Question about a specific statute in NE...

This is a discussion on Question about a specific statute in NE... within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Ok so I am mainly looking for what would be considered proper notice for an employee regarding CCW and non-CCW. Please read below and give ...

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Thread: Question about a specific statute in NE...

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    Member Array Weedy's Avatar
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    Question about a specific statute in NE...

    Ok so I am mainly looking for what would be considered proper notice for an employee regarding CCW and non-CCW. Please read below and give me opinions, thanks!

    (Posted from NEBRASKA STATE PATROL)

    002.14 “Posted conspicuous notice” shall mean a clearly visible sign posted at each
    public entrance to a place or premises open to the public which shall clearly
    state that concealed weapons 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.

    And do these below contradict each other regarding prohibited locations?

    018 PROHIBITED PLACES AND PREMISES

    018.01O Any place or premises or employer owned vehicle where those
    in control of the place, premises or vehicle have prohibited
    permit holders from carrying concealed handguns

    018.03A person, entity, or employer in control of a place or premises described in
    Section 018.01O above, which is open to the public, may prohibit permit
    holders from carrying concealed handguns in the place or premises by posting
    a conspicuous notice that carrying a concealed handgun is prohibited in or on
    the place or premises or by making a request, directly or through an
    authorized representative or management personnel, that the permit holder
    remove the concealed handgun from the place or premises.

    I work in a location that is clearly open to the public, and we have no "conspicuous notice" posted anywhere. Your thoughts would be greatly appreciated, thanks!

    PS - Yes I know that legal council is best, which I am going to have although I wanted some opinions here first.

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    Distinguished Member Array kazzaerexys's Avatar
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    Okay, so your point is that your place of employment is open to the public and has no posting. Got that, and it is a good point. If you have employee only areas (break room, lockers, office space, whatever), though, that would seem to fall under 018.010 which has no "conspicuous" requirement, and would be covered by, say, a printed or spoken no-weapons policy.

    My guess is that 018.010 is intended to cover employees but 018.03A is supposed to cover customers/the public.

    And, of course, IANAL.
    “What is a moderate interpretation of [the Constitution]? Halfway between what it says and [...] what you want it to say?” —Justice Antonin Scalia

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    Sounds to me that if your employer has a no firearms policy than you can not legally carry. If it's posted no carry than no one can legally carry on property. These sign posting laws make CC so difficult. Need to be a lawyer to read through all that garbage and actually understand it all. Why I love living in Wyoming. I'm going to Nebraska tomorrow and always hate going there because they honor no other CCL's. Can open carry but is it worth the hassel that is sure to come with it?
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    Member Array Weedy's Avatar
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    Ok so after a little more thought to this, it appears that if I did carry I would be within state law since there is no notice posted, although I would be violating company policy. Does that seem more correct?

    Also the way I read it is that if a company does have a policy against CCW that it has to be posted period, right? I am thinking that since 018.03A references that stipulation in 018.01O?

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    Distinguished Member Array kazzaerexys's Avatar
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    Again my point was that, regardless of whether your interpretation of 018.03A is correct, you would be legally prohibited from carrying in any employee only areas by 018.010 by any no-guns company policy.

    If there are no non-public areas whatsoever where you work, then you might have a leg to stand on with 018.03A, which explicitly does require conspicuous posting.
    “What is a moderate interpretation of [the Constitution]? Halfway between what it says and [...] what you want it to say?” —Justice Antonin Scalia

    SIG: P220R SS Elite SAO, P220R SAO, P220R Carry, P226R Navy, P226, P239/.40S&W, P2022/.40S&W; GSR 5", P6.

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    Senior Member Array hudsonvalley's Avatar
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    What the h*ll is wrong with a sign that say......ILLEGAL WEAPONS?
    They are just in a feel good state of mind if they think a criminal will turn around and put his/her stolen gun in the car..idiots.
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    Hi Weedy . Nice to have another Husker carrying. Yes you are right, our laws are in need of some serious tweaking. But, at least we can carry now, it's better than before.


    Z
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    Member Array Weedy's Avatar
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    Quote Originally Posted by SleepingZ View Post
    Hi Weedy . Nice to have another Husker carrying. Yes you are right, our laws are in need of some serious tweaking. But, at least we can carry now, it's better than before.


    Z
    Agreed, the law here is still young and hopefully some things will be revised etc. I am just a little disappointed about my employer situation since there are times when I am the only person there early in the morning, and late at night after dark. My only hope in the event of a bad encounter would be that the BG was not armed, and the one man security force close by MIGHT catch a glimpse of what was going down.

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    Quote Originally Posted by Weedy View Post
    Ok so after a little more thought to this, it appears that if I did carry I would be within state law since there is no notice posted, although I would be violating company policy. Does that seem more correct?
    You haven't specifically mentioned that yet. Does your employer have a clear "no guns" policy?

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    Member Array Weedy's Avatar
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    Quote Originally Posted by Rev9mm View Post
    You haven't specifically mentioned that yet. Does your employer have a clear "no guns" policy?

    They do have it written, although I can assure you that I had to dig for it for almost an hour before I could find it in writing. That is also very irritating since that is one of those things that should be clearly visible, or better yet "conspicuously posted" for employees.

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    After moving from "Ernie Chamberville" 25 years ago, I must say I'm surprised Nebraska passed a CCW law at all. Funny how two cities can mandate the whole state. I still say give Omaha to Iowa.
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    Member Array Rev9mm's Avatar
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    Quote Originally Posted by Weedy View Post
    Ok so after a little more thought to this, it appears that if I did carry I would be within state law since there is no notice posted, although I would be violating company policy. Does that seem more correct?

    Also the way I read it is that if a company does have a policy against CCW that it has to be posted period, right? I am thinking that since 018.03A references that stipulation in 018.01O?
    With your additional info regarding your employer's "no guns" policy, I'd say "No."


    018.010 tells you that it is not legal to carry in a place where "those in control" (meaning, we assume, the business) has forbidden guns. Pretty straightforward: "no guns" policy, no guns allowed.

    018.003 (or whatever the exact number was) simply tells you that a business can--and should--inform the public of their "no guns" policy with a sign.

    The former prohibits carrying where a business has ruled against it. The latter is merely the method by which the public is to be informed.

    You're not the public. You're an employee. So carrying not only violates (and thus jeapordizes!) your job, it also violates state law.

    Sorry, I can't see a loophole.

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