U.S.A. –-(AmmoLand.com)- On April 17th, 2021, at about noon, there was a shooting at the Westroads Mall in Omaha, Nebraska. One person was killed, another was wounded. A police officer had been shot at in the Mall a month earlier.
The Westroads Mall is reported to be a gun-free zone. When the shooting happened on April 17th, 2021, Scott Tafoya was carrying his pistol with a Nebraska permit. He drew the pistol to protect himself and others, knowing there might be legal consequences.
“Every indication said our lives were in danger and I was going to do everything in my power to make sure we got out of there OK,” Tafoya said.
He’s a legal conceal carry permit holder, even though Westroads Mall is a weapon-free zone.
“I knew that if I ever pulled that out it would truly be a life and death situation and I would deal with the consequences later,” he said.
As Von Maur employees shuttled shoppers into a bathroom, he stood guard.
“I said I have a permit, I’m legal,” he said.
He said he stood near the escalators to draw any threat away from where his family was.
“Everyone else on the third floor just got added into that because the best way to keep my family safe was to make sure nobody with ill intentions came up that escalator.”
When the police came to investigate the shooting and provide security, he unloaded his pistol placed it in his holster with the slide locked back, and approached the police with his hands up. The police told him to leave, and have not charged him with any offense, yet.
In 2007, a mass murderer killed seven people and himself on 5 December, using a stolen Century WASR-10 (AKM clone) rifle.
Nebraska had become the 48th state to allow for legal concealed carry, in January of 2007. There were probably very few permits issued in the first year. The permit fee was $100, and two sets of fingerprints had to be taken by the Nebraska State Patrol. The application for a Nebraska permit requires photographs.
About 4.6% of Nebraska adults have a permit to carry as of 2020.
To be charged with illegally carrying at the mall, the Nebraska legislature requires a prominent notice be posted, or a request be made in person to remove the handgun from the premises. From nebraskalegislature.gov:
(2) If a person, persons, entity, or entities in control of the property or an employer in control of the property prohibits a permitholder from carrying a concealed handgun into or onto the place or premises and such place or premises are open to the public, a permitholder does not violate this section unless the person, persons, entity, or entities in control of the property or employer in control of the property has posted conspicuous notice that carrying a concealed handgun is prohibited in or on the place or premises or has made a request, directly or through an authorized representative or management personnel, that the permitholder remove the concealed handgun from the place or premises.
In the various images of entrances to the Westroads mall in Omaha, this correspondent did not notice any prominent signs prohibiting concealed firearms.
About Dean Weingarten:
Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering and retired from the Department of Defense after a 30-year career in Army Research, Development, Testing, and Evaluation.
In Oklahoma “no guns allowed” signs (with the exception of a few statute-specific locations such as courthouses) do not carry ‘weight of law.’ A property owner/representative who finds a gun owner to be carrying (openly or concealed) in a ‘posted’ location may decide to ask the carrier to leave. If asked, the carrier must do so, or the property owner/manager may decide to call police, who may decide to press misdemeanor trespassing charges. But – unless other illegal behavior (such as brandishing) occurred – that incident would not involve any firearms-related or felony charges. This system has worked well, with… Read more »
Most every mall I’ve ever been to put the no guns warning along with about 20 other “rules” low on the glass of the sliding door that slides out of view. Not my definition of “prominent”
Westroads used to be a nice mall, once upon a time. I don’t think you could pay me enough to go there now.
Many states mandate a prescribed form of signage to be placed in specified positions relative to public entrance doors, much like the blue/white “wheelchair” cartoons designating Handicapped Parking. MUST be per the prescribed pattern, else they have no force. Oregon and Washington, and I believe Texas, all have such requirements. We who have our Mother May I Cards and carry everywhere watch for the prescrived signage form and placement, and if they did not to it “according to Hoyle” we know their “stated wishes” are unenforcible. The Clackamas Towne Centre Mall shooting of a few years ago is a case… Read more »
A better way for the mall would be to post “No unlicensed firearms allowed”as found in many TX establishments
Properties that are posted “gun free zones” are usually driven to the decision by their insurance companies. The twisted reasoning is as follows: If there is a shooting on the property the shooter will likely have no assets so the victims will try to go after the property owner and its insurance. Even though allowing firearms reduces the likelihood of a mass shooting, neither the property owner nor the insurance company gets any financial benefit from the lack of a shooting. But, if there is a shooting and someone goes after the property and its insurance for damages, it is… Read more »
It is nice to see the mall doubling down on their gun free policy.
By having a weapon stiffing down on the property.
Duh.