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Author Topic: I have been operating on memory!  (Read 1046 times)

Offline Gunscribe

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I have been operating on memory!
« on: February 26, 2010, 03:33:58 PM »
When I first read the proposed amendment for lb 817 I didn't like it for a number of reasons. Since that time I have been told that this will not effect the handicapped hunting. I still don't believe it.

I have also been reminded that Nebraska can apparently pass laws that only apply to one city/county. I'll accept that at face value for now.

The biggest problem I have with this bill is the word OR.

That one word negates everything that comes before it.

Even if it is "lawful, knowingly and intentional" has no matter.

Recklessy is a stand alone assertion and easily articulated by a rookie cop.

If you are target shooting in close proximity to your vehicle in any of the counties effected by this amendment you are at risk of arrest for a FELONY.

My first impression still holds;

There are already laws against Assault, Assault with a Deadly Weapon, Aggravated Assault with a Firearm, Reckless Endangerment, Discharge of a Firearm within X-number of feet of a Roadway or Occupied Dwelling, etc?

Another law trying to make illegal things "illegaler" which has the potential of snaring law-abiding citizens is simply a bad idea. This is not an amendment addressing a problem, it is an amendment addressing legislators' needs to seem to be doing something about scofflaw behavior.
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La Luz, NM

Offline AAllen

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Re: I have been operating on memory!
« Reply #1 on: February 27, 2010, 03:56:05 PM »
Gunscribe I just got off te phone from the Co-Founder and Nation Events Director of S.A.N.D.S Sportsmen Assisting Disabled Sportsmen.  They are very interested in this because you are correct it does directly affect them.  They will be reviewing the information and the bill and be contacting Senators about the problems these restrictions place on their members.

Offline DanClrk51

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Re: I have been operating on memory!
« Reply #2 on: March 01, 2010, 10:35:48 PM »
I think Gunscribe has discovered a BIG problem especially when it comes to this language:

at or in the
12 general direction of any person, dwelling, building, structure,
13 occupied motor vehicle, occupied aircraft, inhabited motor home as
14 defined in section 71-4603, or inhabited camper unit as defined in
15 section 60-1801,

I think Gunscribe summed our grave concerns up pretty well with this from the other thread:

Any person, within the territorial boundaries
7 of any city, incorporated village, of the first class or county
8 containing a city of the metropolitan class or primary class,

We all understand that applies to the entire county the "city" located in.

As I read the rest of it the discharge of a firearm in any of those counties anywhere will be a felony, Yes even if you are hunting or target shooting.

How you say?

who
9 unlawfully, knowingly, and intentionally

unlawfully, knowingly, and intentionally are meaningless words for the effect of the statute.

or recklessly discharges

The inclusion of the word OR means that unlawfully, knowingly and intentionally do not have to apply.

Shooting that deer, duck from a hunting blind or rabid skunk in your yard was lawful, you knowingly and intentionally did it all well and good Right?

How many of you use the hood of you truck for a rifle rest? If not how proximate is you vehicle when you are target shooting.

You may think you are being safe and prudent, but what about that anti rights cop that comes along and decides your being reckless.
You just lost your guns and have to hire an attorney to MAYBE keep from being convicted of a FELONY, because some cop can articulate in court that you were recklessly discharging a firearm.

Is there an exemption in this for existing shooting ranges? How about the cops showing up at a Saturday shoot at the Ikes, Weeping Water or where ever and arresting everyone they see shooting a gun?

Oh yea I get it, we have berms at those ranges. If there is a possibility that a projectile might traverse the berm and there are houses, dwellings etc in that general direction then a REAL case can be made that you are recklessly discharging a firearm in close proximity to your vehicles.


Define recklessly.

Because of that OR it makes recklessly a stand alone FELONY.

You just came home and shot the skunk that was about to attack your family pet or child, you are in or close proximity to your vehicle.

10 a firearm, while in any motor vehicle or in the proximity of
11 any motor vehicle that such person has just exited,

You are fortunate enough to have a deer or waterfowl blind tou can drive to within 40 yards of. Define proximity.

What is the legal time frame for just exited? 30 seconds? 10 minutes? 30 minutes.

If you are legally target shooting anywhere in Lancaster county a case can be made that you are guilty of a felony according to this amendment. Are you willing to bet your future on it if you let it be added just so lb 817 will pass?


Offline DanClrk51

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Re: I have been operating on memory!
« Reply #3 on: March 01, 2010, 10:40:25 PM »
This NEEDS to be addressed! The place I shoot at is a Wildlife Management area which is marked for hunting. There are however no "No Target Shooting" signs posted. So I drive my vehicle over there all the time, get out, and 5-25 feet away from my car start shooting cans and other miscellaneous targets (which I do pickup with a trash bag afterwards). It seems this language would make me guilty here. This place is in Iowa but that's besides the point.

As gunscribe said it can happen on your own property even when not in city limits but in a county to which this law applies.