General Categories > Newsworthy
Former Police Chief Stacey wants gun charge dismissed
66bigblock:
James Martin Davis = Guaranteed Acquittal
When he walks up the courthouse steps, the whole building shakes.
66bigblock
00BUCK:
I'd just like to know when it became illegal to lend a handgun to someone. Assuming they are not a felon or otherwise restricted that is. I'm not sticking up for his character - personally I think he is a putz - but I don't see how they can charge him with anything, let alone make it stick.
Husker_Fan:
Well, it looks like 1991.
http://nebraskalegislature.gov/laws/statutes.php?statute=s6924003000
--- Quote ---69-2403. Sale, lease, rental, and transfer; certificate required; exceptions.
(1) Except as provided in this section and section 69-2409, a person shall not purchase, lease, rent, or receive transfer of a handgun until he or she has obtained a certificate in accordance with section 69-2404. Except as provided in this section and section 69-2409, a person shall not sell, lease, rent, or transfer a handgun to a person who has not obtained a certificate.
(2) The certificate shall not be required if:
(a) The person acquiring the handgun is a licensed firearms dealer under federal law;
(b) The handgun is an antique handgun;
(c) The person acquiring the handgun is authorized to do so on behalf of a law enforcement agency;
(d) The transfer is a temporary transfer of a handgun and the transferee remains (i) in the line of sight of the transferor or (ii) within the premises of an established shooting facility;
(e) The transfer is between a person and his or her spouse, sibling, parent, child, aunt, uncle, niece, nephew, or grandparent;
(f) The person acquiring the handgun is a holder of a valid permit under the Concealed Handgun Permit Act; or
(g) The person acquiring the handgun is a peace officer as defined in section 69-2429.
--- End quote ---
Mudinyeri:
--- Quote ---(e) The transfer is between a person and his or her spouse, sibling, parent, child, aunt, uncle, niece, nephew, or grandparent
--- End quote ---
Could "spouse" possibly be extended to include "mistress"? :D
DanClrk51:
--- Quote from: FarmerRick on June 06, 2012, 07:47:36 PM ---http://www.omaha.com/article/20120606/NEWS97/120609919#stacey-wants-gun-charge-dismissed
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.”
--- End quote ---
Halleluja! There may still be hope for Nebraska. Here we go folks, the person with deep pockets to challenge the constitutionality of the purchase permit who we have been looking for all along has been found in former Chief Stacey :)
This really is a best case scenario. Now lets just hope he prevails in court and the purchase permit statute is ultimately struck down by the Nebraska Supreme Court. Hopefully Heineman's Supreme Court appointments will pay off in this regard.
I heard this case will go before the federal judge in Douglas County District Court as Sarpy Judges were determined to have too many ties with Stacey. I guess it could go either way.
Navigation
[0] Message Index
[#] Next page
[*] Previous page
Go to full version