NFOA MEMBERS FORUM
General Categories => Laws and Legislation => Topic started by: Coyote Dan on January 14, 2009, 07:49:28 PM
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The local city attorney in Hastings is still misinterpreting the law as he feels fit. This was his latest response to Attorney General Bruning's words on concealed carry:
Bob Sullivan is the city attorney for Hastings. He said Bruning's opinion is just that - an opinion.
However, Sullivan does recognize the Attorney General's opinion can be persuasive.
He thinks senators may have to re-evaluate the law.
He does not believe cities will have to change their bans, but said Bruning's opinion could be influential in court.
"We are still allowed to proceed with the ordinances we have in place. If those are challenged at any time the court will look at the issue and take into consideration his opinion on an issue," said Sullivan.
Sullivan said other cities with the ban may also revaluate it.
He said it will be up to city leaders in Hastings to decide what to do here.
That last comment is what gets me. "it will be up to city leaders in Hastings to decide what to do here". I suppose over riding current permit holders is fair game... ???
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Disgusting.
Oh well, it's a very good reason not to do business in Hastings.
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NFOA Board of Directors: my apologies in advance if I am not aware of initiatives from the NFOA already taken re this issue, but is there anything happening on this front? Again, sorry if I missed a thread somewhere on this.
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IIRC, The Board was behind Christensen's bill to codify preemption. However, rumor has it Christensen won't be introducing that bill since the AG released his opinion.
The Board is generally very much in favor of preemption for CCW statutes.
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Thanks, Rich B, for the info.
Actually sad to hear, though, that perhaps Sen Christensen et al are game on just sitting back on the laurels of the AG's legal opinion. Hey, I'll take the AG's legal opinion at this point as a tactical victory because of the short-term gain of the AG's opinionated clarification...but the longer-term strategical victory will only come with legislation.
Are there any friendly nudges being made on Sen Christensen et al as a collective group? Or any suggestions that any of us can do individually...without upsetting the apple cart, so to speak?
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Are there any friendly nudges being made on Sen Christensen et al as a collective group?
NFOA has been in contact with Sen. Christensen and other unicameral legislatures.
The NE Atorney General just released his professional opinion on Wed. I believe.
There are a few days left for bill introductions. First bill introduction day was Jan.8th and the last day I believe is Jan.22. Ten day bill introduction period.
By all means feel free to write the Senators on your behalf.
Blanket emails generally do not get much attention. I recommend making any contact more personal, get to know there home town previous voting record etc..
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FWIW, I sent Sen. Christensen a short e-mail politely asking him to introduce preemption legislation.
When contacting Senators, do your best to be concise and polite.
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Thanks, Randy and Rich B.
I just sent out e-mails to all of the Senators (see below). Short, polite, and to the point re the need for preemption legislation.
I hear ya, Randy, re blanket e-mails. But I did that the last time when it was urgent to send e-mails to senators re LB 958 at that time, and I was surprised at the number of senators out of my district who wrote back to me...and at least I found out directly from them where they stood.
At the same time, those folks have no idea if I have relatives or friends in their districts who would have a vote for/against them in their re-election bids. So, I wanted them to know where I stood politically on this preemption issue.
- Dear Senator xxxxxxxxxxxxx,
As you are well aware, there are several NE cities who have their respective city ordinances that do not honor the NE Concealed Handgun Permit Act, with Omaha being the most restrictive.
The recent ?legal opinion? of the NE Attorney General may appear to clarify the intent of the NE Concealed Handgun Permit Act, but, unfortunately, as noted in the various newspaper reports, these particular cities are only regarding the NE Attorney General?s opinion as just that?.an opinion. A subsequent NE Attorney General could just as easily render a different ?legal opinion?.
It would be greatly appreciated if you and your colleagues would introduce and advocate for legislation this current session regarding ?preemption? for NE citizens who have the NE concealed handgun permit.
Respectfully,
xxxxxxxxxxxxx
Lincoln
District 26
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Aldo' any letter is a good letter, good job.
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Hey, maybe there is still hope for this session! This is a response that I just received from Sen. Tony Fulton re my earlier sent e-mail, although he does say "this year" and not "this session":
- Ron,
Thank you for the email. I believe Sen. Christensen is introducing such legislation this year as he sits on the Judiciary Committee. I will be supportive - assuming it makes it before me on the Floor.
Thanks again for your advocacy.
Tony
Senator Tony Fulton
Nebraska Legislature, District 29
Office 2107
402-471-2734
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Well, as thought, not all Senators are on Board, as you can see from this one's reply (who is one of the Omaha legislators), and her perception is that the ccw bill's proponents said it was okay for local stricter laws:
"My district overwhelmingly opposed passage of this law and I did not vote for it. During that debate, it was made clear by the proponents that local communities would have the right to decide whether they wanted stricter laws like the City of Omaha. I continue to support that local control.
I appreciate your writing.
Sincerely,
Gwen Howard
State Senator"
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What was said by Jeanne Combs during the debate and afterward was that the intent of the bill was to preempt local law, thus the wording referred to by Jon Bruning, that a permit was good anywhere in the state. Just because the anti's wanted local control doesn't mean they get it when the law says otherwise...kinda like rope a dope
Law has questionable reach
Thursday, Apr 06, 2006 - 12:59:49 pm CDT
The Associated Press
LINCOLN - They smiled and shook hands and exchanged congratulations.
But those supporting a bill signed into law Wednesday that will allow Nebraskans to carry concealed weapons turned serious when reminded that the law apparently will allow cities to ban concealed weapons.
“That remains to be seen,” said Sen. Jeanne Combs of Milligan, a member of the National Rifle Association and sponsor of the concealed weapons measure (LB454).
The law says a permit to carry a concealed weapon “is valid throughout the state” and that “a permitholder may carry a concealed handgun anywhere in Nebraska.”
But it also lists exceptions, including “any other place or premises where handguns are prohibited by law or rule or regulation.”
Other sections of state law set the powers of cities allow communities to ban concealed weapons.
One section, for example, says “A primary city may prohibit riots, routs ... prevent use of firearms, rockets, powder, fireworks or other dangerous and combustible material; prohibit carrying of concealed weapons.”
And nothing in Combs' measure would repeal those other statutes.
“It is absolutely clear that any city can adopt an ordinance prohibiting concealed weapons,” said Sen. Pat Bourne of Omaha, chairman of the Judiciary Committee. “The bill does not include a pre-emption precluding them from doing that. There is no question whatsoever.”
Sen. Ernie Chambers of Omaha, who also serves on the committee, cited another section of law that gives Omaha the right to ban concealed weapons, which it did years ago.
“There's nothing in the law that was passed that would take that away,” Chambers said. “That law itself continues to underscore what the cities can do.
“Any village, city or body that can pass laws, ordinances or regulations would be allowed to do that,” Chambers said.
If Bourne and Chambers prove right, that would mean that about one-fourth of all Nebraskans - those living inside Omaha's city limits - are already precluded from carrying concealed weapons despite the new law, which goes into effect Jan. 1.
Other cities, including Kearney, also ban concealed weapons.
Mark Bowen, chief of staff of Lincoln Mayor Coleen Seng, would not say if she will push for a concealed weapons ban.
“We followed the bill - we've been aware of the debate,” he said. “We will take a look at the final wording and see where we go from there.”
Supporters have tried to get a concealed weapons bill passed since 1996.
And until 1999, the proposal had language that revised the wording in other areas of state statute to remove the right of cities to enact such bans.
Combs said she did not know why the language was not included in her bill.
Counting Nebraska, 40 states have so-called “right to carry” laws, according to the National Rifle Association. Eight have limited concealed-weapons laws.
Illinois and Wisconsin do not allow concealed weapons.
Supporters argue that being able to carry concealed weapons is a constitutional right. And they say the bill would merely put guns in the hands of law-abiding citizens who want to protect themselves against bad guys who already carry weapons.
Opponents argue that allowing concealed weapons would lead only to the potential for more violence.
The bill requires applicants for a concealed-weapon permit to pass a background check and complete a handgun training and safety course. The permit will cost $100 and be valid for five years. Convicted felons will not be allowed permits.
Concealed weapons will not be allowed in a variety of places, including bars, police stations, public meetings, athletic events, schools, churches, hospitals and banks. Signs also could be posted prohibiting the carrying of concealed weapons in other locations.
It is estimated that licenses could be granted to more than 64,000 people in Nebraska.
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That article from 2006 shows that many anti gun lawmakers had mis-overestimated their power to ban CCW in spite of State Law. Perhaps they should have asked for an Attorney Generals opinion back then, But me thinks they were afraid of what they might find
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So, where do you believe that this leaves us, Dan?
Has anyone been in contact with Sen. Christensen pertaining to his intentions on a bill introduction?
I just hate things being in limbo like this.
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So, where do you believe that this leaves us, Dan?
Has anyone been in contact with Sen. Christensen pertaining to his intentions on a bill introduction?
I just hate things being in limbo like this.
Farmer Rick, The e-mail that I sent to all NE Senators (individually, not as a bulk) included Sen Christensen. Only two of them responded between yesterday and today, probably because of the holiday today. If I hear anything else, I'll send the responses along, especially one from Sen Christensen.
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I'll probably just call his office tomorrow morning, I'll update if I get any info as well.
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So, where do you believe that this leaves us, Dan?
Has anyone been in contact with Sen. Christensen pertaining to his intentions on a bill introduction?
I just hate things being in limbo like this.
I emailed a request to carry on, but I have not received a reply