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Former Police Chief Stacey wants gun charge dismissed
FarmerRick:
http://www.omaha.com/article/20120606/NEWS97/120609919#stacey-wants-gun-charge-dismissed
Stacey, 56, made his first appearance Wednesday in connection with a charge that he provided a handgun several months ago to former Gretna City Administrator Colleen Lawry.
Both Stacey and Lawry were charged in May with a Class I misdemeanor, which carries a maximum penalty of one year in jail and up to a $1,000 fine, if convicted.
Stacey has acknowledged the gun was his and said he had loaned it to Lawry.
Stacey's attorney, James Martin Davis, submitted a motion to dismiss the charge, arguing that the state law is unconstitutional and substantially infringes on his right to bear arms, which is guaranteed by the Second Amendment and by the Nebraska Constitution.
“You cannot really restrict someone's right to lend or borrow a firearm,” Davis said afterward. “We think the state statute is clearly unconstitutional, and we think the court should find the statute void. We have a pretty good Second Amendment argument.”
~~ See more at link ~~
Very interesting developments.... not sure where I come down on this constitutionality issue.
The purchase certificate is handy at times for some "piece of mind" when selling firearms and for expediency when purchasing from a FFL, but I also feel we shouldn't have to have one.
bullit:
There is a whole lot of me that would like to see Stacey win on the Constitutional argument, his personal character not withstanding......
johncavh:
I would think a police Chief should know, if this is right or wrong, if not maybe he should not have been in that position. And why did he lend or give the weapon to the person in the first place ???
Ronvandyn:
My thought is would he have arrested one of us for this violation and sent the case for prosecution to the county? Personally, I believe he would have and not given the constitutional questions a seconds thought. Not one second.
I hope this case gets heard again and again in courts of ascending authority. I have no dog in this fight, so I dont care if he wins or looses, but feel the process of a case like this is of great importance. He is a citizen now, not a police chief. He should be treated as one, and not one ounce differently.
Ron
NE Bull:
--- Quote ---Very interesting developments.... not sure where I come down on this constitutionality issue.
The purchase certificate is handy at times for some "piece of mind" when selling firearms and for expediency when purchasing from a FFL, but I also feel we shouldn't have to have one.
--- End quote ---
I second that emotion, Rick.
I also feel as the others do that his having been a police chief shoud have no positive bearing on the case. His peepee should be smacked harder because of that fact.
I hope JMD knows what he's doing. He does a pretty good job at stirring the pot.
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