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Author Topic: John Stacey's loses his court challenge  (Read 2907 times)

Offline Chris Z

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John Stacey's loses his court challenge
« on: October 01, 2012, 10:15:41 PM »
The Judge ruled today that the handgun purchase permit is not unconstitutional... So Stacey has his next court hearing on the charge Oct 19th.
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Offline bullit

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Re: John Stacey's loses his court challenge
« Reply #1 on: October 02, 2012, 11:50:16 AM »
Can you provide more background on your post?
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Offline Chris Z

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Re: John Stacey's loses his court challenge
« Reply #2 on: October 02, 2012, 11:55:04 AM »
He had challenged the constitutionality of the handgun purchase permit law, said that it was an infringement on his 2nd Amendment right.

He was attempting to have his charge dropped for loaning a handgun to his "friend", former Gretna city Administrator Colleen Lawry
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Offline Chris Z

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Re: John Stacey's loses his court challenge
« Reply #3 on: October 02, 2012, 12:44:35 PM »
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Offline bullit

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Re: John Stacey's loses his court challenge
« Reply #4 on: October 02, 2012, 12:47:49 PM »
Remember the details now....part of me disappointed on the finding, but for his sake you do the crime...you do the time.... He's TEFLON anyway.....
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Offline Gunscribe

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Re: John Stacey's loses his court challenge
« Reply #5 on: October 02, 2012, 09:53:38 PM »
It is unconstitutional, but that is just my considered opinion.
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Offline Hardwood83

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Re: John Stacey's loses his court challenge
« Reply #6 on: October 03, 2012, 11:05:16 AM »
Quote from: Gunscribe on October 02, 2012, 09:53:38 PM
It is unconstitutional, but that is just my considered opinion.

At some point we may have to pay a fee, register our opinions and have them regulated, you know, for public safety. It's only common sense speech control and who can be against that? 
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Offline DanClrk51

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Re: John Stacey's loses his court challenge
« Reply #7 on: October 04, 2012, 03:53:04 PM »
Definitely unconstitutional. I don't see how they can maintain that I need to pay the state a fee and ask their permission to exercise a right is constitutional. I hope he has the deep pockets to take it all the way to the NE Supreme Court.
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Offline whatsit

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Re: John Stacey's loses his court challenge
« Reply #8 on: October 04, 2012, 07:21:22 PM »
Is loaning a handgun to someone without a purchase permit considered a firearms offense that would keep him from passing a NICS check?
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Offline equinox137

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Re: John Stacey's loses his court challenge
« Reply #9 on: October 23, 2012, 09:36:33 AM »
I'm still a little lost as to what violation of law actually occurred here.
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Offline Chris Z

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Re: John Stacey's loses his court challenge
« Reply #10 on: October 23, 2012, 09:39:45 AM »
You cannot loan a handgun to someone (with them leaving your line of sight), if that person does not have a handgun purchase permit.

Unless the borrower falls into one of the exempt categories. (FFL, Law Enforcement officer for DUTY, CHP holder, immediate family, antique handgun, etc...)
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Offline SemperFiGuy

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Re: John Stacey's loses his court challenge
« Reply #11 on: October 23, 2012, 02:52:59 PM »
Quote
You cannot loan a handgun to someone (with them leaving your line of sight), if that person does not have a handgun purchase permit.

Unless the borrower falls into one of the exempt categories. (FFL, Law Enforcement officer for DUTY, CHP holder, immediate family, antique handgun, etc...)
Chris Zeeb


This issue comes up in my Concealed Handgun Permit classes quite often when attendees ask if they can loan/borrow a handgun from someone else for CHP range qualification.    They are universally astounded when the above blue card Firearms Purchase Permit [actually, handgun purchase permit] requirement is laid out before them.   After all, even John Stacey, the Bellevue, NE city prosecutor seems not to have known it.

Also, the Omaha Handgun Registration Code is a deep mystery to most folks, as well.   Including just a whole lot of Omaha area NE Concealed Handgun Instructors..

Wish it weren't true.   However, 'Tis.

sfg
« Last Edit: October 23, 2012, 02:59:25 PM by SemperFiGuy »
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Offline Phantom

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Re: John Stacey's loses his court challenge
« Reply #12 on: January 13, 2013, 01:10:35 PM »
With all the Talk going on about the introduction of this new law or that new law

A thought hit me about Nebraska's handgun purchase permit and outcome of this case!


Since Nebraska handgun purchase permit's are only good for 3 years!

Once it expire's if you don't renew it and you own a handgun...... could you also be in violation of this law ?


Oh and i noticed when i got mine last year it's not called  a handgun purchase permit.
It's called a "Firearm purchase permit"

 
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Offline Chris Z

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Re: John Stacey's loses his court challenge
« Reply #13 on: January 13, 2013, 01:14:58 PM »
Quote from: Phantom on January 13, 2013, 01:10:35 PM
With all the Talk going on about the introduction of this new law or that new law

A thought hit me about Nebraska's handgun purchase permit and outcome of this case!


Since Nebraska handgun purchase permit's are only good for 3 years!

Once it expire's if you don't renew it and you own a handgun...... could you also be in violation of this law ?


Oh and i noticed when i got mine last year it's not called  a handgun purchase permit.
It's called a "Firearm purchase permit"

 

This case was postponed because the trial was to start right around the day or so after the CT shooting.

No you do not have to have a permit to posses a handgun, you only need one to aquire it. In this case she clearly never had a permit to begin with, and did not fall into an exempt category for him to give it to her without a permit
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Offline Chris Z

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Re: John Stacey's loses his court challenge
« Reply #14 on: January 13, 2013, 01:15:47 PM »
Also note...... This same charge against Colleen Lawry was dropped as part of a plea deal in her theft case.

They are still sticking John Stacey with the charge though
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