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Author Topic: Omaha City Council ALERT! (CCW Related)  (Read 4895 times)

Offline Rich B

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Re: Omaha City Council ALERT! (CCW Related)
« Reply #20 on: November 10, 2009, 08:21:16 PM »
So it'd be a felony to carry a pocket knife?  Yikes.
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Offline JimP

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Re: Omaha City Council ALERT! (CCW Related)
« Reply #21 on: November 10, 2009, 08:34:28 PM »
So it'd be a felony to carry a pocket knife?  Yikes.

Depends upon who you are: the prosecuting attourney could try his luck on you and your pocket knife, and or decline to charge someone who is connected or related to someone who is connected....... and you thought Chicago Politics was only a Chicago Thing.
The Right to Keep and BEAR Arms is enshrined explicitly in both our State and Federal Constitutions, yet most of us are afraid to actually excercise that Right, for very good reason: there is a good chance of being arrested........ and  THAT is a damned shame.  III.

Offline Chris Z

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Re: Omaha City Council ALERT! (CCW Related)
« Reply #22 on: November 10, 2009, 09:02:24 PM »
Only if your pocket knife has a blade of 3.5" or greater

Offline fathertime

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Re: Omaha City Council ALERT! (CCW Related)
« Reply #23 on: November 12, 2009, 04:45:32 PM »
There is an interesting annotation to the 28-1202. Carrying concealed weapon; penalty; affirmative defense.

When a person is charged with violation of this section, the State need not prove that a revolver or gun is operable in order to establish that it is a "firearm". The test is whether evidence of possession of a revolver or gun of prohibited description, which is in apparently good condition and has the characteristics and appearance commonly understood to be those of the firearm it purports to be, is prima facie evidence sufficient to go to the trier of fact in a prosecution for carrying a concealed weapon. In re Interest of Cory P., 7 Neb. App. 397, 584 N.W.2d 820 (1998).

So as stupid as this sounds, but kids do stupid things. A kid who carries some form of a replica gun to look 'cool', could be charged with a concealed carry and it is up to the prosector wether or not it is a felony or a misdemeanor?

Offline Jay

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Re: Omaha City Council ALERT! (CCW Related)
« Reply #24 on: November 12, 2009, 04:51:43 PM »
Or, make sure it does not get out of committee...or even introduced.


+1

Offline Rich B

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Re: Omaha City Council ALERT! (CCW Related)
« Reply #25 on: November 13, 2009, 09:03:15 AM »
Only if your pocket knife has a blade of 3.5" or greater

This is where things get hairy.  Knives of all shapes and sizes are for sale.  What happens when a hunter straps on a 6" or 8" knife, puts a coat on, and gets pulled over for 6 over the limit?  Or if he stops for a cup of coffee, his coat flaps open and a cop sees the previously concealed knife?

Just like the concealed weapons laws of the past that were aimed at disarming minorities and immigrants, enforcement of the proposed Omaha/state law can and will spread to law-abiding citizens.
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Offline wrenrj1

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Re: Omaha City Council ALERT! (CCW Related)
« Reply #26 on: November 15, 2009, 01:08:19 PM »
I don't necessarily have a problem with this at face value.  If does make someone think twice about carrying illegally then it's probably a good thing.  We, in general complain about enforcement and making the punishment fit the crime, why not a felony?  I have more of an issue of the legality of Omaha's registration of hand guns and CCW than the current issue at hand.

Offline DanClrk51

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Re: Omaha City Council ALERT! (CCW Related)
« Reply #27 on: November 25, 2009, 02:49:42 AM »
Making the carrying of a concealed weapon a felony on first offense should NEVER become law. Carrying a weapon alone hurts no one therefore there is no justification here for a felony. This proposal is outrageous and a direct attack on our 2nd Amendment rights. If we make this a felony this law will get in the way of any future attempts to remove the requirement to have a permit in order to carry concealed as it is in the States of Vermont and Alaska. Making it a felony for carrying concealed on first offense is a big mistake. A felony should only apply to violent crimes and this is not such. Felonies ruin peoples lives and should only be charged in cases of extreme criminality.

Offline 00BUCK

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Re: Omaha City Council ALERT! (CCW Related)
« Reply #28 on: December 01, 2009, 02:21:38 AM »
Making the carrying of a concealed weapon a felony on first offense should NEVER become law. Carrying a weapon alone hurts no one therefore there is no justification here for a felony. This proposal is outrageous and a direct attack on our 2nd Amendment rights. If we make this a felony this law will get in the way of any future attempts to remove the requirement to have a permit in order to carry concealed as it is in the States of Vermont and Alaska. Making it a felony for carrying concealed on first offense is a big mistake. A felony should only apply to violent crimes and this is not such. Felonies ruin peoples lives and should only be charged in cases of extreme criminality.
Making the carrying of a concealed weapon a felony on first offense should NEVER become law. Carrying a weapon alone hurts no one therefore there is no justification here for a felony. This proposal is outrageous and a direct attack on our 2nd Amendment rights. If we make this a felony this law will get in the way of any future attempts to remove the requirement to have a permit in order to carry concealed as it is in the States of Vermont and Alaska. Making it a felony for carrying concealed on first offense is a big mistake. A felony should only apply to violent crimes and this is not such. Felonies ruin peoples lives and should only be charged in cases of extreme criminality.

Alaska now has a concealed carry permit. Although a permit is not needed IN Alaska, residents can obtain one so that they can carry in other states.

Offline JimP

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Re: Omaha City Council ALERT! (CCW Related)
« Reply #29 on: December 01, 2009, 09:54:35 AM »

 A felony should only apply to violent crimes and this is not such.

I Agree................... but if you are not looking to get hired to a decent job, and don't care to legally own a firearm, just what exactly is the downside of having a felony?  Felons can vote in this state, and can get the same welfare check as the next guy....

I have said it before and I will say it again:

There ain't enough distance between a pat on the back and a kick in the pants these days.

The Right to Keep and BEAR Arms is enshrined explicitly in both our State and Federal Constitutions, yet most of us are afraid to actually excercise that Right, for very good reason: there is a good chance of being arrested........ and  THAT is a damned shame.  III.