NFOA MEMBERS FORUM
General Categories => Laws and Legislation => Topic started by: Army11C10 on September 25, 2019, 12:00:14 PM
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I talked with Roy Christenson,Republican Council Member about this and he said he introduced it because the Democrat Majority and Democratic Mayor were ready to introduce a Code change to outlaw all Semi autos in the city.Emily Killham,on the mayor's task force stated that storage of firearms was just the First step.Democrats protest everything,conservatives sit on their ass and do nothing.The storage proposal is set for public hearing on October 21.Again ,this is just the first step.Wake up and let us organize to stop this before our 2nd Amendment is destroyed.I will not surrender to these Idiots.
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Well let's blow this news to every corner of the internet...BOOM !
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I want all Gun owners to be at that Public forum on the 21st.There are 5 Democrats,Democrat Mayor and two Republicans.They are out numbered.The Mayor has a Team that is guiding this.If the LBQ or whatever can protest then,God Damm it why can't we.I wear my ball cap"Make America Great Again" everywhere.I don't care what Liberals think.We all have to stand together.I am Handicap in a wheel chair,I carry one of my Glock's every day.I was threatened last year by a slime bag ,while going to the store.I called the police,but had my weapon ready.They got him the next day.I will NOTgive up my right for self defense.I am ready to roll.I am Ready.
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Like I said on the other thread here. Either we do a statewide preemption ballot initiative or we're all just spitting into the wind. It worked with the death penalty, overriding the leftist, overly urbanized legislature who don't represent the will of the people or the diversity of opinions across all parts of Nebraska.
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I talked with Roy Christenson,Republican Council Member about this and he said he introduced it because the Democrat Majority and Democratic Mayor were ready to introduce a Code change to outlaw all Semi autos in the city.Emily Killham,on the mayor's task force stated that storage of firearms was just the First step.Democrats protest everything,conservatives sit on their ass and do nothing.The storage proposal is set for public hearing on October 21.Again ,this is just the first step.Wake up and let us organize to stop this before our 2nd Amendment is destroyed.I will not surrender to these Idiots.
Just want to make sure this post doesn't disappear
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The Mayor today has made another Declaration.Free Gun Locks-Just like we need her to tell us how to use our firearms.Classes to the public on how to protect our families.She said she supports Red Flag laws and the two proposed changes currently on the Menu.It will not stop here my friends.Read the article that was just issued by the Mayor.Her goal is to disarm all of us.Look at her task force.Emily Killham-Advocate to ban semi automatics Ar-15 and all semi auto weapons.All I ask from all of you watch this closely.This is only the beginning with this Mayor and Democratic council members,who has the Majority.Again 10-21-19 is the public hearing on the two proposed changes.Killham stated"THIS IS ONLY THE FIRST STEP".
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I hope people will find a way to show up. It would be a shame to lose your rights simply because you were unable to get off work to fight this.
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I've put the date on my calendar. Is there a time and location set?
These ordinances could easily be harmful to unaware visitors to our city.
I'll start asking everyone I know with an interest in our ongoing
liberty to attend as well. Thanks.
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Was looking for the hearing on the city council website, but they don't post too far in advance. How sure are we that it will be heard on the 21st of October? Would like to send out a call to action email.
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Here is a link to the specific proposal for the new storage ordinance:
https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/431362/19-95_Ordinance.pdf
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I never read the message board guidelines. I hope it is ok to post the exact language:
11 9.36.110 Firearms in Unattended Motor Vehicle; Unlawful.
12 1. It shall be unlawful for any person to keep a firearm in a motor vehicle which is not
13 occupied and/or is outside the immediate control of the person responsible for the vehicle unless
14 the firearm is locked inside the glove box, trunk, other compartment of the vehicle, or a hardened
15 storage container securely attached to the vehicle in an unattended motor vehicle for a period in
16 excess of twenty-four hours.
17 2. The provisions of this section shall not apply to members of the Armed Forces of
18 the United States, active or reserve, the National Guard of this state, or Reserve Officers Training
19 Corps, when on duty or training, or peace officers or other duly authorized law enforcement
20 officers, nor shall it apply to vehicles containing firearms that are parked in locked enclosures or
21 buildings, such as garages or other storage facilities.
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Disregard
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As the proposed amendment does state a specific penalty, the Lincoln Municipal Code provides that a violation constitute a misdemeanor.
1.24.010 Penalty for Violations.
Misdemeanors. Any person upon whom a duty is placed by the provisions of this code who shall fail, neglect, or refuse to perform such duty or who shall violate any of the provisions of this code for which a penalty is not otherwise specifically provided shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the county jail for a period not to exceed six months, or by a fine of not to exceed $500.00, recoverable with costs, or both. Each day that a violation of this code continues shall constitute a separate and distinct offense and shall be punishable as such.
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As the proposed amendment does state a specific penalty, the Lincoln Municipal Code provides that a violation constitute a misdemeanor.
1.24.010 Penalty for Violations.
Misdemeanors. Any person upon whom a duty is placed by the provisions of this code who shall fail, neglect, or refuse to perform such duty or who shall violate any of the provisions of this code for which a penalty is not otherwise specifically provided shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the county jail for a period not to exceed six months, or by a fine of not to exceed $500.00, recoverable with costs, or both. Each day that a violation of this code continues shall constitute a separate and distinct offense and shall be punishable as such.
so the way i read this is ... for sake of argument: you drive to place X, get sick and an ambulance picks you up and your in the hospital for 4 days .... your car that is left behind gets broken in to on day 4 while your laid up and the cops catch the guy and find the gun in your car under the seat ... you will get 2 years in jail and a $2,000 fine ?? because you did not get into your car for the 4 days your laid up ...
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Roy Christenson,Republican council member told me the there would be a public forum on the second proposed change of leaving a firearm in vehicles on October 21st.He wants your comments .His cell phone number is 531-207-2928.He is against these changes and wants your input.Please call him.The Democrats have just started and this is just the FIRST step.The Mayor is the BETO of Lincoln.
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I was able to speak with Roy Christensen today. The hearing will be on the 21st of October beginning at 3:00 pm
he encouraged me to get as many people to speak out about the ordinance as possible. So, invite all your friends
and colleagues, let's make a good showing.
I would encourage the council to amend the ordinance to the effect that secured means out of sight and locked in the vehicle.
Additional storage containers etc. is to complicated to comply with.
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Are they currently just talking about handguns or is the vehicle storage for long arms too?
I honestly have very little sympathy for someone who leaves a handgun unsecured in a vehicle, not even going so far as using the chintzy glove box lock. But long arms are another story. If you’re at a skeet competition at Lincoln Trap and Skeet, and walk into the clubhouse while the Citori is locked in the pickup, that’s a crime?
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Personally speaking, I don't keep my firearm in my vehicle unless I'm forced by law to leave it behind. Even then, I have a fixed lock box in my vehicle that would pretty much require stealing the whole vehicle to get into (or a very large crowbar). Not only that, but I always lock my vehicle, even if there's nothing valuable in it.
That said, I'm opposed to any ordinance which makes victims into criminals. What if someone stole a knife from my home and later stabbed someone with it; would I be made into a criminal for not reporting the theft to the police? This is a stupid change which only serves to make the politicians feel good, so they can get adoration from their supporters for "doing something".
I was able to speak with Roy Christensen today. The hearing will be on the 21st of October beginning at 3:00 pm
Unfortunately, I have to work that day. If they held the hearing later, I'd be able to make it. Maybe I can convince my boss to let me switch my days off, but I doubt it.
I would encourage the council to amend the ordinance to the effect that secured means out of sight and locked in the vehicle.
Additional storage containers etc. is to complicated to comply with.
That would be better, though I'm still opposed to criminalizing the victim.
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I don't leave firearms unattended in my vehicle under normal circumstances either, but I see this as a testing of the waters for further infringements around the safe storage theme. If they don't get push back on this they will be emboldened to press on with their agenda.
If you are unable to make it to the hearing on the 21st please encourage others to attend and write the city council with your objections.
https://www.lincoln.ne.gov/city/council/contact.htm will take you to a page you can email your concerns.
Here is the email I sent. Feel free to borrow parts or use it to kick start ideas for letting them know you object.
I am writing this in regards to the ordinance amending Section 9.36.110 of the Lincoln Municipal Code relating to Firearms in Unattended Motor Vehicle proposed by councilman Christensen. The council member is to be commended on recognizing a serious issue for the safety of Lincoln's residents. Teenage thieves are an ongoing problem. My neighborhood typically experiences a rash of auto break ins every spring and fall. Teenage criminals with stolen weapons is certainly a danger to our fine city.
I must however take issue with the proposed ordinance changes. ARTICLE I Section 1 of the Constitution of the State of Nebraska in part states:
the right to keep and bear arms for security or defense of
self, family, home, and others, and for lawful common defense, hunting,
recreational use, and all other lawful purposes, and such rights shall not be
denied or infringed by the state or any subdivision thereof.
This ordinance places the burden to reduce teen theft on the victims of the crime rather than on the criminals, as such I see this as an infringement of the Constitutional rights of Lincoln residents. Nowhere in this ordinance does it address the root of the problem, teenage thieves, nor does it seek to punish said thieves but instead punishes the victims of the crime.
Additionally there are inherent problems with the storage requirements. A person without a State of Nebraska concealed carry permit who secures a firearm in the glove box of their vehicle while operating it is in violation of State law in that they are concealing the weapon and could be charged with committing a felony offense.
I drive a pickup truck, currently when transporting a long gun I put it in a soft case behind the seat of my truck. I don't believe there is a lockable storage container that would meet the requirements of this ordinance that would fit behind the seat of my truck. I would be in violation of this ordinance if transporting a long gun in the manner I currently do simply by exiting the truck and entering a store for a short amount of time.
Again Councilman Christensen is to be commended for recognizing a serious problem in our city and the desire to "do something" however I would like to see the solution directed at the criminals rather than potentially making criminals of law abiding citizens. I would be curious to know if any of the teens who where apprehended with stolen firearms were sentenced to 6 months in jail or fined more than $500? Could you look into that and get back to me?
I would like to suggest that rather than making criminals of currently law abiding citizens and visitors to our community, the city council focus on stopping or more severely punishing the actual criminals. Also, education and outreach to inform firearms owners to encourage safe storage habits would be a better solution than punishing them for being victims of crime.
Sincerely,
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Thank you GreggL.I see this also as a test of waters.Emily Killham,on the Mayor's task force stated"This is good but this is just the First step".With a Democratic mayor and five Democrat councilmen,it is apparent that we all need to unite,If they could do it they would confiscate all firearms.
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Are they currently just talking about handguns or is the vehicle storage for long arms too?
The proposed ordinance applies to all firearms.
The Lincoln Municipal Code defines firearms as"
9.36.120 Firearm; Defined.
For purposes of Sections 9.36.100 and 9.36.110 of the Lincoln Municipal Code, “firearm” shall mean any weapon which is designed to or may be readily converted to expel any projectile by action of an explosive or frame or receiver of any such weapon including, but not limited to, any pistol, revolver, shotgun, or rifle.
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The Council meets at the County-City Building, 555 South 10 Street, Rm 112 (Council Chambers). 10/21/19
The meeting begins at 3:00. Hope to see you there.
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Thank you Greg and others who attended. Keep up the pressure. Lincoln members, contact your Council members!
Keep up the pressure!!
https://journalstar.com/news/local/crime-and-courts/opponents-see-lincoln-mandate-to-lock-up-guns-in-cars/article_a6b5c649-f938-5f3b-94af-6b5c2d2490d8.html
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Trish, Thanks for the link. I believe this ordinance has the potential to affect any firearms owner that may visit Lincoln.
I would appreciate anyone who may be affected by this simply by being in the city limits of our capital city at some time
in the future emailing or calling the city council and expressing your concerns. (See earlier post for contact info) Thanks!
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The City council will be voting on the ordinance changes next Monday 10/28/19 but, our work is not done yet!
Councilman Christensen will be proposing amendments to the proposed changes to the Auto/Firearm storage ordinance. Please go to the link below and email all council members encouraging them to amend the current proposal in these ways:
-Change the proposal so that "secured" means the vehicle is locked and the firearm is out of sight.
-Reduce the penalty from a "misdemeanor" to an "infraction"
https://www.lincoln.ne.gov/city/council/contact.htm will take you to a page you can email all council members with your concerns.
Councilwoman Raybold will be proposing changes which will make the ordinance even stricter. We as lowly citizens will not have access to the proposed changes before the vote on Monday! So, it is very important that anyone who may be a potential visitor to Lincoln contact the council as this could affect you and, the more feedback they get opposing the current changes the more likely they are to adopt the above changes. Thanks!!!
Edited to make correction.
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Here is a message that can be copy pasted to the city council. feel free to tweak it. They will be voting on this Monday 10/28/19
Thanks again!!!
https://www.lincoln.ne.gov/city/council/contact.htm
This email is in regards to the ordinance amending Section 9.36.110 of the Lincoln Municipal Code relating to Firearms in Unattended Motor Vehicle proposed by councilman Christensen. I would like to encourage council members to support councilman Christensen's recent changes to the ordinance:
-Change the proposal so that "secured" means the vehicle is locked and the firearm is out of sight.
-Reduce the penalty from a "misdemeanor" to an "infraction"
Councilman Christensen is to be commended for recognizing a serious problem in our city and the desire to "do something" however the solution should be directed at the criminals rather than potentially making criminals of law abiding citizens.
Thank you.
Edited to reflect Roy Christensen's proposed changes to the ordinance. Please encourage everyone that may be a visitor to Lincoln to contact the Council. Thanks!
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Christensen got his amendment through!
In locked vehicle out of view is required, and penalties reduced to infractions for first 2 convictions and misdemeanor for 3rd offense...no jail time
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Christensen got his amendment through!
In locked vehicle out of view is required, and penalties reduced to infractions for first 2 convictions and misdemeanor for 3rd offense...no jail time
So it passed with this amendment? It’s now law?
Or did he just successfully attach an amendment but a final vote still pending?
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Final vote complete.
https://journalstar.com/news/local/govt-and-politics/council-oks-new-ordinance-governing-guns-kept-in-cars/article_1edac164-6ea6-567a-911e-97424c8b0f17.html
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I still say there was no need for an ordinance that has the potential of making criminals out of victims, but at least we got the least problematic version possible. Small victories, I guess. I'm still concerned that it has the potential to be charged as a misdemeanor, given that we know Lincoln has a whole ordinance whereby misdemeanors can cause you to lost the right to own guns within city limits for 10 years.
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You know, something struck me while I was watching the final vote of the city council online.
On the one hand, this was probably the absolute best result we could hope for, given the makeup of the council and the political climate in Lincoln.
On the other hand, I'm very concerned that they could so drastically alter the language of a bill - and then vote on it - without any further public input on the matter.
Wouldn't such major changes require they then allow the public to comment again before voting? The way it all went down just has me worried for future bills/ordinances.
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The LJS article says this replaces the prior ordinance, which prohibited people from keeping a firearm in a vehicle more than 24 hours.
If that’s the case, it seems like we oddly ended up with something more relaxed than before. You can now keep a gun in a car parked outside indefinitely, as long as the car is locked and the gun is tucked out of sight under the seat? ???
Don’t get me wrong, I’m glad it didn’t end up being something stupid. Just seems weird on the day that some guy at 40th and Old Cheney was in the news for having three guns stolen from his car overnight — one fully loaded. Seems to me like, if they would have wanted to do something constructive, they would have passed something to deal with numbskulls like that.
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Does this violate the state concealed weapon code? A firearm in the glove box is illegal without a permit, correct?
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Does this violate the state concealed weapon code? A firearm in the glove box is illegal without a permit, correct?
I believe that would only be an issue if the individual is currently in or operating the vehicle while it's concealed. This ordinance requires it be concealed and the vehicle locked while it's not being operated. So long as someone doesn't just get in and drive while their firearm is concealed, they should be okay.
Though we know that at some point, someone is going to forget. Whether they get caught or not is the only question.
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The beauty of this "end around" by Roy Christensen is simply BEAUTIFUL. I applaud him for the outcome and the hornets' nest he has poked with the NAGVs. Their FB page and Amanda Gailey's are lighting up the Dem dominated council. Fun to watch them eat their own. ;)
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We need to remember this was an effort to cut off the NAGV agenda at an early stage, before their influence with the Council grew to the point they felt they could try something over the top like a semiauto ban.
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I spoke with one of the council members today to thank them for voting for the amendment, they assured me that the council had received a high volume of correspondence objecting to the original changes and supporting the final amendment. Thank you to all who contacted the Council! Hopefully this will help stave off the in home storage push for a while!
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In reality, this demonstrated that if we are not apathetic, even with a democrat-leaning city council, the “system” can work. Like them or not, the council voted on a common sense amendment and effectively ended the nonsensical prior ordinance. Several local media outlets reported that the only public input was against the original, un-amended law.
That’s impressive because conservatives are difficult to mobilize, because they have jobs and families and volunteer commitments at church or coaching their kids’ sports teams, etc. Liberals by comparison are usually pot smoking homeless bums — or as near as makes no difference — and have all the time in the world to do political stuff like camp out on centennial mall playing the banjo as part of the Occupy Wall Street thing or whatever it was they were doing.
If they try to introduce another ordinance anytime soon, I think it will be time for me to go on the offensive again with all of the facts about how the previous mayor’s “safe storage task force” was a ruse, and a kangaroo court of the former public safety director’s friends and family. This included the same student / family member who was later the subject of a statewide Amber Alert because she ran off with some guy from Colorado. Great judgment runs in that family I guess. ::)
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I applaud him for the outcome and the hornets' nest he has poked with the NAGVs. Their FB page and Amanda Gailey's are lighting up the Dem dominated council.
I decided to check out their FB page (after enabling a VPN, using private browser mode from within a virtual machine), and came across this lovely gem:
Nobody is safer with a gun. Myths like "responsible gun owner" and "self defense" are designed to lull us into a false reality which does real harm.
In other words, their ultimate goal is not "responsible gun ownership", it's no gun ownership. We all need to remember that as we proceed against their agenda in the future.
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Good job Lincoln gun owners for showing up to the hearing and speaking up! IT DOES MAKE A DIFFERENCE!
The biggest threat I see on the horizon though is Lincoln Senator Adam Morfeld's LB 58 "Extreme Risk Protection Order Act" aka Red Flag Gun Confiscation Law which he has stated he will make his priority in this next session starting in January! WE NEED TO STOP THIS!
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Good job Lincoln gun owners for showing up to the hearing and speaking up! IT DOES MAKE A DIFFERENCE!
The biggest threat I see on the horizon though is Lincoln Senator Adam Morfeld's LB 58 "Extreme Risk Protection Order Act" aka Red Flag Gun Confiscation Law which he has stated he will make his priority in this next session starting in January! WE NEED TO STOP THIS!
It's been on radar for some time.
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The biggest threat I see on the horizon though is Lincoln Senator Adam Morfeld's LB 58 "Extreme Risk Protection Order Act" aka Red Flag Gun Confiscation Law which he has stated he will make his priority in this next session starting in January! WE NEED TO STOP THIS!
If you can find a cooperative senator, a good tactic might be to load Morfeld's bill with amendments that make it harder to railroad someone. Examples are
- The defendant can demand a court hearing, to be held within 24 hours, at which he can be represented by an attorney. The original complainant and any hostile witnesses must appear to face cross examination.
- The confiscating agency is responsible for the condition of the firearms and is liable for loss in value due to careless storage.
- Someone who makes a frivolous or malicious complaint is liable for the defendant's personal and legal expenses fighting the complaint and for injury to his reputation.
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If you can find a cooperative senator, a good tactic might be to load Morfeld's bill with amendments that make it harder to railroad someone. Examples are
- The defendant can demand a court hearing, to be held within 24 hours, at which he can be represented by an attorney. The original complainant and any hostile witnesses must appear to face cross examination.
- The confiscating agency is responsible for the condition of the firearms and is liable for loss in value due to careless storage.
- Someone who makes a frivolous or malicious complaint is liable for the defendant's personal and legal expenses fighting the complaint and for injury to his reputation.
this is really good,
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I wonder if we could get Senator Chambers to work with us on submitting some of these?
I seem to remember hearing he was opposed to red flag laws as they would be used against
his constituents by OPD. Does anyone know the process for approaching him about something
like amending a Bill?
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I know Rod and Ernie have a great relationship.