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General Categories => Newsworthy => Topic started by: Chris Z on October 01, 2012, 10:15:41 PM

Title: John Stacey's loses his court challenge
Post by: Chris Z on October 01, 2012, 10:15:41 PM
The Judge ruled today that the handgun purchase permit is not unconstitutional... So Stacey has his next court hearing on the charge Oct 19th.
Title: Re: John Stacey's loses his court challenge
Post by: bullit on October 02, 2012, 11:50:16 AM
Can you provide more background on your post?
Title: Re: John Stacey's loses his court challenge
Post by: Chris Z on October 02, 2012, 11:55:04 AM
He had challenged the constitutionality of the handgun purchase permit law, said that it was an infringement on his 2nd Amendment right.

He was attempting to have his charge dropped for loaning a handgun to his "friend", former Gretna city Administrator Colleen Lawry
Title: Re: John Stacey's loses his court challenge
Post by: Chris Z on October 02, 2012, 12:44:35 PM
http://www.ketv.com/news/local-news/Ex-police-chief-loses-motion-to-throw-out-gun-charge/-/9674510/16815256/-/11wh3kbz/-/index.html (http://www.ketv.com/news/local-news/Ex-police-chief-loses-motion-to-throw-out-gun-charge/-/9674510/16815256/-/11wh3kbz/-/index.html)
Title: Re: John Stacey's loses his court challenge
Post by: bullit on October 02, 2012, 12:47:49 PM
Remember the details now....part of me disappointed on the finding, but for his sake you do the crime...you do the time.... He's TEFLON anyway.....
Title: Re: John Stacey's loses his court challenge
Post by: Gunscribe on October 02, 2012, 09:53:38 PM
It is unconstitutional, but that is just my considered opinion.
Title: Re: John Stacey's loses his court challenge
Post by: Hardwood83 on October 03, 2012, 11:05:16 AM
It is unconstitutional, but that is just my considered opinion.

At some point we may have to pay a fee, register our opinions and have them regulated, you know, for public safety. It's only common sense speech control and who can be against that? 
Title: Re: John Stacey's loses his court challenge
Post by: DanClrk51 on October 04, 2012, 03:53:04 PM
Definitely unconstitutional. I don't see how they can maintain that I need to pay the state a fee and ask their permission to exercise a right is constitutional. I hope he has the deep pockets to take it all the way to the NE Supreme Court.
Title: Re: John Stacey's loses his court challenge
Post by: whatsit on October 04, 2012, 07:21:22 PM
Is loaning a handgun to someone without a purchase permit considered a firearms offense that would keep him from passing a NICS check?
Title: Re: John Stacey's loses his court challenge
Post by: equinox137 on October 23, 2012, 09:36:33 AM
I'm still a little lost as to what violation of law actually occurred here.
Title: Re: John Stacey's loses his court challenge
Post by: Chris Z on October 23, 2012, 09:39:45 AM
You cannot loan a handgun to someone (with them leaving your line of sight), if that person does not have a handgun purchase permit.

Unless the borrower falls into one of the exempt categories. (FFL, Law Enforcement officer for DUTY, CHP holder, immediate family, antique handgun, etc...)
Title: Re: John Stacey's loses his court challenge
Post by: SemperFiGuy on October 23, 2012, 02:52:59 PM
Quote
You cannot loan a handgun to someone (with them leaving your line of sight), if that person does not have a handgun purchase permit.

Unless the borrower falls into one of the exempt categories. (FFL, Law Enforcement officer for DUTY, CHP holder, immediate family, antique handgun, etc...)
Chris Zeeb


This issue comes up in my Concealed Handgun Permit classes quite often when attendees ask if they can loan/borrow a handgun from someone else for CHP range qualification.    They are universally astounded when the above blue card Firearms Purchase Permit [actually, handgun purchase permit] requirement is laid out before them.   After all, even John Stacey, the Bellevue, NE city prosecutor seems not to have known it.

Also, the Omaha Handgun Registration Code is a deep mystery to most folks, as well.   Including just a whole lot of Omaha area NE Concealed Handgun Instructors..

Wish it weren't true.   However, 'Tis.

sfg
Title: Re: John Stacey's loses his court challenge
Post by: Phantom on January 13, 2013, 01:10:35 PM
With all the Talk going on about the introduction of this new law or that new law

A thought hit me about Nebraska's handgun purchase permit and outcome of this case!


Since Nebraska handgun purchase permit's are only good for 3 years!

Once it expire's if you don't renew it and you own a handgun...... could you also be in violation of this law ?


Oh and i noticed when i got mine last year it's not called  a handgun purchase permit.
It's called a "Firearm purchase permit"

 
Title: Re: John Stacey's loses his court challenge
Post by: Chris Z on January 13, 2013, 01:14:58 PM
With all the Talk going on about the introduction of this new law or that new law

A thought hit me about Nebraska's handgun purchase permit and outcome of this case!


Since Nebraska handgun purchase permit's are only good for 3 years!

Once it expire's if you don't renew it and you own a handgun...... could you also be in violation of this law ?


Oh and i noticed when i got mine last year it's not called  a handgun purchase permit.
It's called a "Firearm purchase permit"

 

This case was postponed because the trial was to start right around the day or so after the CT shooting.

No you do not have to have a permit to posses a handgun, you only need one to aquire it. In this case she clearly never had a permit to begin with, and did not fall into an exempt category for him to give it to her without a permit
Title: Re: John Stacey's loses his court challenge
Post by: Chris Z on January 13, 2013, 01:15:47 PM
Also note...... This same charge against Colleen Lawry was dropped as part of a plea deal in her theft case.

They are still sticking John Stacey with the charge though