NFOA MEMBERS FORUM
General Categories => Laws and Legislation => Topic started by: FarmerRick on November 02, 2009, 08:28:40 AM
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This is on the agenda for tomorrows Omaha City Council meeting.
http://www.cityofomaha.org/cityclerk/images/stories/agenda/a09-11-03.pdf (http://www.cityofomaha.org/cityclerk/images/stories/agenda/a09-11-03.pdf)
50.
Res. that at the request of the Administration, the legislative package of the City of Omaha for the Second Session of the One-Hundred and First Legislature of the State of Nebraska shall include a proposal to make a first offense violation of the concealed carry law a felony ? see attached. ((PUBLIC HEARING TODAY ? CAN BE ADOPTED TODAY))
Text of proposal of law change: http://www.cityofomaha.org/cityclerk/images/stories/agenda/ID%2009_11_03/City%20Council/1262.pdf (http://www.cityofomaha.org/cityclerk/images/stories/agenda/ID%2009_11_03/City%20Council/1262.pdf)
And so it begins.... :angry9:
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Maybe I missed something here. But isnt this just a proposal that could or will be sent to Lincoln for debate there? If so its time once again to contact our reps down there and also the ones in Omaha.
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Maybe I missed something here. But isnt this just a proposal that could or will be sent to Lincoln for debate there? If so its time once again to contact our reps down there and also the ones in Omaha.
Yes.
I talked to Huskergun a bit ago, he and I both think that the Mayors Against Illegal Guns could be behind the idea as it is recommended by the "administration"(Mayor's office).
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But remember Mayor Suttle says he supports your 2nd Amendment rights. Right? uh . . . right.
I did read this as coming from the Mayor's office, and I too believe that MAIG is behind it. Too bad we have a puppet as Mayor.
-Rod
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Well, it's not the most eloquent, but I've already contact my city councilman.
Mr. Gernandt,
I think this resolution is horrible and request you vote against it.
There are some crimes that should be considered a felony for a 1st offense. This is not one of them. Doing nothing other than carrying a concealed weapon should not even be a crime, never mind a felony.
I'm sure you're aware that a knife with a blade longer that 3.5 inches is considered a weapon. And, that every person in a vehicle could be charged with a crime if a weapon is found in the vehicle.
Now, wouldn't you hate to lose all your rights because you went hunting with a buddy and he had a 3.6 inch skinning knife in his glovebox?
I've heard it before, and I'm sure I'll hear it again, that this resolution isn't for that situation. It's for all the gun violence that's occurring. If that's the case, then submit a resolution that targets (no pun intended) the gun violence. I'm sure you've heard the phrase "Unintended Consequences".
I'm sure this resolution is being submitted to combat the ever increasing violence that's occurring in Omaha. But, honestly, that's an Omaha problem, not a Nebraska problem. I don't think the State should really concern itself with this.
I have no faith in Mayor Fahey and his ability to fix this issue. You, on the other hand, are a retired law enforcement officer. I'm sure you can come up with better ideas than the administration without infringing on the rights of law abiding citizens.
Just as an aside, does it seem to you like it's becoming more and more difficult to be a "law abiding" citizen when there are laws being put on the books every single day?
Anyway, I just wanted to give you my 2 cents and recommend that you vote against this resolution.
Thanks,
xxxxxx
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Good letter Warhorse! Only problem I have with it is the Suttle is the mayor not Fahey.
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Doh! I'm an idiot. ;D Hopefully he'll "overlook" that. ::)
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So what was the outcome of the council meeting? I did not see anything on the news or the councils website.
Is there a local reporter who is pro-gun who should know about this?
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Just looking at the laws and its not just a knife over 3.5 inches.
28-1202. Carrying concealed weapon; penalty; affirmative defense.
(1)(a) Except as otherwise provided in this section, any person who carries a weapon or weapons concealed on or about his or her person, such as a handgun, a knife, brass or iron knuckles, or any other deadly weapon, commits the offense of carrying a concealed weapon.
(b) It is an affirmative defense that the defendant was engaged in any lawful business, calling, or employment at the time he or she was carrying any weapon or weapons and the circumstances in which such person was placed at the time were such as to justify a prudent person in carrying the weapon or weapons for the defense of his or her person, property, or family.
(2) This section does not apply to a person who is the holder of a valid permit issued under the Concealed Handgun Permit Act if the concealed weapon the defendant is carrying is a handgun.
(3) Carrying a concealed weapon is a Class I misdemeanor.
(4) In the case of a second or subsequent conviction under this section, carrying a concealed weapon is a Class IV felony.
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I meant to add this definition -
28-1201. Terms, defined.
(5) Knife means any dagger, dirk, knife, or stiletto with a blade over three and one-half inches in length or any other dangerous instrument capable of inflicting cutting, stabbing, or tearing wounds
So most anything could be considered a knife. It a huge stretch but, if I didn't trim my nails for week and kept my hands in my coat pockets, I would be carrying a concealed weapon.
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Apparently it was amended - the new motion makes little sense in light of LB430...
I'm at work and busy. Maybe it will make more sense when I get a change to read it later.
The amendment:
http://www.cityofomaha.org/cityclerk/images/stories/journal/ID%2009_11_03/City%20Council/1262a.pdf
/rl
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Well at least that way they are directing it toward the criminals carrying with out a permit, rather than law abiding folks.
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Maybe, but the state CCW law only applies to permit holder who can no longer be charged under local CCW laws.
I think they just wanted to make themselves feel good....
/rl
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Basically the city council wants the legislature to make the offense of carrying a concealed weapons FIRST OFFENSE a FELONY (currently a misdemeanor).
This issue has nothing to do with a law abiding concealed handgun permit holder.
However if legislation such as this does happen, which it will.... We will need to watch closely how it is worded.
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So this proposed law would make it very easy to be charged with a Felony just because of a minor infraction of the Nebraska Handgun Permit Act?
What a bunch of Bureaucracy Bull.
Members we need to monitor this one closely and be prepared to act accordingly by contacting all representatives involved..
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No a minor infraction of the concealed handgun permit, would get you charged with that offense.
If you were carrying without a permit illegally, this proposal would mean you would be charged with a felony rather than a misdemeanor
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Thank you for the clarification.
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Reading the City Council minutes it looks like Mr. Gernandt was the sole vote against the proposal.
CCID # 1262 ? Motion by Jerram that the Resolution be placed on file
Seconded by Gray
ROLL CALL:
Yeas: Festersen, Gray, Jerram, Stothert, Thompson
Nay: Mr. President
Absent: Sigerson
Motion Carried 5-1
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We need to watch this and make sure the bill is worded the right way.
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We need to watch this and make sure the bill is worded the right way.
Or, make sure it does not get out of committee...or even introduced.
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So it'd be a felony to carry a pocket knife? Yikes.
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So it'd be a felony to carry a pocket knife? Yikes.
Depends upon who you are: the prosecuting attourney could try his luck on you and your pocket knife, and or decline to charge someone who is connected or related to someone who is connected....... and you thought Chicago Politics was only a Chicago Thing.
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Only if your pocket knife has a blade of 3.5" or greater
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There is an interesting annotation to the 28-1202. Carrying concealed weapon; penalty; affirmative defense.
When a person is charged with violation of this section, the State need not prove that a revolver or gun is operable in order to establish that it is a "firearm". The test is whether evidence of possession of a revolver or gun of prohibited description, which is in apparently good condition and has the characteristics and appearance commonly understood to be those of the firearm it purports to be, is prima facie evidence sufficient to go to the trier of fact in a prosecution for carrying a concealed weapon. In re Interest of Cory P., 7 Neb. App. 397, 584 N.W.2d 820 (1998).
So as stupid as this sounds, but kids do stupid things. A kid who carries some form of a replica gun to look 'cool', could be charged with a concealed carry and it is up to the prosector wether or not it is a felony or a misdemeanor?
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Or, make sure it does not get out of committee...or even introduced.
+1
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Only if your pocket knife has a blade of 3.5" or greater
This is where things get hairy. Knives of all shapes and sizes are for sale. What happens when a hunter straps on a 6" or 8" knife, puts a coat on, and gets pulled over for 6 over the limit? Or if he stops for a cup of coffee, his coat flaps open and a cop sees the previously concealed knife?
Just like the concealed weapons laws of the past that were aimed at disarming minorities and immigrants, enforcement of the proposed Omaha/state law can and will spread to law-abiding citizens.
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I don't necessarily have a problem with this at face value. If does make someone think twice about carrying illegally then it's probably a good thing. We, in general complain about enforcement and making the punishment fit the crime, why not a felony? I have more of an issue of the legality of Omaha's registration of hand guns and CCW than the current issue at hand.
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Making the carrying of a concealed weapon a felony on first offense should NEVER become law. Carrying a weapon alone hurts no one therefore there is no justification here for a felony. This proposal is outrageous and a direct attack on our 2nd Amendment rights. If we make this a felony this law will get in the way of any future attempts to remove the requirement to have a permit in order to carry concealed as it is in the States of Vermont and Alaska. Making it a felony for carrying concealed on first offense is a big mistake. A felony should only apply to violent crimes and this is not such. Felonies ruin peoples lives and should only be charged in cases of extreme criminality.
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Making the carrying of a concealed weapon a felony on first offense should NEVER become law. Carrying a weapon alone hurts no one therefore there is no justification here for a felony. This proposal is outrageous and a direct attack on our 2nd Amendment rights. If we make this a felony this law will get in the way of any future attempts to remove the requirement to have a permit in order to carry concealed as it is in the States of Vermont and Alaska. Making it a felony for carrying concealed on first offense is a big mistake. A felony should only apply to violent crimes and this is not such. Felonies ruin peoples lives and should only be charged in cases of extreme criminality.
Making the carrying of a concealed weapon a felony on first offense should NEVER become law. Carrying a weapon alone hurts no one therefore there is no justification here for a felony. This proposal is outrageous and a direct attack on our 2nd Amendment rights. If we make this a felony this law will get in the way of any future attempts to remove the requirement to have a permit in order to carry concealed as it is in the States of Vermont and Alaska. Making it a felony for carrying concealed on first offense is a big mistake. A felony should only apply to violent crimes and this is not such. Felonies ruin peoples lives and should only be charged in cases of extreme criminality.
Alaska now has a concealed carry permit. Although a permit is not needed IN Alaska, residents can obtain one so that they can carry in other states.
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A felony should only apply to violent crimes and this is not such.
I Agree................... but if you are not looking to get hired to a decent job, and don't care to legally own a firearm, just what exactly is the downside of having a felony? Felons can vote in this state, and can get the same welfare check as the next guy....
I have said it before and I will say it again:
There ain't enough distance between a pat on the back and a kick in the pants these days.