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Doug Huffman
Regular Member
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Posted: Wed Jan 14th, 2009 05:49 pm |
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http://www.klin.com/news/?articleno=5760
A legal opinion on the state's conceal-carry law from Nebraska Attorney General Jon Bruning took city officials around the state by surprise today. They thought it was clear that a 2006 law passed by the Legislature allowing people to carry concealed guns still allowed cities to ban the practice.
But a legal opinion from Attorney General Jon Bruning's office says cities can't get around state law and have their own gun bans. Thirteen Nebraska cities have city-wide prohibitions against carrying concealed weapons, according to information compiled by the Nebraska State Patrol in 2007. They are: Beatrice, Columbus, Crawford, Hastings, Holdrege, Kearney, Lexington, Norfolk, O'Neil, Scottsbluff, Seward, South Sioux City and Wayne.
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Darth AkSarBen
Regular Member
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Posted: Sat Jan 17th, 2009 04:08 am |
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Remarkable! Crawford of all places! I grew up SW of Crawford, went to High School there my first 2 years, and later became a part time Police Officer when I was employed by the City of Crawford.
I look forward to the day when Michigan and Nebraska have reciprocity with each other. Then I will make sure I carry when visiting friends back in Crawford. In the mean time I will contact the present mayor to give them a little of my mind.
And, for the rest of the listed cities and towns in Nebraska, I hope they wake up and see that what they are doing is clearly against the Second Amendment and are likely to be sued.
Appalled here in Michigan!
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Doug Huffman
Regular Member
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Posted: Mon Jan 19th, 2009 07:10 pm |
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Their newsreader made the cities' protests stronger as they insist that they have the right to enact their own prohibitions.
http://www.klin.com/news/index.htm?articleno=5760
Bruning Rules On City Gun BansA legal opinion on the state's conceal-carry law from Nebraska Attorney General Jon Bruning took city officials around the state by surprise today. They thought it was clear that a 2006 law passed by the Legislature allowing people to carry concealed guns still allowed cities to ban the practice.
But a legal opinion from Attorney General Jon Bruning's office says cities can't get around state law and have their own gun bans. Thirteen Nebraska cities have city-wide prohibitions against carrying concealed weapons, according to information compiled by the Nebraska State Patrol in 2007. They are: Beatrice, Columbus, Crawford, Hastings, Holdrege, Kearney, Lexington, Norfolk, O'Neil, Scottsbluff, Seward, South Sioux City and Wayne.
For more on this and other stories, plus breaking news when it happens, turn to the Voice of Lincoln, News Talk 1400 KLIN.
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wrightme
Regular Member
| Joined: | Sun Oct 19th, 2008 |
| Location: | Fallon, Nevada USA |
| Posts: | 1347 |
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Posted: Mon Jan 19th, 2009 07:27 pm |
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This is good news! I was born in Tecumseh, growing up 25 miles east of Beatrice. Maybe there is hope for my home state.
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Jared
Regular Member
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Posted: Tue Jan 20th, 2009 11:21 pm |
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| The great news is still that all the restrictions on CCW.... do not apply to open carry. You can open carry almost everywhere in the state without restriction; however, Omaha has an old law that requires a city license to open carry. Non-resident are eligible for the license.
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Grapeshot
Activist Member
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Posted: Wed Jan 21st, 2009 04:37 pm |
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Darth AkSarBen wrote: snip....
I look forward to the day when Michigan and Nebraska have reciprocity with each other.
I look forward to the day when Nebraska has reciprocity with anybody. 
Yata hey
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Darth AkSarBen
Regular Member
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Posted: Thu Jan 22nd, 2009 12:11 am |
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Noticed at my website today, http://Taurus45ACP.com that in the scrolling NRA-ILA announcement I have, that Crawford has decided to comply with the AG ruling. It gives a link there to a Chardron paper.
Good for Crawford!
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Mike
Super Moderator
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Posted: Sun Mar 22nd, 2009 03:15 am |
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But the opinion does nothing for preemption for open carry generally.
However, the opinion does cite favorably to Heller:
"Were a county, city or village to ban the possession or carrying of handguns throughout its geographical territory, it might run afoul of U.S. Const amend. II and/or Neb. Const, art. I, § 1. See, District of Columbia v. Heller, ___ U.S. ___, 128 S.Ct. 2783 (2008) (holding municipal law that totally banned possession of firearms in the home unconstitutional as violative of Second Amendment right “to keep and bear Arms”)." Op. Atty. Gen., 2009 WL 108621 at n.3 (Neb. 2009) (opining that the Nebraska concealed handgun permit act preempts local regulation of concealed carry).Last edited on Sun Mar 22nd, 2009 03:15 am by Mike
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rpyne
Regular Member
| Joined: | Tue Oct 23rd, 2007 |
| Location: | Provo, Utah USA |
| Posts: | 580 |
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Posted: Tue Mar 24th, 2009 07:39 pm |
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Grapeshot wrote: I look forward to the day when Nebraska has reciprocity with anybody.
Amen! I live in Utah and have a Utah CFP. My daughter and her family moved to Friend last October, so I'll be traveling there several times a year.
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BB62
State Researcher
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Posted: Tue Mar 24th, 2009 08:50 pm |
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The link provided in the first post no longer works.
Can someone provide a working link?
edited to add - it looks like his opinion was issued in January!
http://www.ago.state.ne.us/agopinions/details.htm?searchStr=1&_search_id=2065Last edited on Tue Mar 24th, 2009 08:53 pm by BB62
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No1
Banned
| Joined: | Wed Jun 25th, 2008 |
| Location: | Zimbabwe |
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Posted: Wed Mar 25th, 2009 06:09 pm |
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http://www.klin.com/news/?articleno=5920Concealed Carry Law Advances
A Nebraska measure that would force cities to observe a statewide concealed-weapons law has advanced to the full Legislature. A 2006 state law allows concealed handguns, but some cities still enforce local concealed-weapons bans. On Monday, the Legislature's Judiciary Committee advanced a bill that would bar local bans. Attorney General Jon Bruning's office issued an opinion earlier this year that cities could not override the state concealed-carry law.
For more on this and other stories, plus breaking news when it happens, turn to the Voice of Lincoln, News Talk 1400 KLIN
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rpyne
Regular Member
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Posted: Wed Mar 25th, 2009 06:14 pm |
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Sounds like a step in the right direction.
Next step: reciprocity (I can dream, can't I?)
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Darth AkSarBen
Regular Member
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Posted: Sun Apr 5th, 2009 01:55 am |
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You might be in luck. The recent bill, getting good support, also has an amendment in that included allowing for resiprosity with other states that have simiilr or better training/requirents for the CPL.
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rpyne
Regular Member
| Joined: | Tue Oct 23rd, 2007 |
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Posted: Sun Apr 5th, 2009 04:20 am |
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Do you know what bill? I have looked through the bills on the legislature web site and all of the firearms related bills I could find are BAD! Some of them really BAD! I hope that there is some organized group watching them and mobilizing opposition to them.
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Darth AkSarBen
Regular Member
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Posted: Sun Apr 5th, 2009 04:47 am |
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Check out this link: http://www.nraila.org/Legislation/Read.aspx?id=4494
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rpyne
Regular Member
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Posted: Sun Apr 5th, 2009 07:34 pm |
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Both LB430 and LB503 look like good bills. I would suggest a minor change in LB430 if anyone has any influence to get it amended.
In the section on reciprocity it says in a couple places "issued by any other state or the District of Columbia". I would suggest that be changes to "issued by any other city, county, state or the District of Columbia".
There are a number of states where concealed permits are issued by county or city authority rather than the state.
LB503 looks like it is stalled.
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rpyne
Regular Member
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Posted: Thu Apr 9th, 2009 03:00 am |
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LB430 started out as a very good bill, but like most legislation, it has been amended to the point where it is marginal.
The original language did four things; 1) made the state preemption clear, 2) allowed members of the military who though Nebraska residents, live out of state to get a concealed permit, 3) Allowed for the recognition of concealed permits from other states where the requirements were at least as stringent, and 4) allowed churches to authorize their security to carry concealed.
After all of the amendments it now widened the definition of "school" to "means a public, private, denominational, or parochial elementary, vocational, or secondary school, a private postsecondary career school as defined in section 85-1603, a community college, a public or private college, a junior college, or a university;"
So, it looks like two steps forward, one step back.
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agentX
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Posted: Mon Jun 8th, 2009 09:14 am |
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The A.G.'s opinion caught cities by surprise??!! This reaction, surprise by cities that they cannot only serves to demonstrate and prove the ignorance of politicians/lawmakers at local levels. Oonly a state legislature can pass a "law", more specifically, statute; and that statute/law has legal "force and effect" statewide in every nook and cranney of the state, regardless of what a local municipality may choose to think of it. A city/town can pass only ordinances. Even Omaha, where someone else here posted that allegedly has a city law(actually it's an ordinance) against open carry is therefore in direct violation of any state law that "permits" open carry statewide, if that is so in Nebraska; it used to be at least when I still lived there.
Now the question lies of course if there's anyone who wants to challenge, in court, Omaha's ordinance. In effect, Omaha IS violating state law, as well the citizen's right(s) UNDER that state law. The public officers, and specifically their legal beagles in the cities with their self imposed restrictions(ban) on CC show their obvious ignorance of the very fundamentals of knowing, much less udnerstanding anything about the law/Constitution and how it works. Apparently they, city attorneys, slept through basic state law procedure(s0 101 in law school. Cities,( muncipalities) those that are incorporated, ARE incorporated by and under state law and must operate/function UNDER state law; taht is, they are subservient to state law. For someone/anyone that is effected by a city ordinance, not jsut firearms ordinacnes, you have a very nice case of civil damges and violation(s) of constitutional pretection(s) against the city, naming of course specific officers of the city as the defendant. Any lawyer that tells you otherwise is either an idiot, doesn't want your case because he/she plays footsie with the city politicos, or both.
What is also interesting is this; that if the AG is aware of a city ordinance which defies state law, and he/she does nothing about it, that AG is derelict in his/her duties. But then politicians don't generally like to prosecute fellow politicians, only private citizens.
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Darth AkSarBen
Regular Member
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Posted: Mon Jun 8th, 2009 10:32 am |
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| The Governor signed into law this AG's opinion that no cities and towns can pre-empt state law regarding Concealed Carry. Also in the bill he signed was provision for reciprocity with other states.
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agentX
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Posted: Mon Jun 8th, 2009 07:00 pm |
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Darth AkSarBen wrote: The Governor signed into law this AG's opinion that no cities and towns can pre-empt state law regarding Concealed Carry. Also in the bill he signed was provision for reciprocity with other states.
That is a good thing; of course the state should NOT have had to pass a statute to enforce another statute, which on it's face, should have been obeyed by all cities/towns in Nebraska. Now the question remains, WILL those cities, that have CC prohibitions, including Omaha with it's ban on open carry, backdown gracefully, or will it take a urninating contesting, in court, with a citizen having been injured by them, read arrested. IF Nebraska has statewide open carry then Omaha has been, and continues to be in violation of state law. Unfortunately, as is the case with most politicos, "they" seem to demonstrate an arrogance for the law and constitution(s), state and federal respectively, as has been and continues to be more than obvious in the nation.
Since lawyers are costly, and who has the thousands to take action(something the bureacrats rely on to impose their tyranny) perhaps there is at least one sharp pro-se who, for the cost of a court filing fee, will bring a civil action against the Omaha for it's violation of state law; perhaps even the violation of the state's constitutional firearms provison(but then I'm not aware of what Nebraska's constitution specifies in regard to that.
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