General Categories > Carry Issues

I've got an Idea, and I may need some help

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OnTheFly:

--- Quote from: Dan W on March 08, 2012, 07:40:47 PM ---I beg to differ. He did not break the law and he was not charged because his actions were legal. Just because he did not have a CHP does not mean that his actions were illegal.

Read the Affirmative defense statutes and the State Constitution if you need a refresher on the right to self defense

--- End quote ---

The Omaha city prosecutor, Conboy, said...

http://www.wowt.com/news/headlines/92813334.html

--- Quote ---It was the surveillance video played from that night that convinced City Prosecutor Conboy there was no concealed weapon case. "My decision is based on the fact that our statute requires conclusive proof that the gun was not capable of being seen. Not only that nobody saw it, but that the gun was not capable of being seen possibly by anyone," he said.

In the video, Conboy said, "(McCullough) is able to produce (the gun) very quickly and knew right away where it was. So it was obviously in a place where normal movements would have exposed it potentially. And if that's the case, we can't go forward."
--- End quote ---

I have no doubt that Conboy was chomping at the bit to charge him with carrying a concealed weapon without a permit,.  However, they knew that the NRA, SAF, NFOA, and all the pro-2A folks sick of the crime in Omaha would be crawling up their posterior waste dispensing chute should they go forward with it.

Fly

wallace11bravo:

--- Quote from: Dan W on March 08, 2012, 07:40:47 PM ---I beg to differ. He did not break the law and he was not charged because his actions were legal. Just because he did not have a CHP does not mean that his actions were illegal.

Read the Affirmative defense statutes and the State Constitution if you need a refresher on the right to self defense

--- End quote ---

My mistake, I was out of town for the past several years and did not keep up well with the local news. The last I had heard is that he was charged. Thanks for setting me straight! The story is added to the list!

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