The Down Range Forum
Member Section => Politics & RKBA => Topic started by: ericire12 on January 15, 2009, 02:18:24 PM
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http://www.nebraska.tv/Global/story.asp?S=9675574
Nebraska cities that ban concealed weapons have no right to do so, according to Attorney General Jon Bruning.
His opinion issued Wednesday flies in the face of what many communities believed.
Hastings Police Chief Larry Thoren said, "It's imperative local communities make decisions locally."
These communities thought there was no problem enacting their own gun bans.
State Senator Mark Christensen asked for the attorney general's opinion. He said he did it to protect gun rights for those driving across the state, who pass through a town with a ban like Kearney.
Christensen said, "Somebody drove down the interstate, in the city of Kearney they got caught, they'd prosecute on the interstate. That's how much authority they thought they had and I thought that was going too far."
City leaders are taken aback. But Bruning's opinion is just that; It doesn't change anything, but a judge could.
Christensen said, "I think some cities will say 'I'm going to snub my nose at that opinion and I'm going to make somebody challenge this in court.'"
If it doesn't end up in court, lawmakers will likely take another look at it, after talking with cities.
Christensen said, "If someone wants city exemptions, they'll bring a bill or something to change it so there are exemptions."
Bruning said, "I think the law here is clear. I want to work this out with the League of Municipalities and do it the best way we can for everyone."
Cities like Hastings are taken aback, believing the law allowed them to enact their own bans.
Terry Copple of Hastings testified in support of the law originally. He said this is good news for gun owners who want to protect themselves.
Reporter's Notes by Steve White:
Christensen said the opinion should help law-abiding citizens who carry concealed weapons with a permit. Bruning said, "It hasn't brought about Armageddon, it won't and in my opinion it really only affects those who are law abiding. Bad guys aren't asking permission to conceal their guns. Who we're talking about are people who care enough to go register and abide by the law in the first place."
Hastings City Administrator Joe Patterson said the city's law was on the books before the state law. He said the issues will likely be "decided by someone wearing a robe."
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Hastings City Administrator Joe Patterson said the city's law was on the books before the state law. He said the issues will likely be "decided by someone wearing a robe."
That definitely makes things more difficult. I'm not sure if any state "preemption" would apply. It also depends what the law for the territory was before statehood.
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I believe that ,as federal law has precedent over state law, so does state law supersede a local ordnance
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My state has got this on lock down..... loony liberals need not bother!
SECTION 23-31-510. Prohibition against regulation of certain matters.
No governing body of any county, municipality, or other political subdivision in this State may enact or promulgate any regulation or ordinance which regulates or attempts to regulate the transfer, ownership, possession, carrying, or transportation of firearms, ammunition, components of firearms, or any combination of these things.
I also like this:
SECTION 23-31-520. Power to regulate public use of firearms; confiscation of firearms or ammunition.
This article denies any county, municipality, or political subdivision the power to confiscate a firearm or ammunition unless incident to an arrest.
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As a native Nebraskan, this rocks, hopefully it will make some of these uniformed politicians sit down and think, the Lincoln Journal Star also quoted the Beatrice, Nebraska police chief who is against gun owner rights, the same police chief who recently had information come to light that helped send six innocent people to prison for almost twenty years on a murder conviction with coeireced testimony.
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to be sure though the problem lies in when the particular statute was enacted. Is the law "grandfathered" law, or is there such a thing in this instance. As was stated the law was in effect before the statehood. so does it still stand or does the states preemption clause has precedence?
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All I know is that when I am finished with Law School I am going to pursue a lawsuit against states that prohibit concealed carry permits under Article IV under the full faith and credit clause. I dont' know how, but I will figure it so that the Supreme Court of the United States has to listen. ;)
Just like my drivers license
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All I know is that when I am finished with Law School I am going to pursue a lawsuit against states that prohibit concealed carry permits under Article IV under the full faith and credit clause. I dont' know how, but I will figure it so that the Supreme Court of the United States has to listen. ;)
Just like my drivers license
and you will lose.
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and you will lose.
Glad Heller didnt think like you, TAB
The problem is that you have to challenge concealed carry laws and try to win in each and every state. It is 100% a state issue. The US supreme court prob would refuse to hear the case and it would have to be determined at the state level supreme courts.
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and you will lose.
Not if worded properly. Custer probably thought the same thing about the indians when he came for a fight. I think it could be done, many people thought slavery could not be overturned...
I am not equating the two, I am saying that a tough fight can still be won in a courtroom if properly worded.
After all Plessy v. Furgeson was the SCOTUS precedence to deny Brown v. Board of Education.
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If , the 10th Amendment states, All powers not specifically granted the Govt are specifically denied them, then the fed's would have the reverse responsibility of assuring that all rights specifically granted to the individual are retained by them. Heller ruled that the 2nd was an individual right so the Govt. is would be responsible for ensuring that states do not infringe it.
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for once the cookies are crumbling in our favor, the mayor of my county seat, Beatrice, Nebraska announced through the Beatrice Daily Sun yesterday that the conceal carry ban was uninforceable, and while they had no plans currently to repeal it, they probably won't prosecute any one. I don't like the probably part but this is a big win for CCW carry as the Beatrice Police Chief is one of the most anti gun police chiefs you will ever find, they didn't have a comment from him in the paper, probably haven't gotten him off the ceiling yet...
http://www.beatricedailysun.com/articles/2009/01/21/news/local/doc4975ebed1aefa836644746.txt
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If , the 10th Amendment states, All powers not specifically granted the Govt are specifically denied them, then the fed's would have the reverse responsibility of assuring that all rights specifically granted to the individual are retained by them. Heller ruled that the 2nd was an individual right so the Govt. is would be responsible for ensuring that states do not infringe it.
it also said that restrictions were aloud as long as you were able to own then...
Something else to think about... many things that have "full faith and credit" have federal laws saying you don't have to honor then. Gays being married is the big one as of late. Federal law states that other states do not have to honor them. Granted its just a matter of time before that gets shot down.
Something else to think about. I have CLs in 4 states. OR is the easyest and cheapest one to get the lic in, AZ was by far the hardest and most expensive. I'd drop every thing but the OR lic the same day. If it works for CCW, why not CLs? Why not for the bar? Biz lic?... etc and etc...
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it also said that restrictions were aloud as long as you were able to own then...
Something else to think about... many things that have "full faith and credit" have federal laws saying you don't have to honor then. Gays being married is the big one as of late. Federal law states that other states do not have to honor them. Granted its just a matter of time before that gets shot down.
Something else to think about. I have CLs in 4 states. OR is the easyest and cheapest one to get the lic in, AZ was by far the hardest and most expensive. I'd drop every thing but the OR lic the same day. If it works for CCW, why not CLs? Why not for the bar? Biz lic?... etc and etc...
That's not in any Constitution of the United States that I ever read.
As to the rest of your post , not one of those things is a specified Constitutional Right.
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Full faith and credit isn't either...
Lets face it the 10th amendment has taken more of a beating then any other part of the US cons.
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Bills were introduced this week in the state legislature.
1) Specifically prohibits cities from banning CCW.
2) The other appears to slip into state law a blessing for cities to ban CCW.
The full details, and the bills themselves, can be found a joemerchant24.blogspot.com or in Michaels Round-Up at Joe's Crabby Shack.
(Wymore, are you a member of the Nebraska Firearms Owner's Association? It's free. Check out nefirearm.com)
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Joe Merchant, I am now.... ;D
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for once the cookies are crumbling in our favor, the mayor of my county seat, Beatrice, Nebraska announced through the Beatrice Daily Sun yesterday that the conceal carry ban was uninforceable, and while they had no plans currently to repeal it, they probably won't prosecute any one. I don't like the probably part but this is a big win for CCW carry as the Beatrice Police Chief is one of the most anti gun police chiefs you will ever find, they didn't have a comment from him in the paper, probably haven't gotten him off the ceiling yet...
http://www.beatricedailysun.com/articles/2009/01/21/news/local/doc4975ebed1aefa836644746.txt
Being from Evanston (handgun ban), just down the street from Morton Grove (1st handgun ban) in Illinois, all I can advise you is to demand they repeal it. You do not need a sword of Damocles hanging over your head when you carry. They can bankrupt you, confiscate your firearms, then let the matter ride, then drop the case after 2 years - and you have no money or guns, or record. Don't give them the chance - make them repeal it! Hold them up for public ridicule in letters to the editors, pressure your council critter - get it repealed. It is unconstitutional.
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Being from Evanston (handgun ban), just down the street from Morton Grove (1st handgun ban) in Illinois, all I can advise you is to demand they repeal it. You do not need a sword of Damocles hanging over your head when you carry. They can bankrupt you, confiscate your firearms, then let the matter ride, then drop the case after 2 years - and you have no money or guns, or record. Don't give them the chance - make them repeal it! Hold them up for public ridicule in letters to the editors, pressure your council critter - get it repealed. It is unconstitutional.
NO SHRUG POLICY !
Full faith and credit isn't either...
Lets face it the 10th amendment has taken more of a beating then any other part of the US cons.
Ain't THAT the truth. :(