Some businesses post signs banning handguns.

From:

Omaha World-Herald (Omaha, NE)

Date:

December 4, 2006

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.

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