should really read your lease agreement carfully before renting, as they may stipulate "No Weapons" in the fine print.
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I was in Omaha yesterday touring some duplexes and my favorite place was Westwood apartments on 114th and Center (westwood apartments also owns some duplexes nearby). On the way in the parking lot I saw that there was no concealed carry allowed on the premises or in buildings. Can they do this? Thankfully this would only affect me when I would go to drop off a rent check since the duplex is in a neighborhood and not in their parking lot. I thought schools were the only ones that could ban it in the parking lots? And also would this be possible to disallow in the buildings (minus the main office) if you live there?
I should have said this:
If the parking lot is posted as private property, and you are an employee, they can restrict your rights there. Schools (at least in Lincoln) don't post their parking lots as private property, so even though you can't carry there, you can legally have your sidearm in your vehicle (stored properly, of course)... unless you are an employee of the school, as it is in the handbook that even possession of any part of a firearm in your vehicle is grounds for termination.
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Aren't you protected by federal law if it is locked and stored in the trunk? Not on a long term basis I know, but if you had to stop by and pay your bill on the way to the range and park for a moment.
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If the parking lot is posted as private property, they can restrict your rights there. Schools (at least in Lincoln) don't post their parking lots as private property, so even though you can't carry there, you can legally have your sidearm in your vehicle (stored properly, of course).
Is this true for parking on campus as well? Many of my days this fall will include at the least a stop on campus and it would be a shame if I had to rid myself of protection for the whole day just because I go on campus.
And to be really specific so as not to get myself in trouble and raise all sorts of hell. Assuming I'm driving to or through campus, may I keep my gun holstered on campus roads or parking lots, then proceed to lock it up properly after parking? Or would it be necessary for me to lock it up prior to driving on campus?
It seems silly that you would have to avoid driving down 16th street for example if you have no intention of stopping and are only carrying illegally for those 30 seconds your car passes through campus.
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You can't cc on your person at a posted property. However, the way I understood it was that if cc is prohibited and a sign is posted you can leave your secured firearm concealed in your vehicle if the parking lot is open to the public and you are a cc permit holder. A property (parking lot) can be a private property, while still being "open to the public". 69-2441 states "parking area, which is open to the public, used by any location listed in subdivision (1)(a) of this section". It doesn't say that is has to be public property but just "open to the public". In which case a lot of businesses and most business parking lots that deal with customers/services are open to the public, even if it is posted private property. If they found out you had I firearm in your vehicle concealed and secured and didn't like it you still wouldn't be in violation of the law. The most they could do would be to tell you to leave. I wouldn't advise saying "hey I got a gun in my car which is on your property." As long as you leave the firearm secured and concealed in your vehicle your fine.
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Is this true for parking on campus as well? Many of my days this fall will include at the least a stop on campus and it would be a shame if I had to rid myself of protection for the whole day just because I go on campus.
And to be really specific so as not to get myself in trouble and raise all sorts of hell. Assuming I'm driving to or through campus, may I keep my gun holstered on campus roads or parking lots, then proceed to lock it up properly after parking? Or would it be necessary for me to lock it up prior to driving on campus?
It seems silly that you would have to avoid driving down 16th street for example if you have no intention of stopping and are only carrying illegally for those 30 seconds your car passes through campus.
I was thinking as an employee of the school, and changed my original post to reflect that. You are correct, you are not restricted in your final scenario. You would have to secure your sidearm before exiting the vehicle, and technically it has to be locked... so just tucked in the glove box or console isn't technically enough, unless one of those has a lock on it.