Apartment complex No CC signs
This is a discussion on Apartment complex No CC signs within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I live in Omaha, Nebraska, and I have a friend who lives in an apartment complex that has signs posted prohibiting CC. These signs are ...
December 2nd, 2009 07:09 PM
Apartment complex No CC signs
I live in Omaha, Nebraska, and I have a friend who lives in an apartment complex that has signs posted prohibiting CC. These signs are placed on the street leading in to the series of apartment buildings, not on or in the buildings, but on the public street.
I understand (and disagree) with a business having the right to post these signs but can an apartment complex legally restrict our right to CC on their premises?
Can I CC in my friend's apartment? Do I have to disarm when on these premises?
I just don't understand how an apartment complex can legally prohibit a state sanctioned action.
I am not looking to fight the property management company over this, but if anyone here has some legal insight to the situtation, please let me know.
December 2nd, 2009 07:18 PM
I would consult an attorney in your state. Here is the list of places off-limits when carrying in Nebraska...very confusing. (see bold print)
Hopefully someone with experience from Nebraska may chime in, but the laws as printed are not clear.
Places off-limits when carrying:
1. Police, sheriff, or Nebraska State Patrol station or office;
2. Detention facility, prison, or jail;
3. Courtroom or building containing a courtroom;
4. Polling place during a bona fide election;
5. Meeting of the governing body of a county, public school district, municipality, or other political subdivision;
6. Meeting of the Legislature or a committee of the Legislature;
7. Financial institutions as defined by Nebraska Revised Statutes § 8-101(12);
8. Professional, semi-professional, or collegiate athletic event;
9. School, school grounds, school-owned vehicle, or schoolsponsored activity or athletic event;
10. Place of worship;
11. Emergency room or trauma center;
12. Political rally or fundraiser;
13. Establishment having a liquor license which derives over onehalf of its income from the sale of alcoholic liquor;
14. Any place where the carrying or possession of a firearm is prohibited by state or federal law;
15. 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; or
16. Any other place or premises where handguns are prohibited by law or rule or regulation.
A financial institution, notwithstanding Section 018.01G above, may authorize its security personnel to carry a concealed handgun while on duty so long as the security personnel have a concealed handgun permit and are in compliance with the law.
A 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.
State law does not mandate a specific requirement for a sign other than that it be conspicuously posted, the Nebraska State Patrol strongly suggests that a standardized format be utilized. The standardized form should contain a four (4) inch circle with a slash covering a handgun and text giving notice that carrying a concealed handgun anywhere on the premises is prohibited. A form will be available on the Nebraska State Patrol website which can be downloaded for printing. The Nebraska State Patrol also strongly recommends that a place or premises wishing to prohibit concealed handguns post the sign at normal eye level at each public entrance to the place or premises. Normal eye level is considered to be between 54” and 66” from the floor.
A permit holder may carry a concealed handgun into or onto any posted place or premises in a vehicle so long as the handgun is not removed from the vehicle while in or on the posted place or premises. This provision applies only to posted premises and does not allow a permit holder to carry a 15 concealed handgun in a vehicle into any other place or premises where handguns are prohibited. Employers may prohibit employees or other persons who are permit holders from carrying concealed handguns in vehicles owned by the employer.
While state law does not mandate, the Nebraska State Patrol strongly recommends any establishment having a liquor license which derives over one-half of its income from the sale of alcoholic liquor post the premises with the standardized sign as patrons will have difficulty in determining which establishments with liquor licenses exceed the income limit.
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December 2nd, 2009 08:09 PM
After reading that why would anyone even waste their time getting a permit in Nebraska?
December 2nd, 2009 08:42 PM
I hadn't realized that there were complexes that were posted in Omaha; in Lincoln there seem to be several, along with all kinds of places I never thought I would see posted. The anti-gun sentiment seems to run strong in eastern Nebraska.
The law does not require uniform signage of any kind, and going to an off-limits place, whether as defined in the law or a posted place, is a misdemeanor, and you can (probably will) be subject to permit revocation on the first offense. In Nebraska that will make you unable to get a new permit for the next 10 years. All because you may have walked by a 1" by 2" no gun sign. (Which I have seen.) It's also hard to tell which establishments fall into the bar category, because there are no requirements to notify ccw holders.
I can't speak for others, but I know I would open carry instead, since the law doesn't restrict that, but I don't feel like being harrassed by the police and being cited for disorderly conduct and/or disturbing the peace (which Lincoln is great at doing), for it.
Maybe I'll be able to move to Missouri soon, so I don't have to worry about microscopic signs that cause criminal offenses.
At the time being though, as flawed as the ccw law is, I'm glad we at least have one.
December 2nd, 2009 09:25 PM
-SIG , it's What's for Dinner-
know your rights!
"If I walk in the woods, I feel much more comfortable carrying a gun. What if you meet a bear in the woods that's going to attack you? You shoot it."
December 2nd, 2009 09:27 PM
Not a Lawyer!
Still, I don't see how they can prohibit CC at your place of residence.
The views expressed above are the opinion of the poster and may or may not be total bunk.
Viewer discretion is advised.
December 2nd, 2009 09:49 PM
There is actually another place missing from the no carry list. It's also a criminal offense to carry at Hospitals.
Here are some of the amendments to the original ccw bill:
My personal favorite:
Don't we have some fun legislators here in Nebraska?
December 2nd, 2009 10:11 PM
I heard Ohio recently made it impossible for apartment complexes from banning residents from having weapons, I never understood how they could do it
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December 3rd, 2009 12:09 AM
Originally Posted by Ryan45cal
I'm in MO and I'm finding that we have some of the best CCW laws out there. I'm transplanted from Arkansas and when I went down there for the Turkey day Break I did my research, as I'm suppose to do being the law abiding CHP Carrying citizen I am, and found one of the STUPIDEST laws on the books, I suppose.
"(2) Provided, no sign shall be required for private homes, and any licensee entering a private home shall
notify the occupants that he is carrying a concealed handgun."
So, I'm suppose to tell everyone in the place that I'm visiting, "hey, bud, I'm a CHP Holder and I'm packing"
Stupid. I'm loving Missouri.
Come join us!
A lack of preparation on your part does not and will not constitute an emergency on mine.
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CHP carrier since Oct. 15, 2009
December 3rd, 2009 07:11 AM
It seems to be a fine legal line. It's your home (where you have full legal rights to go armed), but it's their property (where they have full legal rights to restrict weapons.
I'd contact the Asst. D.A. and ask for a clarification.
December 3rd, 2009 12:01 PM
The problem I see with this is that while your friend's apartment is probably legally his premises and not the complexes as long as he is the lessee, the rest of the property is not and it subject to the control of the apartment complex, including their posted signs.
It seems that you are legal to CC in the car on the property, and in your friend's apartment, provided he hasn't posted it, but the sign probably has the force of law during your walk from your car to his apartment.
Of course, if Nebraska is an open carry state, you could always OC on the walk from the car to his place, then go back to concealed once you get inside.
None of this is legal advice, just my opinion based on what I read of Nebraska law.
"The Engine could still smile...it seemed to scare them" -Felix
December 3rd, 2009 12:07 PM
Probably, however...many states have said the public areas of a private property, like a school, apartment or store parking lot, are deemed just that - public, and CC is permitted.
but the sign probably has the force of law during your walk from your car to his apartment.
However, I haven't noticed anyone here proclaiming themselves a Nebraska attorney, and Internet legal advice is definitely worth what it cost ya.
CONSULT AN ATTORNEY!
December 3rd, 2009 12:35 PM
Originally Posted by Landric
I guess I would just drive my car right up to his front door sideways so I could step from the car into his apartment. Of course this might make the apartment complex owners a little upset about the damage to the lawn, or worse if he is in an upstairs apartment!
December 3rd, 2009 01:00 PM
Knowing what I think I know of the community in question OCing is not a great idea. This is the community that produce Ernie Chambers (member of the Nebraska unicamiral(sp?)) and other radicals of the times that leaded left; so assuming that the climate has not changed in that community in the 20 plus years since I lived in the state and spent time in the city and saying that this is one of the communities that was the reason Nebraska's CC law is the mess it is in; I would follow the law to the letter and when in doubt err to the side of do not do it!!
Originally Posted by Landric
December 3rd, 2009 07:17 PM
I wouldn't even consider OC in Omaha. That is just asking for a problem.
Concealed means conealed.
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