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Anyone find it Unconstitutional we have to get fingerprinted 2 get a CCP?

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barmandr:

JTH:

--- Quote from: newfalguy101 on August 16, 2014, 11:29:35 AM ---I don't have to be fingerprinted to open carry a handgun, nor openly carry longguns...

--- End quote ---

Agreeing with Fly here---the "bear" part of the 2nd Amendment doesn't limit what type of carry.  And your listed infringement does.

Here's another way of putting it:  You have the right to free speech.  However, are you okay with the government telling you that you can say it verbally however you like, but you can't actually write it down to convey the message?  Without a permit, of course?

Why not?  After all, you can still tell your message.  You just can't do it in a written form without having a background check to make sure you are the right kind of person, allowed to put things in writing so that others might read it even if you aren't around.

You are saying: that we can carry---we just can't do it with concealment?  As long as you let us "bear" in some fashion, that's good enough, right?  We should probably just go the California route, with guns only carried openly, without one in the chamber, and without a magazine inserted.  That's still allowing us to "bear" them, right?

On a similar note, I think that words can hurt (we tell this to our children, right?) and that online bullying is getting worse and worse lately (which is true) so since we don't want that kind of assault occurring, we should just ban people's ability to speak their mind on the internet.  They can still say whatever they like, but they can't do it in a written form---it must be verbally.

That's okay, right?  You can still have free speech a-plenty.



Oh wait, no.

2nd amendment says "bear".  It doesn't say "bear only in a set of circumscribed situations in a particular manner after having paid for the privilege and jumping through multiple hoops as set by a government that is supposed to be specifically restrained by this amendment."

I really wouldn't argue that concealed carry permits aren't an infringement, unless you are all right with your choice of speech or religion requiring permits either.  Or any of the other rights you are supposed to have.

Randy:
+1 and well stated jthhapkido .

Gary:

--- Quote from: Dan W on August 15, 2014, 07:08:21 PM ---Truth is, anyone can carry concealed under statue 28-1202 and then if caught and charged, defend themselves in court using 28-1202 and the Nebraska constitution as an affirmative defense.

I (and many others in NFOA )did so for years prior to the Concealed Handgun Act being passed.

Of course that offers no help if you want to leave Nebraska and travel with a CCW in another state, so many of us made a choice.

What really needs to happen is a test case, where an otherwise totally law abiding citizen, violating no other law than the concealed carry of a handgun, is arrested, charged and convicted, and then push that case to the Nebraska Supreme Court on appeals for a definitive ruling that creates precedence.

Most people choose instead to give up essential liberty to gain a little security, save on legal fees and get the bonus of legal CCW in other states.

Morally it is not the way I want to go, but realistically, it is the best situation I can obtain with my limited resources, so I submit my prints and pay my fee and move on.

I am not quite the true patriot we all strive to be, but there is a line I will not be pushed past right there at my feet.

--- End quote ---

That is one of the better explanations of the CHP dilemma in Nebraska I have come across, and it mirrors my experience with the law from the time I moved here in 1983 from Iowa with a CCW permit. 

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