Author Topic: State Parks / Rec areas (Read 6885 times)

TwoSocks90 · « **on:** February 20, 2012, 11:19:24 AM »

I can't find anything about concealed carry in state parks such as Mahoney, Branched Oak, etc., I only find regulations concerning hunting with firearms. Maybe I'm not using the search engine correctly. Is cc forbidden in those places?

bullit · « **Reply #1 on:** February 20, 2012, 01:00:08 PM »

OnTheFly · « **Reply #2 on:** February 20, 2012, 01:10:09 PM »

Here is the Nebraska statute and I don't see anything about state parks. Unless someone else knows of any additional applicable law?

Quote

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.

(b) A financial institution may authorize its security personnel to carry concealed handguns in the financial institution while on duty so long as each member of the security personnel, as authorized, is in compliance with the Concealed Handgun Permit Act and possesses a permit to carry a concealed handgun issued pursuant to the act.

(c) A place of worship may authorize its security personnel to carry concealed handguns on its property so long as each member of the security personnel, as authorized, is in compliance with the Concealed Handgun Permit Act and possesses a permit to carry a concealed handgun issued pursuant to the act and written notice is given to the congregation and, if the property is leased, the carrying of concealed handguns on the property does not violate the terms of any real property lease agreement between the place of worship and the lessor.

(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.

(4) An employer may prohibit employees or other persons who are permitholders from carrying concealed handguns in vehicles owned by the employer.

(5) A permitholder shall not carry a concealed handgun while he or she is consuming alcohol or while the permitholder has remaining in his or her blood, urine, or breath any previously consumed alcohol or any controlled substance as defined in section 28-401. A permitholder does not violate this subsection if the controlled substance in his or her blood, urine, or breath was lawfully obtained and was taken in therapeutically prescribed amounts.

Fly

bullit · « **Reply #3 on:** February 20, 2012, 01:27:14 PM »

As a CHP instructor, +1 for Fly's reply (I'm a poet now). In short, unless there is a sign posted like in a business, you are good to go IF YOU HAVE A PERMIT.

Husker_Fan · « **Reply #4 on:** February 20, 2012, 02:01:57 PM »

I don't know that a state agency has the authority to post their premises. However, if you are hunting in archery season, I don't believe you can carry on public or private land.

Rob B · « **Reply #5 on:** February 20, 2012, 05:52:32 PM »

You can not carry while bowhunting. G&P reg about being in possession of a firearm. OK any other hunting I do believe.

NE Bull · « **Reply #6 on:** February 20, 2012, 07:15:24 PM »

I have been checked by G&P while fishing, as since they are LEO I declared my CCW. They just said OK, and that was it. so... must be OK. I hope so, I never go fishing/ camping without.

bk09 · « **Reply #7 on:** February 20, 2012, 07:15:51 PM »

So you're saying if I am out bowhunting and there is another season going, ie rabbit, squirrel, I can't pull out a gun and go for it with that? That sounds kinda fishy, heck I have gone rabbit hunting during the late antlerless rifle season and kept my .308 slung on my back while carrying my shotgun looking for rabbits. Just made sure to wear hunter orange and I was perfectly legal. I could have just as easily decided to bring my bow and slung the shotgun over my back (if I could put a sling on my O/U

) to go after rabbit/squirrel/deer. I would like to see the regulations saying if you are bowhunting that you cannot carry a firearm. To simply stop bowhunting I could hang my bow in a tree and switch to a small rifle or shotgun and say I would rather shoot squirrels since I was bored of waiting on a deer, no need to even wear hunter orange for that.

Rob B · « **Reply #8 on:** February 20, 2012, 08:04:06 PM »

Game and Parks reg,001.01b5

it is illegal to be in possession of any firearm while hunting under an archery permit.Also it is illegal to be in possession of a breeh loading firearm under a muzzleloader permit(this I was not aware of)

Rob B · « **Reply #9 on:** February 20, 2012, 08:06:10 PM »

Sorry forgot

http://www.sos.ne.gov/rules-and-regs/regsearch/Rules/Game_and_Parks_Commission/Title-163/Chapter-4.pdf

lefty · « **Reply #10 on:** February 20, 2012, 08:18:51 PM »

This is the only mention of firearm restrictions that I could find in The Big Game Guide
published by The Nebraska Game and Parks Commission.

On page 33

FIREARM RESTRICTIONS
During the November firearm deer season, only hunters with a valid unfilled deer
permit may hunt wildlife other than deer with centerfire rifles or centerfire handguns,
provided they are hunting in the deer management unit for which their deer permit is
valid.

Just stirring the pot a bit! :-)

bk09 · « **Reply #11 on:** February 20, 2012, 09:25:24 PM »

Quote from: lefty on February 20, 2012, 08:18:51 PM

This is the only mention of firearm restrictions that I could find in The Big Game Guide
published by The Nebraska Game and Parks Commission.

On page 33

FIREARM RESTRICTIONS
During the November firearm deer season, only hunters with a valid unfilled deer
permit may hunt wildlife other than deer with centerfire rifles or centerfire handguns,
provided they are hunting in the deer management unit for which their deer permit is
valid.

Just stirring the pot a bit! :-)

I have always gone off the guides on the game and parks websites and don't recall seeing that I can't have a gun if bowhunting. If they don't put it in any of the guides then I hope it is a law that isn't usually enforced. Bet states with blackbears have different laws. Cuz I sure as heck wouldn't go hunting in Colorado mountains without a bear stopper. Plus what am I going to do if I encounter a poacher who gets grumpy if I confront him, kinda hard to draw a bow while being shot at

. If I have permits to hunt whatever comes my way I shouldn't be disallowed because I am carrying a bow, now only if I was good enough with it to hit squirrels... Tried it once but skimmed his tail at about 20 yards and luckily my hunting buddy found my arrow, broadheads are expensive.

Rob B · « **Reply #12 on:** February 21, 2012, 06:44:30 AM »

Well We teach it in Bowhunter Ed, and I posted the reg for you. I think it is so people won't shoot a deer with a gun and try to stick an arrow in the hole.

lefty · « **Reply #13 on:** February 21, 2012, 07:18:37 AM »

Where's the reg? :-)

Husker_Fan · « **Reply #14 on:** February 21, 2012, 07:52:43 AM »

Rob posted the link. It's at the bottom of page 5 and onto page 6 of the PDF.

Quote

It shall be unlawful:... 001.01B5 to hunt antelope or deer, under
authority of an archery permit while in possession of, or having under control, any firearm, or to hunt antelope or deer under authority of a muzzleloader permit while in possession of, or having under control, any breech-loading firearm, except that this shall not prohibit carrying a firearm within the
enclosed portion of a vehicle.

The Guides are just guides. The rules are the rules.

Husker_Fan · « **Reply #15 on:** February 21, 2012, 08:48:57 AM »

One other thing to keep in mind: if a warden decides to bust you for having a concealed handgun while archery hunting, you could get fined. You could also be on the hook for carrying a concealed handgun as if you didn't have a CHP. The CHP statute has the catchall for places otherwise prohibited by state or federal law. That means if you carry in violation of the G&P regs, you may be illegally carrying concealed. If convicted, you loose your CHP for at least 10 years.

bk09 · « **Reply #16 on:** February 21, 2012, 10:22:06 AM »

I still just flat out disagree with this law. If the animal is close enough to handgun range then it is in bow range, unless you carry a hunting revolver. And if you don't process it yourself there is no way the processor won't realize it was shot with a gun and can turn you in. If a person is gonna poach then they are going to poach. The ONLY argument I can see with this is if the person has a bad shot and just paralyzes the deer and the person wants to put it out of its misery by putting a bullet in its head, and in my opinion that is being an ethical hunter by dispatching an animal as fast as possible. I may just write G&P to see all their reasoning behind this.

sparky · « **Reply #17 on:** February 21, 2012, 10:28:23 AM »

Quote from: bradkoll on February 21, 2012, 10:22:06 AM

I still just flat out disagree with this law. If the animal is close enough to handgun range then it is in bow range, unless you carry a hunting revolver. And if you don't process it yourself there is no way the processor won't realize it was shot with a gun and can turn you in. If a person is gonna poach then they are going to poach. The ONLY argument I can see with this is if the person has a bad shot and just paralyzes the deer and the person wants to put it out of its misery by putting a bullet in its head, and in my opinion that is being an ethical hunter by dispatching an animal as fast as possible. I may just write G&P to see all their reasoning behind this.

I am very interested in this, if you figure out who to contact let me know if you would, I think that there should be an exception in this for permit holders.

bk09 · « **Reply #18 on:** February 21, 2012, 02:43:26 PM »

I'm gonna get my poop in a group before I try and send any emails or make any calls. I want someone elses thoughts on carrying during firearm season but still hunting with a bow. I would be hunting with a bow but say the gun I am carrying happens to be a 10mm long barrel glock that has the minimum foot/pound requirement and magazine capacity for taking deer(magazine would have a "permanent" plug). Is this restricted if I have a statewide whitetail buck permit that allows bowhunting/centerfire/muzzleloader? Because both seasons are open at the same time does this create an exception? This sounds like a poorly thought out law and needed revisions when they started allowing bowhunters to hunt during november firearm.

Rob B · « **Reply #19 on:** February 21, 2012, 06:14:04 PM »

I would say you would be legal because the permit you are holding allows that weapon.