Author Topic: Carrying at Oak View Mall in Omaha (Read 11090 times)

depserv · « **on:** February 22, 2017, 04:27:35 PM »

Doors leading into the mall at Oak View have signs on them saying law-abiding civilians are not allowed to bear arms inside. But today I walked into the mall through doors leading into Dillards, and I saw no signs on those doors. So a person unfamiliar with that place who goes in through those doors would not have any way of knowing that the premises are under the control of America-hating bigots.

So say a person goes in that way and assumes the mall is run by loyal Americans and it's ok to carry inside, and some fat clumsy liberal bigot stumbles into him and feels the gun he's carrying and throws a liberal tantrum and gets him busted. Would he be able to defend himself effectively by pointing out that no sign was present on the doors he came in through?

Mali · « **Reply #1 on:** February 22, 2017, 04:34:58 PM »

Quote

Nebraska Revised Statute 69-2441
69-2441.
Permitholder; locations; restrictions; posting of prohibition; consumption of alcohol; prohibited.
...

(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

Nothing that is conspicuous is on any door I go in and since I am generally only there for my wife to shop we have gone in the doors for the stores. I can honestly say I have never seen a sign at the mall, although I have heard there is one posted with rules that say no firearms.

depserv · « **Reply #2 on:** February 22, 2017, 04:56:34 PM »

I've seen them at the mall entrance

Mali · « **Reply #3 on:** February 23, 2017, 08:13:45 AM »

Entrance to the mall itself or one of the store entrances? I only enter through the stores and have never seen a sign posted anywhere on those doors.

depserv · « **Reply #4 on:** February 24, 2017, 12:10:48 AM »

The entrance to the mall itself, not through a store.

Mali · « **Reply #5 on:** February 24, 2017, 08:56:43 AM »

And there is your problem.

depserv · « **Reply #6 on:** February 24, 2017, 11:30:06 AM »

Well actually it's my question. If not all doors are posted, and a person comes in through a door that is not posted and gets caught being armed (which, admittedly, is unlikely, but still possible), would the door he came through not having been posted be a defense that would keep him from losing his right to bear arms?

RLMoeller · « **Reply #7 on:** February 24, 2017, 12:07:45 PM »

Quote from: depserv on February 24, 2017, 11:30:06 AM

Well actually it's my question. If not all doors are posted, and a person comes in through a door that is not posted and gets caught being armed (which, admittedly, is unlikely, but still possible), would the door he came through not having been posted be a defense that would keep him from losing his right to bear arms?

I believe it would be defensible. In a situation like that you would want to immediately take photos of the entrance you used. You could get lucky and have the prosecutor decide not to pursue charges or you could end up spending time and money going to court to fight it. IANAL

m morton · « **Reply #8 on:** February 24, 2017, 03:33:22 PM »

i would go and take pic's of the door as mentioned but would all so contact that stores security dept and ask for a time stamped copy of video proving you entered a un-posted door. or ask a lawyer to subpoena the video if the store will not supply it willingly

Phantom · « **Reply #9 on:** February 25, 2017, 03:58:15 PM »

The Question I have is "Are the doors entering into the mall are from the stores posted?"

It could be the Stores them selves will allow you to carry.

But the Mall Areas them self's do not.

So as long as you don't enter the Mall areas your fine.

belfarmer · « **Reply #10 on:** February 27, 2017, 08:16:03 AM »

My suspicion is that until depserv's question is adjudicated by a judge, then by the Nebraska Supreme Court on appeal, we won't have an answer. I don't think I can afford to volunteer.

Nebraska law just says that a sign must be conspicuously posted (018.04). It does not require postings at each door or even the type of sign. The Nebraska State Patrol (18.05) "strongly suggests standardized signage and placement but states it's recommendations are not part of state law.

For what it is worth, for my interpretation, one sign on a premises "could" be sufficient to get us busted, even with the size and scope of a mall.

Again, a judge would have to answer this to really know.

Dan W · « **Reply #11 on:** February 27, 2017, 12:34:03 PM »

Quote

It does not require postings at each door or even the type of sign

Read the legal definition of " conspicuous signage" in the CHPA rules and regulations

The Administrative Code Title 272 Chapter 21 definitions state:
002.013 "Posted Conspicuous Notice" shall mean a clearly visible sign at each public entrance to a place or premises that clearly state that concealed handguns are not allowed in the place or on the premises. A recommended format for the sign can be found in section 018.04 of these regulations.

cjsnow1711 · « **Reply #12 on:** February 28, 2017, 06:47:37 AM »

Quote from: Dan W on February 27, 2017, 12:34:03 PM

002.013 "Posted Conspicuous Notice" shall mean a clearly visible sign at each public entrance to a place or premises that clearly state that concealed handguns are not allowed in the place or on the premises. A recommended format for the sign can be found in section 018.04 of these regulations.

To me this would mean that a sign would need to be on each entrance to the mall for it to have the effect of law... interesting. I hope a judge would see it the same way.

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Atrus · « **Reply #13 on:** March 04, 2017, 11:21:42 PM »

I don't know about the Oak View Mall, but this is the code of conduct sign at Westroads. I've only seen it at the main entrances to the mall (just inside the doors). As far as I can tell people won't see it if they enter through a store entrance (I've looked when entering through J.C. Penney or The Container Store).