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General Categories => Laws and Legislation => Topic started by: Chuck Matson on June 03, 2012, 08:53:23 AM

Title: North Platte city parks and Ord. 93.05
Post by: Chuck Matson on June 03, 2012, 08:53:23 AM
Hi, firstly I would like to thank Dan W. for all his help and insight. I would also like to thank Andy for all he has done, and all he continues to do.

Back in 2010, I decided to send a contribution to the second amendment march that was to happen that April. After doing so , I was asked by the folks involved with arranging the D.C. March if I would be a coordinator here in NE. I respectfully declined for several reasons, one I felt that such a position should come from the larger population area of my state. More people= more turnout. That being said, I finally told those folks I would do all I could to assist with donations, and I might even have a march of my own.

I went to city hall here in NP to check on ordinances and laws prior to deciding if I would have a open carry picnic across the street from where I live at Saint Mary`s park. Wanting to be within the law, I went to city hall. I was told by the Mayor and city administrator, they were not aware of any ords. or laws preventing my carry picnic, but just to make sure, they called in the city atty. The city atty assured me no ord. or law prevented me from doing so. Unfortunately or maybe by luck, I was not able to arrange the get together because of weather and the window of opportunity because of my job.

Fast forward to about a month and a half ago. While visiting the NFOA site. I went to the unfriendly business section. Much to my surprise, there was North Platte city parks etc. as you can see on that forum, that was the beginning of a little struggle. I will not mention a name at this time, because the ball is rolling as I write this. A agreement was reached between myself , and this person that the city ordinance had no validity. And, that open carry, and concealed carry was legal because of amended laws that had recently been fought for by many on this sight and elsewhere.

I will say after said agreement, signs were placed in two of our parks entrances, 69-2441, and they were zip-tied paper signs. I was at work when I was made aware of this, and needless to say, my blood immediately went to boil! Come Monday morning, I will have some info coming to me from inside. I will leave it at that for now.

Several people from my local gun club have offered their assistance in this soon to be all out challenge, and I`m glad for that. Flying solo sucks! I will keep posting here as things progress. Thanks to all of you for your dedication to the NFOA!

P.S my spell check is not working, and my spelling sucks also!  ;D
Title: Re: North Platte city parks and Ord. 93.05
Post by: NE Bull on June 03, 2012, 08:48:38 PM
ChuckM, please keep us informed on how this 'fight' goes.
I take it after you spoke to them, they posted the parks as Free Crime Zones?
I have learned thru work, that sometime it's best not to bring things up for clarification, as you may not like the results. Not that you did anything wrong, but it sounds like bringing the issue to their attention resulted in them posting to appease someone that got scared.
Title: Re: North Platte city parks and Ord. 93.05
Post by: omaharj on June 04, 2012, 08:15:20 AM
Allright!! I like fighting!! Ya need money to make those responsible suffer? I can come up with $50. PM me with where to send it.   RJ
Title: Re: North Platte city parks and Ord. 93.05
Post by: AAllen on June 04, 2012, 08:23:37 AM
Chuck you are talking about something we are working on a statewide level.  Basically the question is:

Can a City enact through administrative policy things that they can not enact through Legislation?

I have a formally written question I have been trying to get a Senator to ask of the AG's office, so far without any luck.  That would need to be the first step, after that would be lawsuit or a request for clarifying legislation.  I have had a couple of Senators that have wanted us to jump directly to the lawsuit, but I hate spending money on Lawyers if it can be avoided.
Title: Re: North Platte city parks and Ord. 93.05
Post by: cracked junior on June 04, 2012, 10:24:39 AM
I live in North Platte.  I first noticed the signs in cody park on thursday.  When the family went for ice cream at the concession stand.  I took a picture on my phone and sent to several people I know who have chps.  most replied whats that about and screw the park then.  a few thought it was because of the softball fields and tennis courts and falling under sporting events.   cody park is located in the north part of town.  next to the north platte river.   It has camping spots,  pool,  Frisbee golf,  union pacific locomotive displays, softball fields, tennis courts,  concession stands,  covered picnic areas.   

it is weird that its laminated paper or in plastic sleeve and zip tied to several posts around the park. 

I have been meaning to post this but I don't get a lot of computer time. I search internet on my smart phone a lot.  After seeing this thread i got on computer.

I have tried twice to post the picture but it keeps saying file is too large.  Is there another way to post it?  I can post to facebook easy enough. 
Title: Re: North Platte city parks and Ord. 93.05
Post by: RLMoeller on June 04, 2012, 10:32:43 AM
Zip tied?  In a plastic sleeve?  Sounds like vandals to me! 
Title: Re: North Platte city parks and Ord. 93.05
Post by: cracked junior on June 04, 2012, 10:37:02 AM
One more thing.  A friend that I sent the picture too.  Text me saturday night.  He said in the shooting range newsletter.  The north platte police are not going to enforce the ban.   But I don't want to be a guinea pig on this.
Title: Re: North Platte city parks and Ord. 93.05
Post by: OnTheFly on June 04, 2012, 10:59:43 AM
I have tried twice to post the picture but it keeps saying file is too large.  Is there another way to post it?  I can post to facebook easy enough. 

If you can upload them to an online photo storage website such as photobucket.com, you can just post a link to the picture in your post.

Fly
Title: Re: North Platte city parks and Ord. 93.05
Post by: Dan W on June 04, 2012, 12:01:23 PM
I am sorry but this free site just can not afford to buy  the bandwidth to host huge pictures
Title: Re: North Platte city parks and Ord. 93.05
Post by: OnTheFly on June 04, 2012, 12:52:45 PM
I am sorry but this free site just can not afford to buy  the bandwidth to host huge pictures

Does linking to pictures on Photobucket or the like cost us bandwidth?

Fly
Title: Re: North Platte city parks and Ord. 93.05
Post by: Dan W on June 04, 2012, 02:25:27 PM
Does linking to pictures on Photobucket or the like doesn't cost us bandwidth?

Fly

NO

but it does require limiting the attachments size
Title: Re: North Platte city parks and Ord. 93.05
Post by: cracked junior on June 04, 2012, 04:22:32 PM
(http://i107.photobucket.com/albums/m285/crackedjunior/2012-05-31_16-00-13_149.jpg)
Title: Re: North Platte city parks and Ord. 93.05
Post by: NE Bull on June 04, 2012, 05:14:41 PM
That's pretty classy right there.
Title: Re: North Platte city parks and Ord. 93.05
Post by: bullit on June 05, 2012, 07:56:41 AM
They are complying with the the law as tacky as it looks.....
Title: Re: North Platte city parks and Ord. 93.05
Post by: Husker_Fan on June 05, 2012, 09:06:43 AM
Bullit,

It's not entirely clear that they are. Neb. Rev. Stat. 69-2441(1)(a) says "entities" can post the property in their control.  That probably included cities and towns originally, but  Neb. Rev. Stat. 18-1703 was modified to prohibit the regulation of possession by a CHP holder.

"Cities and villages shall not have the power to regulate the ownership, possession, or transportation of a concealed handgun, as such ownership, possession, or transportation is authorized under the Concealed Handgun Permit Act, except as expressly provided by state law...."

The question is whether or not 69-2441(1)(a) expressly gives cities and villages the authority to post public property.  I don't think it does.
Title: Re: North Platte city parks and Ord. 93.05
Post by: cracked junior on June 05, 2012, 09:39:38 AM
I thought of something.  I know its crazy with me thinking.   Are other cities going to see north platte posting and follow with posting their own parks? 
Title: Re: North Platte city parks and Ord. 93.05
Post by: JTH on June 05, 2012, 10:27:16 AM
I thought of something.  I know its crazy with me thinking.   Are other cities going to see north platte posting and follow with posting their own parks? 

Many already do---including places like Plattsmouth (town a little south of Omaha).  The question is, is it legal?

After all, the state preemption wording specifically says that cities and such cannot regulate the carry, possession, or purchase of firearms by CHP holders.  Cities have said "but we can post places that we own!" and yet....that has been struck down elsewhere.

http://nraila.org/news-issues/news-from-nra-ila/2012/washington-supreme-court-puts-an-end-to-gun-ban-in-seattle-parks.aspx (http://nraila.org/news-issues/news-from-nra-ila/2012/washington-supreme-court-puts-an-end-to-gun-ban-in-seattle-parks.aspx)

When taken to court:  "In response, the city claimed the ban wasn’t a "law" or a criminal regulation, and that it was acting in its "proprietary capacity" as a property owner."   ---and they LOST.

I'm thinking that "public lands" aren't exactly owned by the city, though they are administered by the city.  And it'll probably take a lawsuit with some poor guinea pig to get posted city parks done away with.  :(

Other discussions:  http://www.examiner.com/article/ohio-supreme-court-case-strengthens-arkansas-preemption-law (http://www.examiner.com/article/ohio-supreme-court-case-strengthens-arkansas-preemption-law)
Title: Re: North Platte city parks and Ord. 93.05
Post by: Husker_Fan on June 05, 2012, 10:42:22 AM
I read the Washington opinion and, while that's the result we want, the statutes are worded quite differently.  I think there is a good chance that posting as a property owner is not something a city or village can do as applied to CHP holders.  They can, however, still ban open carry.

What we need is a blanket preemption clause rather than just preemption for CHP holders.
Title: Re: North Platte city parks and Ord. 93.05
Post by: bullit on June 05, 2012, 11:41:09 AM
Husker_Fan...  you raise an interesting perspective.  Some examples I am familiar with...a few volunteer fire departements that post no carry.  Ceresco village hall posts no carry...  interesting, interesting.....
Title: Re: North Platte city parks and Ord. 93.05
Post by: Chuck Matson on June 07, 2012, 05:38:43 AM
One more thing.  A friend that I sent the picture too.  Text me saturday night.  He said in the shooting range newsletter.  The north platte police are not going to enforce the ban.   But I don't want to be a guinea pig on this.
If you read the news letter from the prsc club, it stated the deputy cheif was awaiting a memo about 93.05. They are posting a state statute now.
Title: Re: North Platte city parks and Ord. 93.05
Post by: Chuck Matson on June 07, 2012, 05:51:52 AM
Sorry for the delay in posting. Have been getting the run around lately! Have a appointment with the Mayor this morning. Looking more likely this is the work of one person in a lofty office. Will post when more info is known. Thanks
Title: Re: North Platte city parks and Ord. 93.05
Post by: Husker_Fan on June 07, 2012, 07:19:05 AM
Thanks for being persistent.
Title: Re: North Platte city parks and Ord. 93.05
Post by: Husker_Fan on June 07, 2012, 07:24:46 AM
Husker_Fan...  you raise an interesting perspective.  Some examples I am familiar with...a few volunteer fire departements that post no carry.  Ceresco village hall posts no carry...  interesting, interesting.....
Under the statute, I think they can ban carry in areas that are otherwise off limits to CHP holders. That may include the Village Hall (if it has a courtroom or there is a government board meeting going on).
Title: Re: North Platte city parks and Ord. 93.05
Post by: gibbs459 on June 12, 2012, 07:06:56 PM
Well Chuck, whats happening with this? Last I looked the signs are still up. What did the Mayor have to say?
Title: Re: North Platte city parks and Ord. 93.05
Post by: Chuck Matson on June 14, 2012, 10:42:35 AM
Well Chuck, whats happening with this? Last I looked the signs are still up. What did the Mayor have to say?
In a nut shell, I got tossed under the bus! But thats okay, I have contacted city council members who are not happy with being left out of this process. I will also be speaking at the end of the city council meeting on the 19th. The meeting is at 5:30 instead of 7:30 normal time. Attn. all North Platte folks. If you live inside the city limits of North Platte, please attend meeting. I have been told many plan to show. I also had a nice talk with the individual who is running against Mayor Kaschke. Dewight Livingston. His Wife is a concealed permit holder. As things progress, will let you know. Thanks
Title: Re: North Platte city parks and Ord. 93.05
Post by: cracked junior on June 14, 2012, 03:46:01 PM
I never know who to vote for mayor.  They pretty much say the same lies with lowering taxes.   But if livingston wife has permit.   I might just vote for him.     I was driving around waiting for appt.  The signs are still up.  A  few have rain damage.  Ink is smeared.   
Title: Re: North Platte city parks and Ord. 93.05
Post by: Chuck Matson on June 14, 2012, 06:00:32 PM
I never know who to vote for mayor.  They pretty much say the same lies with lowering taxes.   But if livingston wife has permit.   I might just vote for him.     I was driving around waiting for appt.  The signs are still up.  A  few have rain damage.  Ink is smeared.   
Got guys generating lists of names who are not happy  with this. If you live in np, be at city council  meeting  at 5:30 on the 19th.
Title: Re: North Platte city parks and Ord. 93.05
Post by: bullit on June 14, 2012, 06:43:36 PM
Try and get SEN Hanson on board.
Title: Re: North Platte city parks and Ord. 93.05
Post by: Chuck Matson on June 15, 2012, 12:01:01 AM
Try and get SEN Hanson on board.

Already talked to his office. I even called the NRA-ILA and asked them to see if Toby Keith would say something about it at his concert on the 22nd. He being a concealed carry supporter! A quick little jab would go a long way! Trying to cover every angle I can. Thanks bullit.
Title: Re: North Platte city parks and Ord. 93.05
Post by: cracked junior on June 15, 2012, 12:52:04 AM
I went to the rodeo tonight.  I was surprised not to see any signs up.   I think rodeo would fall under sporting event.    I wasnt packing since i was planning on drinking but at 5 bucks a beer.  I had one.  . 

I will try to make the meeting.  And tell others.   
Title: Re: North Platte city parks and Ord. 93.05
Post by: Chuck Matson on June 15, 2012, 08:40:49 AM
I went to the rodeo tonight.  I was surprised not to see any signs up.   I think rodeo would fall under sporting event.    I wasnt packing since i was planning on drinking but at 5 bucks a beer.  I had one.  . 

I will try to make the meeting.  And tell others.   
Also, contact your city council person. Ask them to support removal of signs. We need one more to side with us. Please have others contact theirs also. Ask those you enlist to be calm but firm when speaking about your concealed carry rights. It helps to have some talking points already written down prior to the call. Thanks
Title: Re: North Platte city parks and Ord. 93.05
Post by: birddogne on June 15, 2012, 02:58:56 PM
Live outside of town by the lake, but will still try to make the meeting.
Title: Re: North Platte city parks and Ord. 93.05
Post by: cracked junior on June 15, 2012, 06:58:46 PM
Theres a text message going around with the ward council members information.   I think i can make it if i remember to wake up.  Midnight worker here.   Just have to remember to tell everyone no carrying at the meeting.
Title: Re: North Platte city parks and Ord. 93.05
Post by: Chuck Matson on June 15, 2012, 11:44:45 PM
Theres a text message going around with the ward council members information.   I think i can make it if i remember to wake up.  Midnight worker here.   Just have to remember to tell everyone no carrying at the meeting.
I`m glad that text made it around. Trying to get everyone to call their city councilman. My phone number is 308-650-0745. Hope you and others can make the meeting. Send me a text if you have any questions. Chuck
Title: Re: North Platte city parks and Ord. 93.05
Post by: Chuck Matson on June 15, 2012, 11:49:34 PM
Live outside of town by the lake, but will still try to make the meeting.
Hope to see you there.
Title: Re: North Platte city parks and Ord. 93.05
Post by: bkoenig on June 16, 2012, 07:02:23 AM
I live in Lincoln so I won't be there to support you guys, but I just wanted to say it sounds like you're doing a great job.  Keep up the good work.
Title: Re: North Platte city parks and Ord. 93.05
Post by: omaharj on June 16, 2012, 11:27:20 AM
I've thought about going. I'd have to leave Omaha around 1pm and get back real late. If a couple others wanted to go and share gas expenses,I have a Taurus with ice cold A/C. If I was the only one from eastern Ne. interested,I may bail out. Perhaps, if the North Platte government sees they are drawing statewide attention,they may be a little less cavalier.  RJ

 If anyone else wanted to go,but would prefer driving,I'd help with the fuel.
Title: Re: North Platte city parks and Ord. 93.05
Post by: cracked junior on June 17, 2012, 01:22:45 AM
Chuck,  got your number in my phone.   Are there any plans or ideas we need ahead of time?  So we don't show up lost infront of the council.   
Title: Re: North Platte city parks and Ord. 93.05
Post by: Chuck Matson on June 17, 2012, 11:11:25 AM
I've thought about going. I'd have to leave Omaha around 1pm and get back real late. If a couple others wanted to go and share gas expenses,I have a Taurus with ice cold A/C. If I was the only one from eastern Ne. interested,I may bail out. Perhaps, if the North Platte government sees they are drawing statewide attention,they may be a little less cavalier.  RJ

 If anyone else wanted to go,but would prefer driving,I'd help with the fuel.
Thanks for the support from out your way. Of course you are welcome to show, but I would hold off and save the gas! Our overzealous city attorney got a call from the NRA friday! Yes, I gave them a ring. Anyway, he is telling all the city council people who are being bombarded at home that a city parks employee posted the signs! Some serious posturing going on right now! I suspect this will remedy itself soon! If not I will welcome all the help I can get! Thanks!
Title: Re: North Platte city parks and Ord. 93.05
Post by: Chuck Matson on June 17, 2012, 11:30:53 AM
Chuck,  got your number in my phone.   Are there any plans or ideas we need ahead of time?  So we don't show up lost infront of the council.   
If you would like to speak also, I welcome it. We will probably only have a couple minutes each. I`m hoping this may resolve itself as you can see from my reply to omaharj. I still need all of the local people I can get to show up with disgusted looks on their faces!!!! If this does go the way of the trash bin , I want them to think twice before ever trying something like this again! Thanks
Title: Re: North Platte city parks and Ord. 93.05
Post by: Chuck Matson on June 17, 2012, 12:16:54 PM
Chuck,  got your number in my phone.   Are there any plans or ideas we need ahead of time?  So we don't show up lost infront of the council.   
Also, I have that look of the lost all the time! I call it my 10 yard stare in a 5 yard room look! I have mon-tues off. I`m available for a get together on either of those days. Give me a call. Thanks
Title: Re: North Platte city parks and Ord. 93.05
Post by: Chuck Matson on June 17, 2012, 12:22:10 PM
I live in Lincoln so I won't be there to support you guys, but I just wanted to say it sounds like you're doing a great job.  Keep up the good work.
Thanks for the support! Chuck
Title: Re: North Platte city parks and Ord. 93.05
Post by: cracked junior on June 17, 2012, 11:10:30 PM
I have printed off lb430,  state statute 69-2441 as stated on the signs,  north platte ord. 93.05 and the nebraska constitution statement of rights.

That way we have it in writing,   instead of here say.   
Title: Re: North Platte city parks and Ord. 93.05
Post by: Chuck Matson on June 17, 2012, 11:44:52 PM
I have printed off lb430,  state statute 69-2441 as stated on the signs,  north platte ord. 93.05 and the nebraska constitution statement of rights.

That way we have it in writing,   instead of here say.   
You wanna be the go to guy if the telegraph wants to talk to someone? We are organizing a group of 4 or 6 to start vetting future candidates for city offices also. Lots of things on the horizon so this kinda stuff doesn't happen so readily! Tell me if you want to get in on some of this. Will make sure you are involved all you want! Let me know
Title: Re: North Platte city parks and Ord. 93.05
Post by: cracked junior on June 18, 2012, 12:59:35 AM
Never done that before.  Problem is im afraid what i say will get printed wrong.   
Title: Re: North Platte city parks and Ord. 93.05
Post by: cracked junior on June 18, 2012, 02:53:55 AM
I got a email from my council member.    Copy and paste his words.   

 "Unless the council agenda has been ammended since Friday agternoon, there will no vote on this issue Tuesday night. If the issue is not on the agenda, we cannot discuss or vote on it. LB 430 has nothing to do with your issue."

So hopefully it got amended or something.   
Title: Re: North Platte city parks and Ord. 93.05
Post by: Chuck Matson on June 18, 2012, 08:58:16 PM
No more posting on this subject from me till this is over. If anyone wishes to contact me, my text messaging via my phone number I have already put on this site is available. Or you can contact me at chuckmatson@msn.com . Don't mean to be rude. This has to be done. Thanks to all who are supporting this endeavor, Chuck
Title: Re: North Platte city parks and Ord. 93.05
Post by: bullit on June 19, 2012, 07:55:41 AM
Reference state statute 18-1703 cities cannot regulate, etc, etc, etc.  Pretty clear.....
Title: Re: North Platte city parks and Ord. 93.05
Post by: Chuck Matson on June 21, 2012, 09:14:17 PM
Council meeting went well. Will let you know. Thanks
Title: Re: North Platte city parks and Ord. 93.05
Post by: Chuck Matson on June 21, 2012, 10:50:02 PM
www.northplattebulletin.com (http://www.northplattebulletin.com) By the way, mentioned the NFOA during both interviews. Guess I was ignored on that.
Title: Re: North Platte city parks and Ord. 93.05
Post by: NE Bull on June 22, 2012, 07:57:56 AM
Did they really need to list these guy's addresses? that seems dangerous to me.
Otherwise, ya done a good job bringing this to light through all the proper channels. 
Title: Re: North Platte city parks and Ord. 93.05
Post by: sparky on June 22, 2012, 08:06:40 AM
I was thinking the same thing, full name and address.  Where is the common sense?
Title: Re: North Platte city parks and Ord. 93.05
Post by: cracked junior on June 22, 2012, 03:04:16 PM
The bulletin has no common sense.   My neighbor wishes it would close.
Title: Re: North Platte city parks and Ord. 93.05
Post by: Wesley D on June 22, 2012, 03:42:55 PM
Awesome grassroots activism guys! 
Title: Re: North Platte city parks and Ord. 93.05
Post by: Chuck Matson on June 22, 2012, 04:12:45 PM
The bulletin has no common sense.   My neighbor wishes it would close.
Actually  they have treated us pretty fair.
Title: Re: North Platte city parks and Ord. 93.05
Post by: cracked junior on June 23, 2012, 01:05:43 AM
That is true.   The bulletin is good.   Some of the comments are hilarious.   
Title: Re: North Platte city parks and Ord. 93.05
Post by: Ronvandyn on June 23, 2012, 12:10:45 PM
When I started reading this I was thinking the same thing as some others concerning State Statute 18-1703, which states:

 “Cities and villages shall not have the power to regulate the ownership, possession, or transportation of a concealed handgun, as such ownership, possession, or transportation is authorized under the Concealed Handgun Permit Act, except as expressly provided by state law, and shall not have the power to require registration of a concealed handgun owned, possessed, or transported by a permitholder under the act. Any existing city or village ordinance, permit, or regulation regulating the ownership, possession, or transportation of a concealed handgun, as such ownership, possession, or transportation is authorized under the act, except as expressly provided under state law, and any existing city or village ordinance, permit, or regulation requiring the registration of a concealed handgun owned, possessed, or transported by a permitholder under the act, is declared to be null and void as against any permitholder possessing a valid permit under the act.”

Pretty clear to me that a city or chartered village can’t tell us we can’t carry on city / citizen owned property without following proper protocol.  Sounds like a good place to lay the foundation for state-wide removal of these signs on citizen owned property, which includes any city or village property. 

Ron

Title: Re: North Platte city parks and Ord. 93.05
Post by: Chuck Matson on June 23, 2012, 01:06:53 PM
When I started reading this I was thinking the same thing as some others concerning State Statute 18-1703, which states:

 “Cities and villages shall not have the power to regulate the ownership, possession, or transportation of a concealed handgun, as such ownership, possession, or transportation is authorized under the Concealed Handgun Permit Act, except as expressly provided by state law, and shall not have the power to require registration of a concealed handgun owned, possessed, or transported by a permitholder under the act. Any existing city or village ordinance, permit, or regulation regulating the ownership, possession, or transportation of a concealed handgun, as such ownership, possession, or transportation is authorized under the act, except as expressly provided under state law, and any existing city or village ordinance, permit, or regulation requiring the registration of a concealed handgun owned, possessed, or transported by a permitholder under the act, is declared to be null and void as against any permitholder possessing a valid permit under the act.”

Pretty clear to me that a city or chartered village can’t tell us we can’t carry on city / citizen owned property without following proper protocol.  Sounds like a good place to lay the foundation for state-wide removal of these signs on citizen owned property, which includes any city or village property. 

Ron


Got them on record for not including the city council now because of knop interview. Get a chance, take a look. Its online at knoptv2 web site. Thanks for the support.
Title: Re: North Platte city parks and Ord. 93.05
Post by: Chuck Matson on June 23, 2012, 01:12:56 PM
Trying to get some Gals to come forward that have a permit. Think my ugly mug has scared enough Children and small pets.
Title: Re: North Platte city parks and Ord. 93.05
Post by: Dan W on June 23, 2012, 02:49:21 PM
I think the question here boils down to this.

Are city streets and sidewalks fundamentally different from a park, in that a political subdivision could ban valid CHP holders from carrying in one place, while at the same time being prevented from doing so in the other.

I think that these examples are fundamentally the same, and therefore  a city can not ban legal concealed carry in a park any more than they can ban CCW with a valid permit on the sidewalks or streets or any other public areas that are not included in the list of banned places that the state law mandates.
Title: Re: North Platte city parks and Ord. 93.05
Post by: HuskerXDM on June 23, 2012, 06:00:44 PM
I think the question here boils down to this.

Are city streets and sidewalks fundamentally different from a park, in that a political subdivision could ban valid CHP holders from carrying in one place, while at the same time being prevented from doing so in the other.

I think that these examples are fundamentally the same, and therefore  a city can not ban legal concealed carry in a park any more than they can ban CCW with a valid permit on the sidewalks or streets or any other public areas that are not included in the list of banned places that the state law mandates.


If this was Facebook... I would "like" this comment.
Title: Re: North Platte city parks and Ord. 93.05
Post by: Husker_Fan on June 23, 2012, 06:28:38 PM
Plus, the statute lists a bunch of places that are owned by a political subdivision and are off limits.  Places like courthouses and board/council meetings.  Parks are not listed, and the statute doesn't let a political subdivision post anywhere else.  That's my take at least.

I know it's the subject of questions be passed on to the AG.  I hope we're making progress there.
Title: Re: North Platte city parks and Ord. 93.05
Post by: DaveB on June 24, 2012, 08:49:57 PM
Good job Chuck! It appears that the gun owners have been heard in NP.
Title: Re: North Platte city parks and Ord. 93.05
Post by: Chuck Matson on June 25, 2012, 06:57:21 PM
Positive discussion about our cause on am radio program, mugs in the morning today. Possible this will come to a vote July 3rd. Will keep everyone apprised as things progress. Thanks
Title: Re: North Platte city parks and Ord. 93.05
Post by: Chuck Matson on June 26, 2012, 09:10:35 PM
Very good comment at online NP Bulletin. Try to find a editor that is as open minded as George Lauby. Absolutely blown away.
Title: Re: North Platte city parks and Ord. 93.05
Post by: Dan W on June 26, 2012, 10:35:28 PM
Quote
To clarify a couple things... those who address the city council provide their address when they speak & we often report it, though it challenges the reporter, because the speakers don't write their names and addresses down. Also, taking a public stand on a controversial topic takes courage and congeniality. As I worked on this report, Chuck Matson was exceptionally congenial and forthright. Thank you Chuck.

Although it is grim to contemplate, another debate point seems to need to be stated clearly: If a shooter goes on a rampage, the only person who might be capable of stemming a slaughter is a person who is there and carrying a concealed weapon.

Thanks everyone for your civility in discussing this difficult topic.
    Posted by George Lauby    - 6/26/2012 6:12:12 PM
Title: Re: North Platte city parks and Ord. 93.05
Post by: Chuck Matson on June 26, 2012, 11:51:42 PM
Just want everyone to know, however this turns out. I`m grateful, for the good people who have come forward to stand beside me. Some, that I did not know before this endeavor. No man is an island! Chuck
Title: Re: North Platte city parks and Ord. 93.05
Post by: Chuck Matson on July 03, 2012, 09:33:25 PM
Very good city council meeting tonight. Actually, the after meeting was most productive. Things are starting to roll. Getting lots of support. Will post more as things begin to happen!
Title: Re: North Platte city parks and Ord. 93.05
Post by: Chuck Matson on July 07, 2012, 04:04:53 PM
Noticed on the northplattebulletin.com site a person was arrested  after threatening his ex with a 5 inch bowie knife  and doesn't  seem to have been charged  with violating  our precious  93.05 ordinance. Took place in Memorial park.
Title: Re: North Platte city parks and Ord. 93.05
Post by: Chuck Matson on August 03, 2012, 10:48:53 AM
August 7th  North Platte city council meeting will be first reading of amended ordinance 93.05.
Title: Re: North Platte city parks and Ord. 93.05
Post by: Dan W on August 03, 2012, 02:37:07 PM
Chuck , do you have any idea what the language may be?
Title: Re: North Platte city parks and Ord. 93.05
Post by: Chuck Matson on August 04, 2012, 12:55:41 PM
Dan, was gonna copy and paste but alas, it is to big of file. Send me a email @     chuckmatson@msn.com and I will send it to you. Item agenda 7 ordinance number 3851. Thanks
Title: Re: North Platte city parks and Ord. 93.05
Post by: Chuck Matson on August 04, 2012, 01:05:28 PM
Also, can anyone tell me what the vote count was on lb454? How many for and against in final vote? Had it somewhere, cannot find now. Thanks
Title: Re: North Platte city parks and Ord. 93.05
Post by: Dan W on August 04, 2012, 03:30:07 PM
Dan, was gonna copy and paste but alas, it is to big of file. Send me a email @     chuckmatson@msn.com and I will send it to you. Item agenda 7 ordinance number 3851. Thanks

admin@nebraskafirearms.org
Title: Re: North Platte city parks and Ord. 93.05
Post by: Dan W on August 04, 2012, 03:41:10 PM
Also, can anyone tell me what the vote count was on lb454? How many for and against in final vote? Had it somewhere, cannot find now. Thanks


CLOTURE on LB454
Voting in the affirmative, 33:
Baker Cornett Foley Kremer Schrock
Beutler Cudaback Friend Langemeier Smith
Bourne Cunningham Heidemann Louden Stuhr
Burling Engel Hudkins McDonald Synowiecki
Byars Erdman Janssen Pahls Wehrbein
Combs Fischer Jensen Pedersen, Dw.
Connealy Flood Kopplin Redfield

Voting in the negative, 9:
Brown Johnson Price Schimek Thompson
Chambers Mines Raikes Stuthman

Present and not voting, 3:

Excused and not voting, 4:
Aguilar Howard Landis Preister

 

 
On LB454

Voting in the affirmative, 31:
Baker Cornett Friend Louden Stuhr
Bourne Cunningham Heidemann McDonald Synowiecki
Brashear Engel Hudkins Pahls Wehrbein
Burling Erdman Janssen Pedersen, Dw.
Byars Fischer Jensen Redfield
Combs Flood Kremer Schrock
Connealy Foley Langemeier Smith

Voting in the negative, 9:
Beutler Chambers Mines Raikes Thompson
Brown Johnson Price Schimek

Present and not voting, 5:
Cudaback Kopplin Kruse Pederson, D. Stuthman

Excused and not voting, 4:
Aguilar Howard Landis Preister

 
CLOTURE on LB454A

Voting in the affirmative, 36:
Baker Cornett Friend Langemeier Smith
Beutler Cudaback Heidemann Louden Stuhr
Bourne Cunningham Howard McDonald Synowiecki
Brashear Engel Hudkins Pahls Wehrbein
Burling Erdman Janssen Pedersen, Dw.
Byars Fischer Kopplin Pederson, D.
Combs Flood Kremer Redfield
Connealy Foley Kruse Schrock

Voting in the negative, 7:
Chambers Mines Raikes Thompson
Johnson Price Schimek

Present and not voting, 2:
Brown Preister

Excused and not voting, 4:
Aguilar Jensen Landis Stuthman

 
   
VOTING on LB454A

Voting in the affirmative, 32:
Baker Cunningham Heidemann McDonald Smith
Bourne Engel Hudkins Pahls Stuhr
Brashear Erdman Janssen Pedersen, Dw. Synowiecki
Burling Fischer Kremer Pederson, D. Wehrbein
Byars Flood Kruse Raikes
Combs Foley Langemeier Redfield
Cornett Friend Louden Schrock

Voting in the negative, 6:
Chambers Mines Schimek
Howard Price Thompson

Present and not voting, 7:
Beutler Connealy Johnson Preister
Brown Cudaback Kopplin

Excused and not voting, 4:
Aguilar Jensen Landis Stuthman
Title: Re: North Platte city parks and Ord. 93.05
Post by: AAllen on August 05, 2012, 11:54:38 AM
I'm attaching the proposed ordinance change for Chuck, This proposal though a bit wordier than I would have been will do what they are after and I think we should all give it our support.
Title: Re: North Platte city parks and Ord. 93.05
Post by: Chuck Matson on August 06, 2012, 04:07:50 PM

CLOTURE on LB454
Voting in the affirmative, 33:
Baker Cornett Foley Kremer Schrock
Beutler Cudaback Friend Langemeier Smith
Bourne Cunningham Heidemann Louden Stuhr
Burling Engel Hudkins McDonald Synowiecki
Byars Erdman Janssen Pahls Wehrbein
Combs Fischer Jensen Pedersen, Dw.
Connealy Flood Kopplin Redfield

Voting in the negative, 9:
Brown Johnson Price Schimek Thompson
Chambers Mines Raikes Stuthman

Present and not voting, 3:

Excused and not voting, 4:
Aguilar Howard Landis Preister

 

 
On LB454

Voting in the affirmative, 31:
Baker Cornett Friend Louden Stuhr
Bourne Cunningham Heidemann McDonald Synowiecki
Brashear Engel Hudkins Pahls Wehrbein
Burling Erdman Janssen Pedersen, Dw.
Byars Fischer Jensen Redfield
Combs Flood Kremer Schrock
Connealy Foley Langemeier Smith

Voting in the negative, 9:
Beutler Chambers Mines Raikes Thompson
Brown Johnson Price Schimek

Present and not voting, 5:
Cudaback Kopplin Kruse Pederson, D. Stuthman

Excused and not voting, 4:
Aguilar Howard Landis Preister

 
CLOTURE on LB454A

Voting in the affirmative, 36:
Baker Cornett Friend Langemeier Smith
Beutler Cudaback Heidemann Louden Stuhr
Bourne Cunningham Howard McDonald Synowiecki
Brashear Engel Hudkins Pahls Wehrbein
Burling Erdman Janssen Pedersen, Dw.
Byars Fischer Kopplin Pederson, D.
Combs Flood Kremer Redfield
Connealy Foley Kruse Schrock

Voting in the negative, 7:
Chambers Mines Raikes Thompson
Johnson Price Schimek

Present and not voting, 2:
Brown Preister

Excused and not voting, 4:
Aguilar Jensen Landis Stuthman

 
   
VOTING on LB454A

Voting in the affirmative, 32:
Baker Cunningham Heidemann McDonald Smith
Bourne Engel Hudkins Pahls Stuhr
Brashear Erdman Janssen Pedersen, Dw. Synowiecki
Burling Fischer Kremer Pederson, D. Wehrbein
Byars Flood Kruse Raikes
Combs Foley Langemeier Redfield
Cornett Friend Louden Schrock

Voting in the negative, 6:
Chambers Mines Schimek
Howard Price Thompson

Present and not voting, 7:
Beutler Connealy Johnson Preister
Brown Cudaback Kopplin

Excused and not voting, 4:
Aguilar Jensen Landis Stuthman
Thanks Dan.
Title: Re: North Platte city parks and Ord. 93.05
Post by: Chuck Matson on August 08, 2012, 08:07:56 AM
Vote was tabled last evening for amended version of 93.05. We have strong support and it is on record for doing away with ordinance completely. Looks like we have come full circle. I was told months ago I would not have the support base on the council to push for open carry. Sure is looking like we may get "the votes we need to throw out this ordinance! Standing room only! Great turnout! Made some people at the big table a little more humble! ;)   Two weeks and we go at it again.
Title: Re: North Platte city parks and Ord. 93.05
Post by: NE Bull on August 08, 2012, 05:40:27 PM
Good work, folks. THAT's how it's done!
Title: Re: North Platte city parks and Ord. 93.05
Post by: Dan W on August 08, 2012, 08:57:11 PM
I would like to publicly commend you, Chuck,  for efforts that in my opinion epitomize the grass roots activism that the NFOA was formed to support.

(http://i197.photobucket.com/albums/aa61/LJUnaTIC/citizenkane-applause.gif?t=1344477366)
Title: Re: North Platte city parks and Ord. 93.05
Post by: Chuck Matson on August 09, 2012, 10:06:47 AM
Dan, I gotta tell you. I haven`t  been this impressed with so many people since Desert Storm!
Title: Re: North Platte city parks and Ord. 93.05
Post by: Chuck Matson on August 09, 2012, 11:57:33 AM
NE Bull. I first saw your Susan B Anthony quote a couple months ago. Between that and Warren vs DC, I have found there are few better talking points when speaking with Ladies. I have two Grandaughters myself, one is seven and the youngest six mos. Both of my little gals will be instructed in firearms safety and self defense, along with training in Martial Arts. Just wanted to let you know, that quote you have at the bottom, has made a difference. Chuck
Title: Re: North Platte city parks and Ord. 93.05
Post by: Wymore Wrangler on August 15, 2012, 06:50:53 PM
I asked the Chief of Police here in Wymore, also my neighbor, about walking in the City Park, he said no, then I refered him to the quoted 18-1703 Statue....  He and another policeman here in town have refered a couple of people to me about CCW laws and procedures, so just to make sure I went today to the city attorney, and after looking up the statue agreed the park is open, except when football, baseball games or other schools events were happening...
Title: Re: North Platte city parks and Ord. 93.05
Post by: Chuck Matson on August 21, 2012, 09:59:58 PM
North Platte city council meeting tonight. Vote was 6 to 2 in our favor! Another good turnout! Two more votes to go.
Title: Re: North Platte city parks and Ord. 93.05
Post by: Chuck Matson on September 04, 2012, 08:55:46 PM
Second reading tonight. Vote was 6 to 1 for us, Pedersen was gone. One more to go. ;)
Title: Re: North Platte city parks and Ord. 93.05
Post by: Dan W on September 04, 2012, 10:22:38 PM
 8)
Title: Re: North Platte city parks and Ord. 93.05
Post by: Chuck Matson on September 12, 2012, 10:33:55 PM
A volunteer group of us are interviewing potential candidates for council positions! We are asking our candidates specific questions pertaining to the second amendment! We are taking a pro-active approach! We will do everything we can to prevent something like this from happening again during our lifetimes here in NP! We will have cards with our support made up for candidates to hand out. We will be contacting voters with the results! We will also be making contributions toward their successful elections! Thanks NFOA for all your support in helping to make Nebraska the Pro Second Amendment State it should be! C
Title: Re: North Platte city parks and Ord. 93.05
Post by: AAllen on September 13, 2012, 08:31:07 AM
Chuck it is so good to hear from you, remember any assistance I can give you know how to get a hold of me.  My goal on these local issues is to be able to support what the people locally are doing, not step in and try to take control.  If that is simple giving some advise, being a sounding board or getting the NFOA as an organization (rather than members just asking for other members assistance) that is what we will do.

You have no idea how good it feels to see a group of people in a local community step up and take on one of these issues that most of our cities have.  Then to be this successful, it just gives the rest of us the energy and determination to pick up the fight.
Title: Re: North Platte city parks and Ord. 93.05
Post by: Dan W on September 13, 2012, 11:39:26 AM
Quote

You have no idea how good it feels to see a group of people in a local community step up and take on one of these issues that most of our cities have.  Then to be this successful, it just gives the rest of us the energy and determination to pick up the fight.

AMEN!
Title: Re: North Platte city parks and Ord. 93.05
Post by: Chuck Matson on September 18, 2012, 09:08:14 PM
93.05 is toast! Vote was 5 to 2 in our favor! Council member Mcnea was not there. She voted with us last two votes. Now it will be about two weeks for this to be codified. Sitting here with a cold beer celebrating. Thanks guys!;)
Title: Re: North Platte city parks and Ord. 93.05
Post by: RLMoeller on September 18, 2012, 09:43:52 PM
Great work guys!
Title: Re: North Platte city parks and Ord. 93.05
Post by: Chuck Matson on September 25, 2012, 01:25:04 AM
AMEN!
  Andy and Dan are in the NP cool book! C
Title: Re: North Platte city parks and Ord. 93.05
Post by: Chuck Matson on September 25, 2012, 01:51:09 AM
One final comment on this thread, I just contributed 50 dollars to the NFOA-PAF. Please give what you can afford to this pro-active cause! Thank you! Chuck Matson
Title: Re: North Platte city parks and Ord. 93.05
Post by: Chuck Matson on November 07, 2012, 07:39:30 PM
Outcome of our city council voter support. We got three out of four we were supporting to protect our second amendment rights here in North Platte. This gives us a very good standing in the prevention of any foreseeable anti activity. Brook Baker and Andrew Lee are our newcomers. Both are young guys, both are pro second amendment! Incumbent Larry Campbell will retain his seat. Larry supported us from the beginning of this challenge. This has turned out very well. I want to give a honorable mention to Jeremy, who belongs to the NFOA also. Jeremy put up with a lot of BS in our North Platte Diesel Shop, handing out cards. We had two guys vying for the council, in the same ward. Because we supported one guy, the other pitched a fit! Jeremy handled this challenge very well. Good Job Shaver! I know that I can always depend on him to fight the good fight! Thanks, C
Title: Re: North Platte city parks and Ord. 93.05
Post by: cracked junior on November 07, 2012, 10:28:25 PM
It was a tough fight.  Had to explain the laws to people so they understand why North Platte's law needed changed.   

 The election fight was tough.   with guys at work wondering why we supported who we did.   It was tougher explaining why we supported one pro gun candidate over another.  Brook Baker and Josh Welden were running against each other for city council seat.   Baker won by 21 votes. 

Baker and Welden are both guys that Chuck and I work with.   I see Baker about every day.   Welden,  I don't see him very much.  If your wondering more about our work.   There is over 900 employees on 3 shifts.  Chuck and I didn't know each other until this fight.   

I do find it strange that one council member is the retired lincoln county sheriff and the new mayor is the retired north platte police chief. 

                        Shaver
Title: Re: North Platte city parks and Ord. 93.05
Post by: Chuck Matson on November 07, 2012, 10:46:48 PM
Once we get Shaver tuned and ready, we will get him on the council! ;)
Title: Re: North Platte city parks and Ord. 93.05
Post by: cracked junior on November 08, 2012, 01:02:02 PM
Me on the council.    I don't think so.    I would be assassinated.   Or get in trouble for open carry at meetings.