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Author Topic: Journal article  (Read 1047 times)

Offline Les

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Offline hilowe

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Re: Journal article
« Reply #1 on: March 16, 2017, 12:49:50 PM »
What is this??

Quote
Another provision would make it easier to prosecute people who buy stolen guns, by requiring courts to presume a firearm is stolen if the purchaser can't provide documentation, Hilgers said.

So, if they're reporting it correctly, and I'm reading it correctly, unless I can provide a bill of sale, the gun is assumed to have been stolen?  What about firearms that are inherited? Or, those that actually trust their family and sell a gun to one of them?

Offline wcr

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Re: Journal article
« Reply #2 on: March 16, 2017, 02:04:00 PM »
Presumed guilty until proven innocent.  Thought it was supposed to be the other way around.
Could authorities just take your gun and then you have to prove it is yours?  By that logic you
would have to keep a bill of sale on you anytime you carried or they could just confiscate your
gun until you proved it was yours to get it back.  Smacks of the Civil Asset Forfeiture Laws
which allows authorities to take your cash until you can (at your time and cost) prove it is
legally yours.  I don't have a problem if they have probable cause to believe the gun is stolen or illegally possessed (i.e. felon in possession), but where are the constraints?  Or am I reading too much into it?

Offline m morton

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Re: Journal article
« Reply #3 on: March 16, 2017, 06:14:19 PM »
i have shotgun i bought way back in 82 i don't have Receipt too any more. and the store i got it from "Montgomery wards" is closed for good a long time ago. i all so have 2 pistols i bought in Cal. while i was in the army 86-89. even my old neb registration cards have fallen apart being that old ... the paper dried out and small squares fall off any time it's touched lol 

IMO like any other crime the burden of proof lies with the state "innocent till proven guilty"

just like those that were given "grandpas"  old gun with no paperwork. how do you prove ownership ??? i have a gun i was given a 22 cal Ranger 101.16 tube mag. can't prove it's mine all of a sudden ? it's so old i don't even see a sn on it.. my grandfather owned this gun 20+ years before i was even born ...

Found this info. Ranger 101.16 made by Savage/Stevens for Sears Roebuck Co. with minimal production during 1938-1941 (WW2).
I will allow myself one personal observation. If you want to disarm yourself, that is your choice. The following quote is a favorite of mine and something to keep in mind when you make that choice.

“Sheep don’t tell wolves what’s for dinner.”

Offline Les

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Re: Journal article
« Reply #4 on: March 16, 2017, 06:49:24 PM »
Guess I'm curious to hear what happened and why (more clarification) before getting out the torches and pitchforks.  I'd bet there's more to this than meets the eye.  But still doesn't sound good. 
« Last Edit: March 16, 2017, 06:59:07 PM by Les »

Offline HuskerXDM

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Re: Journal article
« Reply #5 on: March 16, 2017, 07:23:17 PM »
Guess I'm curious to hear what happened and why (more clarification) before getting out the torches and pitchforks.  I'd bet there's more to this than meets the eye.  But still doesn't sound good. 

Just going by the couple of articles I read, it sounds to me like there was a concession made to get the Omaha Police union to stop publicly opposing the bill.  So now the union, effectively, gets rid of open carry in Omaha and the rest of us still get a (smaller) patchwork of gun laws to navigate. 
The master has failed more than the beginner has even tried.

Offline Dan W

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Re: Journal article
« Reply #6 on: March 16, 2017, 09:30:19 PM »
Presumed guilty until proven innocent.  Thought it was supposed to be the other way around.
Could authorities just take your gun and then you have to prove it is yours?  By that logic you
would have to keep a bill of sale on you anytime you carried or they could just confiscate your
gun until you proved it was yours to get it back.  Smacks of the Civil Asset Forfeiture Laws
which allows authorities to take your cash until you can (at your time and cost) prove it is
legally yours.  I don't have a problem if they have probable cause to believe the gun is stolen or illegally possessed (i.e. felon in possession), but where are the constraints?  Or am I reading too much into it?

I have always kept my carry gun receipt in my wallet next to my CHP for just this reason after hearing this tactic was a common one in areas like Omaha, but I need more info about this, which I believe was a committee amendment
Dan W    NFOA Co Founder
Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom.   J. F. K.

Offline Merl

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Re: Journal article
« Reply #7 on: March 16, 2017, 09:53:47 PM »
Just going by the couple of articles I read, it sounds to me like there was a concession made to get the Omaha Police union to stop publicly opposing the bill.  So now the union, effectively, gets rid of open carry in Omaha and the rest of us still get a (smaller) patchwork of gun laws to navigate.

This is also my take on what is being reported. I hope we get to see the actual wording before it gets to a debate on the floor.  I looked and as of today it is still not listed.

Offline Les

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Re: Journal article
« Reply #8 on: March 16, 2017, 10:41:33 PM »
Just going by the couple of articles I read, it sounds to me like there was a concession made to get the Omaha Police union to stop publicly opposing the bill.  So now the union, effectively, gets rid of open carry in Omaha and the rest of us still get a (smaller) patchwork of gun laws to navigate.
Agreed, all i'm thinking is we need to stand down till the board finds out and lets us know what actually transpired, and plans to move forward. 

Offline Kendahl

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Re: Journal article
« Reply #9 on: March 17, 2017, 03:39:18 PM »
I read the text of the bill from Rod's link in the LB68 thread in the 2017 Legislation Area. Proof of ownership is needed only if the gun has been reported as stolen. Provided you can trust the person who sold/traded/gave the gun to you, you won't have a problem. Is this any different from buying stuff off Craig's List? Can you be sure you're not buying stolen goods from a fence or even the original thief?

Offline Les

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Re: Journal article
« Reply #10 on: March 17, 2017, 05:00:02 PM »
I read the text of the bill from Rod's link in the LB68 thread in the 2017 Legislation Area. Proof of ownership is needed only if the gun has been reported as stolen. Provided you can trust the person who sold/traded/gave the gun to you, you won't have a problem. Is this any different from buying stuff off Craig's List? Can you be sure you're not buying stolen goods from a fence or even the original thief?
Agreed, created a new mine field.  I'd be hard pressed to come up with receipts/records from firearm transactions from Craig's list, buying or selling. 

Offline Kendahl

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Re: Journal article
« Reply #11 on: March 17, 2017, 05:45:26 PM »
... created a new mine field.
I think that mine field has always existed. Several years ago, I bought a used VCR off Craig's List. I responded to the seller's ad and arranged to meet her in the lobby of the Millard Library. I gave her $50, she gave me the VCR and we parted company. I don't think I ever got her name. Certainly, I never got a bill of sale. Had police shown up at my house saying that it had been stolen, the most I could have shown them was the e-mails between the seller and me.

Offline Les

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Re: Journal article
« Reply #12 on: March 17, 2017, 06:19:22 PM »
I think that mine field has always existed. Several years ago, I bought a used VCR off Craig's List. I responded to the seller's ad and arranged to meet her in the lobby of the Millard Library. I gave her $50, she gave me the VCR and we parted company. I don't think I ever got her name. Certainly, I never got a bill of sale. Had police shown up at my house saying that it had been stolen, the most I could have shown them was the e-mails between the seller and me.
Guess my point is, now it gives law abiding citizens something else we need to think about. And yes, years ago we traded firearms the same way.
« Last Edit: March 17, 2017, 06:21:29 PM by Les »