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Can Neb. get a gun law passed like Georgia did?
jFader:
gunscribe....i enjoy reading your articles on nebraska laws! there isnt much out there on the web for someone trying to understand the previous laws & culture at the time...
in your opinion, what would have to happen for our lawmakers to accept the wording of 403 & the nebraska constituion as the law of the land?
i realize that no matter what they are going to have some restrictions upheld in court....but it seems to me that ALL of the Additional restrictions & ordinances that are enforced in Omaha & Lincoln clearly violate the nebraska constitution!
am i too optimistic to imagine that we are "a court case" away from constitutional carry in nebraska?
in theory.....a law abiding citizen is ticketed for carrying concealed without permit OR not having registered a handgun in the city limits of Omaha....then say they lose their case in Douglas County Court & appeal the decision & it makes it to the Neb Supreme Court & they win!
Could a favorable decision/review be enough to bring us from a state with mediocre gun laws to a top tier gun rights state with constitutional carry??
Or am i just dayDreaming?
SS_N_NE:
I also struggle with how Constitution (State in this case) is ignored by powers.
Gunscribe:
A couple of things J,
When an IM or legislative bill is voted or signed into law the true meaning is not know until case law is established. (What ever a judge or jury decides)
It may be a recently enacted law and the intent of the sponsor's well documented in the media and a judge with an anti opinion will rule the actual law passed means something else.
The limited case law available does support the convention, by the creators of IM #403, that Nebraska is a Constitutional Carry State, in that neither the state nor its political subdivisions may exercise police power over a power they have not been given.
Further until IM #403 there had been no power granted by the people to regulate firearm and with IM #403 the people denied the state the power to regulate firearms.
Omaha never had, even under Home Rule Authority, to enact their open carry permit scheme.
Lincoln never had, even under home Rule Authority, to enact their handgun registration scheme.
That did not stop Brad Ashford from pushing the Pistol Purchase Permit two years later.
The arrogance against the will of the people is phenomenal and they will continue to violate their oath of office until voted out or slapped down by the state supreme court.
Sadly the solution to forcing those in service to We the People is money, having a person that has been cited for an offence and a judge that is mindful of his responsibilities to the people he/she serves.
The other alternative is to vote into office those who understand that they serve the will of the people and not the other way around.
So in answer to your question, yes, if it is pushed it will take money and ultimately be decided by the supreme court.
jFader:
https://dspace.creighton.edu/xmlui/bitstream/handle/10504/39819/28_23CreightonLRev489%281989-1990%29.pdf?sequence=1
i just got done reading through this....it provided a lot of insight on initiative 403, the Nebraska constitution, the Nebraska Supreme Court rulings, & other states Constitutions & Court Cases...
Its a worthwhile read if any of the above interest you.
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.
a very interesting point in this law school review of initiative 403 was when it talked about the Nebraska Attorney General endorsing legislation to enact a 7 day waiting period to purchase firearms....he noted that it would hold up to a state constitutional challenge BUT he thought that initiative 403 should be repealed to uphold the new law....WOW....they dont mention the attorney general by name but based on the date of this article, i am assuming it was Robert M. Spire, a republican who served from 85-91...
Another interesting take from the article was the unwillingness of the Neb Supreme Court to look at other states decisions while making their own.....which i would think would favor gun rights if all they have to look at is the text of the Nebraska Constitution!
SOMEONE GET ALAN GOTTLIEB & ALAN GURA ON THE PHONE ASAP!!! we just need a willing/qualified participant whose rights have been infringed & we got ourselves a winnable case!
Gunscribe:
SS, basically because they are seldom or never challenged. Arrogance is power. I wrote a paper years ago on some of the then current and proposed ordinances on the books in Lincoln.
I presented it to several of the sitting city council members. They in turn asked then city attorney Dana Roper for an opinion. To my knowledge he never offered an opinion. (What does that tell you.)
The council voted to enact the proposed ordinances anyway knowing that it was unlikely that anyone with money would ever challenge them.
The absolute best thing we can do is elect those candidates that believe they answer to the people. Once they are sworn into office they constantly need to be reminded of their campaign promises and that if they don't they can be fired as easily as they were hired.
Yes, that means attending and speaking up at meetings, hearings and meet and greets. There are those in the NFOA that are willing to do that but they need the support of the membership. Even if you just show up to observe the powers that be will recognize that there are 10, 20, 50, 100 voting NFOA members in the room in support of the two or three that are willing to speak.
That is power.
They ignore their oath of office because most of the time there is no serious challenge to obey it.
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