General Categories > Laws and Legislation
Can Neb. get a gun law passed like Georgia did?
Gunscribe:
--- Quote from: jFade on July 05, 2014, 11:44:01 PM ---it seems that the very few challenges to Nebraska's constitutional amendment for the right to bear arms were brought by criminals attempting to circumvent the law rather than actually challenge it....one case was a felon in possesion....another was a sawed off shotgun....& i believe there was a third im forgetting right now.
--- End quote ---
Correct, I addressed some of those cases in my dissertation.
Interestingly enough I read an opinion by Jon Bruening a number of years ago (memory faded as to which one) where in the text of which it appeared that he was quoting from some of my writings. As I recall he made several points that were worded suspiciously like what I had written. It was a pro-gun opinion by the way.
I have discussed this at length with both Alan's on a number of occasions. The big problem is finding a clean plaintiff. There is also the issue of importance. It is very important to us yes, but in their opinion, (and probably rightfully so) there are more important and more quickly winnable cases. SAF and The NFOA just won a Nebraska case in Federal court so they are not ignoring Nebraska.
Remember a Federal case won in another state benefits Nebraska when the same case or similar comes up.
jFader:
yes, i believe your article was where i got most of the details on the court cases where they attempted to invoke the Neb. Constitution....Sometimes i read so much my brain starts to mash it all together!
i have a question that im not clear on.....what group or who was responsible for getting initiative 403 on the ballot & passed?? It sure seems like it would have taken a heck of an effort to get it on the ballot to begin with, then was there much advertising support for it OR did the voters just have more common sense back on 11-8-88??
As far as the Attorney General is concerned.....doesn't he have the power to tell Omaha for example that their law is in violation of a state law? I was thinking that he had done that with the OPD still wanting CHP holders to register their weapons???
As always I appreciate your responses & time invested..... I only ask a lot of ?s so that i can truly learn & hopefully make a difference in the fight for our rights!!!
Gunscribe:
The process: create the wording for an amendment incorporate into a petition and gather enough signatures to get it on the ballot.
I was not in Nebraska at that time. Some of the individuals that I remember talking to about it were Larry Ball, Gene Tyson and the Original (??) owner of the in-door shooting range off of 48th (behind the bread store) in Lincoln. His name might have been Kevin (??) There was also a woman, but I do not remember her name.
I don't believe there was an official group or club that spearheaded it. I was given the impression that it was done by a number of like minded people that felt strongly enough to get out and get the signatures. Kind of like the early years of the NFOA and getting CCW passed.
Gunscribe:
Attorney General opinions are guidance and due not hold the weight of the law. They are only his or her opinion on what the court is likely to decide if the issue goes before the bench..
No one is bound by an opinion and other governmental organizations can and do tell the AG to pound sand.
jFader:
Cool...thanks for the info....
In my online research I found a article discussing the NRAs involvement in Nebraska. Apparently the NRA contributed $22,733 relating to initiative 403.
http://www.nadc.nebraska.gov/AdvisoryOpinions/OPINION%20138.htm
Interesting article detailing some of the activities of the NRA in Nebraska in the late 80s & 90s....
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