From:
Omaha
World-Herald (Omaha, NE)
Date:
Byline: Karen Sloan
Dec. 4--To post, or not to post.
That is the question many Nebraska business owners and employers are asking
about signs that ban concealed handguns.
The sign conundrum results from the state's new concealed handgun law, which
takes effect Jan. 1.The law allows permit holders to carry concealed handguns.
Under the law, concealed handguns are banned from some businesses, including
bars and financial institutions. But other businesses and employers can decide
on their own to ban concealed weapons from their property by posting a sign
announcing guns are not allowed.
It's unclear how many businesses will choose to post the signs, though the
signs are starting to show up at some businesses.
Some small-business owners say they probably won't ban handguns because the
signs could be unsightly and off-putting to customers. Additionally, some
owners said they don't anticipate concealed handguns being much of a problem.
It's unlikely that a gunfight will erupt among impatient patrons waiting in
line for ice cream, said Joe Pittack, who owns the Ted & Wally's stores in
the Old Market and Dundee.
"A gun sign in the window doesn't really sell fun," Pittack said,
noting that his business caters to families.
Marks Bistro co-owner Mark Pluhacek said his Dundee restaurant probably
won't post signs either. Asking diners to ditch their guns before dinner does
little for his restaurant's ambiance, he said.
"It's an awkward thing to put a 'no guns' sign on the door, because
we're an upscale restaurant," Pluhacek said. "I would prefer not to
have it."
Though permit holders won't be allowed to carry their concealed handguns
until next year, some businesses aren't waiting to make it known that firearms
aren't welcome.
In response to the law, the Bag 'N Save grocery at 7646 Dodge St. posted
signs at both public entrances several months ago, said store manager Jeff
Chmelka.
"Carrying a concealed handgun is prohibited on Bag 'N Save
property," the signs read. The signs stipulate that guns are banned from
both the store and the parking lot and that violators will be prosecuted.
The signs have been posted at all Bag 'N Save locations in the state,
Chmelka said.
No changes are needed at Westroads Mall or Oak View Mall, said Alie Hrabe,
marketing manager at Westroads. Both malls, which are owned by the same
company, already prohibit weapons and have signs at the entrances that say so,
she said.
The Greater Omaha Area Chamber of Commerce is providing its members with an
overview of the state law and is answering questions when businesses call, said
Pete Festersen, the chamber's vice president of public policy.
"It seems that a lot of businesses and institutions intend to ban
concealed weapons and post signs," Festersen said.
The Omaha chamber will be among them.
Signs didn't crop up all over Minnesota after that state's concealed carry
law passed in 2003, said Buzz Anderson, president of the Minnesota Retailers
Association.
Ultimately, most retail businesses decided against posting signs, partly
because store owners did not want to alienate customers who support the
concealed carry law, he said.
"You don't really see signs up in retail stores," Anderson said.
"It's mostly office buildings and public buildings that have posted
signs."
Nebraska's law prohibits concealed handguns in numerous public places: law
enforcement buildings, prisons and jails, courthouses, polling places during an
election, places where governing bodies meet, financial institutions, college
or professional athletic events, schools, places of worship, emergency rooms,
political rallies or fundraisers, and bars or restaurants that make more than
half their income from alcohol sales.
Those places are not required to post signs banning concealed handguns but
may do so if they choose, said Lt. John Shelton with the Nebraska State Patrol.
Posting a sign is an especially good idea at bars, since patrons might not know
which establishments fall under the ban.
"The simple answer is, if you're not sure about it, put up a sign. That
way you're covered," Shelton said.
If you take a concealed weapon into a business posting a no-weapons sign,
that's considered a violation of the law. If you bring that weapon into a
business that doesn't post a sign, you're only in violation of the law if
you're asked to remove the weapon from the business and you don't comply.
Those violations are a Class III misdemeanor, punishable by up to three
months in prison and a $500 fine. The person's concealed carry permit also may
be revoked, Shelton said.
The law is vague about what the signs should look like. It states that
businesses should post "conspicuous notice" of a handgun ban.
The State Patrol is estimating that 19,500 concealed handgun permits will be
issued next year. The prohibited areas will be covered in the training course
that permit holders are required to take.
Though all of its banks are prohibited areas, First National Bank probably
will still post signs, said Brenda Dooley, president of First National Bank's
buildings division. She said the signs will help avoid confusion at bank
locations where space is shared with other businesses.
Attorney Scott S. Moore, a partner with Omaha law firm Baird Holm, is
advising his business clients to post a sign if they want to ban handguns.
But he said he doesn't believe businesses will face any additional liability
if they choose not to post signs, even if an incident occurs involving a
handgun.
Copyright (c) 2006, Omaha World-Herald, Neb.
Distributed by McClatchy-Tribune Business
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