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Author Topic: Declaration when not carrying  (Read 14403 times)

Offline sparky

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Re: Declaration when not carrying
« Reply #20 on: February 21, 2014, 11:00:55 AM »
Quote from: DaveB on February 21, 2014, 10:34:35 AM
Back to the gold star on the DL. I don't have one, but I renewed by mail without going in to the court house. I wonder if that may have something to do with it. Mine was issued 7/2012 so it may have not yet been implemented either.
I just went to the DMV about 6 months ago to renew since I moved and my license has no star on it.  Did I miss something, what is this star supposed to mean?

EDIT: Just went back and found the link.  Nevermind.
« Last Edit: February 21, 2014, 01:50:32 PM by sparky »
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Offline Dan W

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Re: Declaration when not carrying
« Reply #21 on: February 21, 2014, 01:32:25 PM »
Quote from: DaveB on February 21, 2014, 10:34:35 AM
Back to the gold star on the DL. I don't have one, but I renewed by mail without going in to the court house
Ditto
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Offline Mntnman

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Re: Declaration when not carrying
« Reply #22 on: February 21, 2014, 01:40:38 PM »
That license was issued in December. His wife just renewed and has one, also.
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Offline Mntnman

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Re: Declaration when not carrying
« Reply #23 on: February 21, 2014, 01:43:32 PM »
I get a new license in April. I already have to submit finger prints (hazmat), so i can assure you that I'll get a "star of David." It irks me that this is one of the states cooperating with the Feds.
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Offline unfy

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Re: Declaration when not carrying
« Reply #24 on: February 21, 2014, 07:04:56 PM »
Quote from: sidearm1 on February 21, 2014, 09:15:32 AM
unfy and others:  No knock warrants are not illegal, see state statute 29-411.  It reads in part: " if the judge or magistrate issuing a search warrant has inserted a direction therein that the officer executing it shall not be required to give such notice"

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.


Masked men in body armor and firearms constitutes an attack on my house.  They can show me the warrant first so that no one gets shot, thank you very much.

I know that no knock has been heard by the 9th Circuit, but the decision is something that is quite silly and dangerous IMHO.  Concerning this thread - where the intent of declaration while carrying is for 'officer safety', and what individual opinions might be of declaring while NOT carrying - plenty of folks (innocent civilians AND officers) have died during no knock raids. 

Concerning the 9th's opinion, see it: http://scholar.google.com/scholar_case?case=1925613501885957853&hl=en&as_sdt=6&as_vis=1&oi=scholarr


There was a recent case where the raid happened and THEN the warrant was issued after the fact. Isolated case, I know - but still :P.
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Offline farmerbob

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Re: Declaration when not carrying
« Reply #25 on: February 21, 2014, 09:48:44 PM »
What we need is a law that states that anyone in a position of authority that violates a citizen's constitutional rights can be sued, and they must pay for any and all legal fees and penalties out of their own pocket.  I believe Florida has a similar law.

This might be out there a bit, but has anyone seen the new Robocop movie?  I thought it pushed a pro-drone agenda used on civilians.  It was kind of unnerving.  I hope it never comes to something like that.

When protect and serve turns into intimidate and harass, it might be time for the people that pay their salary to reign in their authority.  I personally don't have any problems with law enforcement being issued just a badge and a whistle.  The authority must always be with the people. 
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Offline justsomeguy

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Re: Declaration when not carrying
« Reply #26 on: February 22, 2014, 09:22:52 AM »
Quote from: farmerbob on February 21, 2014, 09:48:44 PM
What we need is a law that states that anyone in a position of authority that violates a citizen's constitutional rights can be sued, and they must pay for any and all legal fees and penalties out of their own pocket.  I believe Florida has a similar law. 

The entire United States has that law. It's called a 1983 action.
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Offline farmerbob

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Re: Declaration when not carrying
« Reply #27 on: February 22, 2014, 12:29:46 PM »
Quote from: justsomeguy on February 22, 2014, 09:22:52 AM
The entire United States has that law. It's called a 1983 action.

Unless you fall into Obama's daydream of what his son might have looked like, this administration doesn't care about your rights. Especially your second amendment rights.

I think that is why we must act as a state, if the feds refuse to. 
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Offline justsomeguy

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Re: Declaration when not carrying
« Reply #28 on: February 22, 2014, 12:44:11 PM »
OK. I see.

"There oughta be a law! Oh.. There is? Well... There oughta be another law!"

Sorry, I don't see that as the solution.
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Offline farmerbob

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Re: Declaration when not carrying
« Reply #29 on: February 22, 2014, 01:17:28 PM »
I'm just going to walk away from this one. Sorry.
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Offline Dan W

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Re: Declaration when not carrying
« Reply #30 on: February 22, 2014, 03:27:40 PM »
Quote from: justsomeguy on February 22, 2014, 12:44:11 PM
OK. I see.

"There oughta be a law! Oh.. There is? Well... There oughta be another law!"

Sorry, I don't see that as the solution.

I gotta agree that more laws ain't the solution
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Dan W    NFOA Co Founder
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Offline farmerbob

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Re: Declaration when not carrying
« Reply #31 on: February 22, 2014, 04:16:25 PM »
I got to disagree. If the laws strengths my 2nd amendment rights I'm all for it.
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Offline unfy

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Re: Declaration when not carrying
« Reply #32 on: February 22, 2014, 08:18:40 PM »
Was hanging out at Moeller Arms today for a few min....

There was a conversation (unstarted by me) about someone's friend who had an encounter with an officer that was of the opinion that you have to declare even if not carrying.  Obviously the officer was wrong, but he did harass the poor guy (allegedly).

I dunno if this was a county deputy or city police officer.  Nor do I know where it occurred other than here in NE.

No, I'm not saying this strengthens my food for thought (note my initial post about the deputy that knows ya aint gotta if ya aint got it on ya).  It's just something else to throw on/at the fire :).

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Offline Dan W

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Re: Declaration when not carrying
« Reply #33 on: February 22, 2014, 08:18:45 PM »
What the Law giveth, the Law can taketh away.
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Dan W    NFOA Co Founder
Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom.   J. F. K.

Offline Mike M.

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Re: Declaration when not carrying
« Reply #34 on: February 23, 2014, 07:09:56 AM »
A few years back( before Iowa recognized our permit) I was in the scale house on I-80. The DOT officer just wanted to do a paperwork check. Everything checked out but he asked if we could go outside and do a quick safety check of the truck I was driving. Again everything checked out except a light being out. He stepped up on my side board and stated the only reason he came outside was that he noticed I had a ccw and, wanted to know if I was carrying? I wasn't because my company didn't allow it. He then gave me a ticket for the light.( fix it). I think had I declared the ccw I never would have had that safety check or ticket.
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Offline Mntnman

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Re: Declaration when not carrying
« Reply #35 on: February 23, 2014, 08:29:59 AM »
Mike, as I read your story, you got looked at further because of your vood guy card tied to your licence to drive. I see this as a great reason for it not to be that way. Most of us think that, I believe.
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Offline Mike M.

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Re: Declaration when not carrying
« Reply #36 on: February 23, 2014, 11:56:33 AM »
Quote from: Mntnman on February 23, 2014, 08:29:59 AM
Mike, as I read your story, you got looked at further because of your vood guy card tied to your licence to drive. I see this as a great reason for it not to be that way. Most of us think that, I believe.
I am with you on being tied to my DL. My point was that had I disclosed the cow he might not have gone out and done the safety check.
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Offline unfy

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Re: Declaration when not carrying
« Reply #37 on: February 23, 2014, 10:45:47 PM »
Quote from: Mntnman on February 23, 2014, 08:29:59 AM
Mike, as I read your story, you got looked at further because of your vood guy card tied to your licence to drive. I see this as a great reason for it not to be that way. Most of us think that, I believe.

I believe, not sure but I believe, there is SCOTUS case law that says something like 'open carry or ccw permit is not enough to justify further stuff'.  Kinda like how in some / many places, not wearing your seat belt isnt enough to get you pulled over as a 'primary' offense.


Just as a philosophical aside:

Concerning strengthening / weakening laws etc....

The USA has been around for over 200 years.  Nebraska has been a State for nearly 150 years.  Surly after all these years there is no need to pass NEW laws and that everything has been covered already ?
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hoppe's #9 is not the end all be all woman catching pheramone people make it out to be ... cause i smell of it 2 or 3 times a week but remain single  >:D

Offline abbafandr

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Re: Declaration when not carrying
« Reply #38 on: February 24, 2014, 05:29:37 AM »
Quote from: unfy on February 23, 2014, 10:45:47 PM
Just as a philosophical aside:

Concerning strengthening / weakening laws etc....

The USA has been around for over 200 years.  Nebraska has been a State for nearly 150 years.  Surly after all these years there is no need to pass NEW laws and that everything has been covered already ?

Sadly, doesn't stop our "representatives", who feel a need to do something,even if it's wrong. >:D

An old saying from ancient Greece, IIRC : 'More laws , less justice'. :(
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Offline Mntnman

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Re: Declaration when not carrying
« Reply #39 on: February 24, 2014, 10:10:42 AM »
Yes, SCOTUS says legal, open carry is not grounds to stop and question someone.
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