General Categories > General Firearm Discussion
Omaha's gun registration process
WESchultz:
Just for grins or further education:
In the United States, we are all governed by the ?Rule of Law.? Most laws have annotations to amendments.
As an example, the 2nd Amendment to the U.S. Constitution has many Annotations (not listed).
Amendment II
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
The Nebraska Constitution has many ?Annotations.? Annotations help further define what the words mean or what is legal.
I-1. Statement of rights. (from the NE Constitution). All persons are by nature free and independent, and have certain inherent and inalienable rights; among these are life, liberty, the pursuit of happiness, and the right to keep and bear arms for security or defense of self, family, home, and others, and for lawful common defense, hunting, recreational use, and all other lawful purposes, and such rights shall not be denied or infringed by the state or any subdivision thereof. To secure these rights, and the protection of property, governments are instituted among people, deriving their just powers from the consent of the governed.
Annotation 4 to the NE Constitution?s ?Statement of rights.? The third or last bullet point opens the door to either side (pro or con), where it states, ?is subject to reasonable regulation by statute.? Now what we pro-gunners call ?reasonable regulation? and what anti-gunners call ?reasonable regulation,? are on the opposite sides of the fence (my opinion). I?ve always personally felt that anti-gunners never finished reading the rest of the sentence or point.
Annotation 4. Right to bear arms
? The "Right to Bear Arms" amendment to this provision does not abolish the death penalty in Nebraska. Anderson v. Gunter, 235 Neb. 560, 456 N.W.2d 286 (1990).
? Section 28-1203(1) is not vitiated by the "Right to Bear Arms" amendment of 1988, is a valid exercise of the State's police power in reasonable regulation of certain firearms, and does not contravene this provision. State v. LaChapelle, 234 Neb. 458, 451 N.W.2d 689 (1990).
? The constitutional right to keep and bear arms is subject to reasonable regulation by statute if the statute does not frustrate the guarantee of the constitutional provision. State v. Comeau, 233 Neb. 907, 448 N.W.2d 595 (1989).
huskergun:
I'll do it. Get me a really good lawyer and we'll see Conboy in court.
FarmerRick:
--- Quote from: huskergun on January 14, 2010, 04:43:53 PM ---I'll do it. Get me a really good lawyer and we'll see Conboy in court.
--- End quote ---
WooooHooooo!! the gun grabbers are going to have a party now!!!!!
huskergun:
WTH is that supposed to mean?
Smart a$s
tferguson714:
--- Quote from: AAllen on January 14, 2010, 08:35:57 AM ---Chris not disagreeing with you but has someone out out a statement since the preemption of local laws for CCW that I have missed. This is exactly one of the things preemption was about. Trying for more facts so we can work on getting the issue cleared up before there needs to be a test case.
--- End quote ---
This is what I thought, too. But a lot of times what "they" believe is more relevant than what's actually on paper.
In reality, it doesn't really matter to me because as I said, I live in Omaha. Sorry if I gave any misinformation.
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