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Author Topic: Bellevue has been taken over  (Read 3294 times)

Offline webtrekker

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Bellevue has been taken over
« on: February 24, 2013, 07:16:05 PM »
It just came to my attention that the City of Bellevue passed an ordinance that makes it illegal to "discharge any toy pistol, toy gun, toy cannon, air gun or other arm or arms, blank cartridges, or slingshots, loaded with rock or leadened or other dangerous missiles at any time or under any circumstances within the city;..."
As the head coach for a NASP archery club hosted at our church it now seems that I have to get a "conditional use permit from the city" just so our kids can continue to prepare for the state tournament.  But beyond that, seems my kids will now be breaking the law while playing with there Nerf or Airsoft guns or for that matter even the Lego creations that they so often make that "shoots a dangerous missile" (since one person's definition of "dangerous" is/can be different from another).
And here I thought we were pretty safe from the 'crazies' that have invaded NY,CO,CA,etc.... but guess now I'll need to add attending the council meetings to my already busy schedule.
I also wonder if this means that places like the Bellevue Walmart will no longer be able to sell such dangerous devices...

Here is the full ordinance ...
ORDINANCE NO 3697
2
3 AN ORDINANCE TO AMEND SECTION 208 OF THE BELLEVUE MUNICIPAL
4 CODE PERTAINING TO THE DISCHARGE OF FIREARMS OR DANGEROUS MISSILES
5 TO PROVIDE FOR THE REPEAL OF SECTION 208 OF THE BELLEVUE MUNICIPAL
6 CODE AS HERETOFORE EXISITING AND TO PROVIDE FOR THE EFFECTIVE DATE
7 OF THIS ORDINANCE
8
9 BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
10 BELLEVUE NEBRASKA
11
12 Section 1 That Section 208 of the Bellevue Municipal Code is hereby amended to read
13 as follows
14
15 Sec 208 Discharge of firearms or dangerous missiles
16
17 a Except for managed hunts conducted on i land designated by the United States
18 Department of Interior as a National Natural Landmark or ii land owned by the State of
19 Nebraska that is designated by the State of Nebraska Game and Parks Commission as a state
20 wildlife management area and except for persons who have obtained a conditional use permit
21 from the city pursuant to the applicable sections of the Bellevue Zoning Ordinance to operate an
22 indoor firing range no person except officers of the law in the discharge of their duty shall fire
23 or discharge any gun pistol firing piece or other firearm within the city provided however
24 nothing in this section shall prevent the city council from approving the use of firearms or other
25 aims in connection with managed hunts conducted on other land located within the corporate
26 limits of the city as amended from time to time For purposes of subsection 208aii
27 managed hunts shall mean and include those hunts conducted on such a state wildlife
28 management area authorized under limited permit issued by the State of Nebraska when access
29 to such land for hunting purposes is restricted to those individuals to whom such limited permit
30 have been issued
31 b Except as permitted pursuant to the provisions of paragraph a of this section 20
32 8 and except for any school sponsored training and bona fide businesses selling such arms or
33 missiles where a supervised firing or gunnery range is located on the premises no person shall
34 discharge or cause to be discharged any toy pistol toy gun toy cannon air gun or other arm or
35 arms blank cartridge or slingshot loaded with rock or leadened or other dangerous missiles at
36 any time or under any circumstances within the city provided that nothing in this section shall
37 prevent the city council from approving a waiver for hunting deer within the city using a bow
38 and arrow or crossbow and further provided that an application for said waiver has been
39 satisfactorily completed on a form provided by the city cslerk office
40
41 Section 2 This Ordinance shall take effect and be in full force from and after its
42 passage approval and publication in pamphlet form

Offline Eagle1

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Re: Bellevue has been taken over
« Reply #1 on: February 24, 2013, 07:27:31 PM »
That should keep those pesky miscreants from being evil doers. >:D
Would that also cover spit balls shot from straws, unless it was of course a SCHOOL sponsored event.
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Offline SemperFiGuy

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Re: Bellevue has been taken over
« Reply #2 on: February 24, 2013, 07:46:25 PM »
No Self-Defense Exemption:

Quote
no person except officers of the law in the discharge of their duty shall fire
or discharge any gun pistol firing piece or other firearm within the city

So---All You Who Carry Concealed, Don't Even Think About Drawing Your Handgun in Self-Defense.   Much less, ever pulling the trigger...........

And we thought Omaha anti-gun laws were tough!

sfg
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Offline webtrekker

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Re: Bellevue has been taken over
« Reply #3 on: February 24, 2013, 08:22:12 PM »
It would also apply to self-defense within your home, unless of course you are a LEO.

Offline NE Bull

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Re: Bellevue has been taken over
« Reply #4 on: February 24, 2013, 08:25:50 PM »
Similar law on the books here in Lincoln.
“It is not an issue of being afraid, It's an issue of not being afraid to protect myself.”
 Omaha Mayor Jean Stothert
 "A gun is a tool, Marian; no better or no worse than any other tool: an axe, a shovel or anything. A gun is as good or as bad as the man using it. Remember that."  Shane

Offline Husker_Fan

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Re: Bellevue has been taken over
« Reply #5 on: February 25, 2013, 07:25:18 AM »
When did they pass this? Are they trying to kill the new shooting range?

Offline PhantomXD

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Re: Bellevue has been taken over
« Reply #6 on: February 25, 2013, 07:56:26 AM »
Well officers better watch it too how that reads. Says on duty nothing to cover them when not! Or did I read that wrong? Looks like these people don't proof read the things they create because, they are trying to shove them out so fast.

Offline bullit

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Re: Bellevue has been taken over
« Reply #7 on: February 25, 2013, 10:19:49 AM »
My apologies if I overlooked it, but what is the penalty for violating?

Offline Husker_Fan

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Re: Bellevue has been taken over
« Reply #8 on: February 25, 2013, 10:40:09 AM »
I'm not worried about application in defensive situations. Most cities have a similar ordinance, but if you are justified in using deadly force, you also have a defense to the ordinance.

What concerns me is the impact on the proposed indoor shooting range. There aren't very many places to shoot.

Offline RLMoeller

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Re: Bellevue has been taken over
« Reply #9 on: February 25, 2013, 11:48:45 AM »
and except for persons who have obtained a conditional use permit
21 from the city pursuant to the applicable sections of the Bellevue Zoning Ordinance to operate an
22 indoor firing range

Wouldn't this part address that concern?

and except for persons who have obtained a conditional use permit
21 from the city pursuant to the applicable sections of the Bellevue Zoning Ordinance to operate an
22 indoor firing range

Offline Husker_Fan

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Re: Bellevue has been taken over
« Reply #10 on: February 25, 2013, 12:46:44 PM »
I suppose it would if I had read that far :)

Offline Lmbass14

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Re: Bellevue has been taken over
« Reply #11 on: February 25, 2013, 06:05:07 PM »
Thought it was a joke when I read it.  Now that's scary.  Sure hope the BG's obey the law.

Offline LM4202

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Re: Bellevue has been taken over
« Reply #12 on: February 28, 2013, 12:08:18 AM »
I emailed the Bellevue City Attorney, Patrick J. Sullivan about the ordinance and got this response:

Mr. XXXXXXXXXX,

The Bellevue ordinance you refer to does not affect your right to defend yourself.  Nebraska state law allows the use of a firearm in self-defense, and Bellevue’s ordinance does not diminish that right of self-defense granted by statute.

 

Timothy J. Buckley

Attorney at Law

Adams & Sullivan, P.C., L.L.O.

Offline webtrekker

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Re: Bellevue has been taken over
« Reply #13 on: February 28, 2013, 09:49:00 PM »
After a good nights sleep I wasn't too worried about the self defense side.  What bothers me is that now when my kids go out into the wooded area around my house and make stick bows, or shoot their home-made lego creations while playing outside, or have rubber-band water balloon fights throughout the summer they/we will be breaking the law and could face a fine.  This is utterly stupid, kids aren't allowed to be kids anymore nor are us parents allowed to parent our children.  I use the little Daisy Red Rider's to begin my kids on the safety and techniques of the sport of shooting knowing that these are pretty harmless guns - so much so that if the BB did make it out of the yard it wouldn't have enough power behind it to do any damage.  So, now, I will be forced to take them to a full scale range, when we could have spent 30minutes here and there or taken a break throughout the day.

I want to fight this, but I'm not sure how to get started other than venting with everyone on this board.
Thanks for listening, and if you don't live in Bellevue, ya'd better start watching what your city council is passing or you could wake up one morning and be in the same boat.

Offline LM4202

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Re: Bellevue has been taken over
« Reply #14 on: March 01, 2013, 12:36:24 AM »
After a good nights sleep I wasn't too worried about the self defense side.  What bothers me is that now when my kids go out into the wooded area around my house and make stick bows, or shoot their home-made lego creations while playing outside, or have rubber-band water balloon fights throughout the summer they/we will be breaking the law and could face a fine.  This is utterly stupid, kids aren't allowed to be kids anymore nor are us parents allowed to parent our children.  I use the little Daisy Red Rider's to begin my kids on the safety and techniques of the sport of shooting knowing that these are pretty harmless guns - so much so that if the BB did make it out of the yard it wouldn't have enough power behind it to do any damage.  So, now, I will be forced to take them to a full scale range, when we could have spent 30minutes here and there or taken a break throughout the day.

I want to fight this, but I'm not sure how to get started other than venting with everyone on this board.
Thanks for listening, and if you don't live in Bellevue, ya'd better start watching what your city council is passing or you could wake up one morning and be in the same boat.

I don't know if you know this, but with the proliferation of FPS video games, lots of teenagers are into air soft.  Some of the higher end air soft rifles are extremely realistic, with only an orange tip on some of them to denote them as an airsoft gun.  They go around wearing camo gear and start shooting each other around the subdivision.  The higher end ones (costing $150 and up) fire airsoft pellets that easily penetrate soda cans.  I know, because we were shooting cans with my kids airsoft gun, then one day I saw that he had painted over the orange tip.  So I confiscated it from him and he can't hang around those friends who also have airsoft guns.  My friends kids also had friends with airsoft guns and they were playing around their neighborhood, and someone called the cops on them. 

If you think your kid could be fined for having rubber band balloon fights, thats being unrealistic.  ::)
« Last Edit: March 01, 2013, 12:41:03 AM by LM4202 »

Offline webtrekker

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Re: Bellevue has been taken over
« Reply #15 on: March 01, 2013, 07:57:54 AM »
If you think your kid could be fined for having rubber band balloon fights, thats being unrealistic.  ::)

Are you saying I'm being unrealistic in how I'm understanding the ordinance or that the ordinance is unrealistic?

I can understand to some degree about the higher power air soft guns.  However, that isn't what the ordinance specifically addresses.  It says "any toy pistol toy gun toy cannon air gun or other arm or arms blank cartridge or slingshot loaded with rock or leadened or other dangerous missiles", not "a firearm that has a such&such FPS rating". 
The use of vague terms such as "any" in a law or ordinance is just asking for trouble as it now becomes a matter of interpretation during the interaction with the LEO.  I don't want to be in a situation where I need to convince someone of the "intent" of a law.
 

Offline Kennon

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Re: Bellevue has been taken over
« Reply #16 on: March 01, 2013, 08:33:41 AM »
Did the mayor sign this?

A few of us noticed that this outlaws Track starter pistols, and Cartrige powered Nail guns.
Non LE armed security guards are not exempted.
No way I would service an ATM in the city if the mayor signs this.

Discussion about Misdemeanor vs. Felony is on going as case law for both claims exists, same judge, prosecutor, and defense attorney. (Neither  case was appealed)