Concealed carry one school field trips

[Sinlessearth]

I'm going on a school field trip soon and it got me thinking some. In Nebraska one of the off limits places are school sponsored activities. You would think a school field trip would be included in this limit. But on the other side of the coin wouldn't this make many legal concealed carriers law breakers if they happen to be in the same area / facility that these children happen to visit. The carrier is unaware there is a field trip happening but now they are carrying illegally. Anyone ever deal with this or think about it at all?

 

[RonM0710]

I would say that if Nebraska says attending school sponsered events armed is illegal, I would not go on a school field trip.

 

[Neocold]

My understanding would be as follows:

1)If you are part of the field trip you can not carry.

2)If you are visiting a place and there is a school field trip taking place but you are not part of that field trip you may carry. So long as it is not on school property of course.

I am not a lawyer or otherwise. Do not take my understanding as legal advice. I am simply stating how I personally would understand it.

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[bofh]

Read Nebraska Revised Statute 69-2441 (1)(a) and don't guess what the law says:

(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.

The law doesn't say anything about actively participating or just happen to be there. It also doesn't say anything about being aware or being ignorant either. It doesn't say anything about intent. Where does that leave us? Like many gun laws, this one does make an otherwise law-abiding citizen an accidental felon. It is your duty to stay away from any such activity where you are not permitted to carry. Good luck!

 

[NavyLCDR]

If I am visiting a zoo, and a school field trip shows up, am I carrying at a sponsored activity of a school? No. I am visiting the zoo for which I paid for a ticket to visit, completely separate from the school sponsored event. It would be up to the state to prove that you were part of the school sponsored event.

 

[Neocold]

If I am visiting a zoo, and a school field trip shows up, am I carrying at a sponsored activity of a school? No. I am visiting the zoo for which I paid for a ticket to visit, completely separate from the school sponsored event. It would be up to the state to prove that you were part of the school sponsored event.

Thank you. This is what I meant by my number 2 above.

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[Sinlessearth]

And as you all can see the issue I brought up and wanted to see how you all see it. I did go after all but did leave my firearm in my vehicle while out, mainly because we went to the capital building (has court room) and went in a few buildings on the Nebraska university campus. Keep in mind the parking lots on the University were open to the public so as I interpret the law you can take it, but must leave it in your vehicle at a school. @bofh trust me I have read this a hundred times.

 

[bofh]

If I am visiting a zoo, and a school field trip shows up, am I carrying at a sponsored activity of a school? No. I am visiting the zoo for which I paid for a ticket to visit, completely separate from the school sponsored event. It would be up to the state to prove that you were part of the school sponsored event.

Thank you. This is what I meant by my number 2 above.

The law doesn't define what being "part of" means. It doesn't even define that you have to be "part of", whatever that actually means. The law is about the location the activity takes place, and not the people actively participating in the activity. Does that mean you can not be in the general vicinity? Does that mean you can not stand right next to a person that is actively participating in the activity? What is the size of that "gun free zone" around that activity? If that activity moves, so does the "gun free zone". What does that mean if the activity moves to a place where armed citizens are?

None of these questions are answered in the poorly written law. It is possible that the state AG may have published an opinion on this. It is also possible that the original intent of this law never had such activities in mind.