MuffinTheMan
Regular Member
The following is an email I sent to our Attorney General. Let me know what you guys think or if anyone has advice. This is a pretty big deal (Class IV felony and UNCONSTITUTIONAL).
Honorable Jon Bruning:
A friend of mine from Texas was recently arrested for openly carrying a handgun (in a holster) on the campus of the University of Nebraska (Lincoln). My friend was completely unaware of Nebraska Revised Statute 28-1204.04--even after having questioned a Lancaster County Sheriff regarding where he could legally carry.
However, my biggest issue is that Nebraska Revised Statute 28-1204.04 is unconstitutional--both locally and federally:
“All persons are by nature free and independent, and have certain inherent and inalienable rights; among these are life, liberty, the pursuit of happiness, and the right to keep and bear arms for security or defense of self, family, home, and others, and for lawful common defense, hunting, recreational use, and all other lawful purposes, and such rights shall not be denied or infringed by the state or any subdivision thereof. To secure these rights, and the protection of property, governments are instituted among people, deriving their just powers from the consent of the governed.”
- Nebraska Constitution, Article I
“A well regulated militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
- US Constitution, Amendment II
I have heard that you are in support of the right to keep and bear arms and that you even find certain local laws to be unconstitutional (such as some of Omaha's restrictions). I trust that you are with me in holding that "shall not be infringed" means exactly that. Especially with several school shootings having occurred around the nation recently, we cannot continue to criminalize our ability to defend ourselves and to possess the proper tools to do so.
What I would like to ask is whether there is any conceivable way of using my friend's case to rule Nebraska Revised Statute 28-1204.04 unconstitutional? If you can be of any help in this matter, we (along with many other law-abiding, concerned citizens) would be extremely grateful for your willingness to stand up for both our State and Federal Constitutions. I look forward to hearing back from you and would be willing to talk over the phone or meet in person if you are able.
Sincerely,
Caleb Larsen
Nebraska Open Carry Administrator (http://www.neopencarry.org)
NEopencarry@gmail.com
[phone number]
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