General Categories > Carry Issues
Court of Appeals ruling on concealed carry
GreyGeek:
https://www.nebraska.gov/apps-courts-epub/public/viewOpinion?docId=N00003117PUB
What interested me was the appellate judge's interpretation of the Nebraska concealed carry law:
--- Quote ---. Criminal Law: Weapons. The purpose of Neb. Rev. Stat. § 28-1202 (Cum. Supp. 2014), Nebraska’s concealed weapon statute, is to prevent the carrying of weapons because of the opportunity and temptation to use them which arise from concealment.
--- End quote ---
The "purpose" as he explains it contradicts the 2nd Amendment, which makes no distinction about "opportunity" or "temptation". Obviously 28-1202 fringes the blanket right granted by the 2A and thus is an unconstitutional infringement. It was common when I was young for people to casually carry pocket pistols on their person or keep one in their glove compartment, a life was a lot safer then than now.
Another story brought up a statistic about Obama being the best gun salesman ever. It quoted a statistic that during his eight years in office over 141,000,000 background checks had been made. The number of checks doesn't relate to the number of guns purchased during a single check, nor does it relate to weapons purchased by thugs illegally. The figures do suggest that the percentages of Americans owning firearms is well above the 30% claim by the media, and is increasing, not decreasing as the media claims. This figure probably doesn't include the explosion of gun purchases and concealed carry permits by Gays, who now clearly understand why No Gun signs are not affective in preventing abuses of firearms by thugs and mentally deranged individuals.
SemperFiGuy:
Thanks for the highly informational research, GG.
sfg
Sandhillian:
While the end result of the case is favorable, some of the legal reasoning used in reaching that result is flawed. The Court sprinkled in civil law concepts that have not been applicable to, and should not apply in, the realm of criminal law. Those concepts, however, have nothing to do with the actual firearm issues in the case.
Kendahl:
--- Quote from: GreyGeek on July 07, 2016, 08:08:40 AM ---.... the percentages of Americans owning firearms is well above the 30% claim by the media, and is increasing, not decreasing ....
--- End quote ---
Right after the husband-and-wife terrorist attack in San Bernardino, local residents were lined up outside the doors at gun shops. Lots of guns were sold, much to the President's displeasure.
Rural California is much different from the major coastal cities. The sheriff of San Bernardino County is CCW friendly. Unfortunately, the large populations of the cities means they dominate state politics.
GreyGeek:
Same here in Nebraska. Omaha and Lincoln are strongholds of "Intellectuals" and those dependent on gov welfare and "freebies" (to them, at taxpayers expense).
While I was working at the dept of Revenue 10 years ago writing the Homestead application and working on tax returns I noticed an interesting trend. A LOT of people were moving from California to Nebraska. This was before the housing bubble burst. They were selling their modest two bedroom houses in California for $500-750K and buying better houses here for $250-300K, and banking the rest. They also brought other things with them ... voting for the policies that made California almost. a third world state.
It reminds me of an old joke about Berkeley: Too small to be a nation state and too big to be an insane asylum. (In response to Berkeley city council declaring Berkeley to be a "Nuclear Free Zone".
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