2377ORDINANCE NO. 2377
COUNCIL MEMBER ANDERSEN INTRODUCED THE FOLLOWING ORDINANCE:
AN ORDINANCE AMENDING CHAPTER 6, ARTICLE 3 OF THE MUNICIPAL CODE OF
THE CITY OF BLAIR, NEBRASKA, BY REPEALING SECTIONS 6-315 AND 6-316
REGARDING POSSESSION AND TRANSPORTATION OF FIREARMS AND HAND GUNS
IN THEIR ENTIRETY AND REPLACING THOSE SECTIONS WITH NEW RESTRICTIONS
ON OPEN CARRY; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; PROVIDING WHEN THIS ORDINANCE SHALL BE IN FULL
FORCE AND EFFECT AND PROVIDING FOR PUBLICATION OF THIS ORDINANCE IN
PAMHLET FORM.
WHEREAS, Nebraska Revised Statutes §§16-246, 16-247, AND 16-404 authorizes the
City Council or its agent to amend a city ordinance; and
WHEREAS, the City Council has determined that the Blair Municipal Code Section 6-315,
as Amended by Ordinance 2100 on January 23, 2007 and the Blair Municipal Code Section 6-316,
as Amended by Ordinance 2100 on January 23, 2007, shall hereby be repealed in their entirety.
WHEREAS, the City Council has determined that there exists a need to restrict persons
from openly carrying a weapon on public property within the City of Blair and hereby finds that
the Blair Municipal Code Section 6-315 and Blair Municipal Code Section 6-316 shall be
amended.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR OF THE CITY COUNCIL
OF THE CITY OF BLAIR, NEBRASKA AS FOLLOWS:
SECTION 1. The City of Blair Municipal Code, Chapter 6 Police Regulations, Article 3,
Section 6-315 and Section 6-316 shall be repealed in their entirety and replaced with the following:
See. 6-315 MISDEMEANORS; FIREARMS, POSSESSION, TRANSPORTATION, WHEN
ALLOWED. It is hereby unlawful for any person, except an authorized law enforcement officer,
or a private security guard who is registered with the Chief of Police, purposely or knowingly, to
openly carry or openly transport in any conveyance or in any other manner whatsoever, or to
possess any rifle, shot gun, air gun, air rifle, pellet gun, or `B -B" gun at any building owned by
the City of Blair, land owned by the City of Blair, or in any City Park, including the municipal
pool and Youth Sports Complex. This section is not violated if, prior to exiting the vehicle, the
firearm is locked inside a trunk, a locked compartment of vehicle, or a storage box which is locked
and attached to a vehicle. This exception does not apply to any parking area used by such location
in which the carrying of a firearm is prohibited by federal law. Furthermore, this section is not
violated if the person meets the exceptions contained in Section 6-317 of the Blair City Code. This
section shall not apply to a peimitholder authorized to carry a concealed weapon, so long as
Nebraska statutes allows for the carrying of a concealed weapon at the location as defined by Neb.
Rev. Stat. §69-2441 and that the permitholder complies with the provisions of Neb. Rev. Stat. §69-
2441. It shall be an affirmative defense to this section that at the time he or she was carrying the
firearm, there existed circumstances at that time in which such person was placed at the time were
such as to justify a prudent person in carrying the firearm for the defense of his or her person,
property, or family. (Amended by Ordinance 2377 03/12/2019)
Sec. 6-316 MISDEMEANORS; HAND GUNS, POSSESSION, TRANSPORTATION,
WHEN ALLOWED. It is hereby unlawful for any person, except an authorized law enforcement
officer, or a private security guard who is registered with the Chief of Police, purposely or
knowingly, to openly carry or openly transport in any conveyance or in any other manner
whatsoever, or to possess any handgun at any building owned by the City of Blair, on any land
owned by the City of Blair, or in any City Park, including the municipal pool and Youth Sports
Complex. This section is not violated if, prior to exiting the vehicle, the handgun is locked inside
a glove box, locked inside the trunk, a locked compartment of vehicle, a storage box which is
locked and attached to a vehicle, or if the vehicle is a motorcycle, other than an autocycle, the
handgun is locked inside of the hardened compartment securely attached to the motorcycle. This
exception does not apply to any parking area used by such location in which the carrying of a
handgun is prohibited by federal law. Furthermore, this section is not violated if the person meets
the exceptions contained in Section 6-317 of the Blair City Code. This section shall not apply to a
permitholder authorized to carry a concealed weapon, so long as Nebraska statutes allows for the
carrying of a concealed weapon at the location as defined by Neb. Rev. Stat. §69-2441 and that
the permitholder complies with the provisions of Neb. Rev. Stat. §69-2441. It shall be an
affirmative defense to this section that at the time he or she was carrying the handgun, there existed
circumstances at that time in which such person was placed at the time were such as to justify a
prudent person in carrying the handgun for the defense of his or her person, property, or family.
(Amended by Ordinance 2377 03/12/2019)
SECTION 2. That all ordinances or parts of ordinances in conflict herewith are hereby
repealed.
SECTION 3. This ordinance shall be in full force and effect from and after its passage,
approval, and publication as provided by law.
PASSED AND APPROVED ON THE 26TH DAY OF MARCH, 2019.
CITY OF BLAIR, NEBRASKA
BY: --� —>-)IL
RICHARD HANSEN, MAYOR
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ATTEST:
BRENDA WHEELER, CITY CLERK
(SEAL)
STATE OF NEBRASKA )
) ss:
WASHINGTON COUNTY )
BRENDA WHEELER, hereby certifies that she is the duly appointed, qualified and acting City
Clerk of the City of Blair, Nebraska, and that the above and foregoing Ordinance was passed and
adopted at a regular meeting of the Mayor and City Council of said City, held on the 26th day of
March, 2019.
BRENDA WHEELER, CITY CLERK
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