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Complete Preemption Introduced - LB695

Gray Peterson

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LB695

Pertinent part to open carriers is Section 5 of the bill:

Sec. 5. Cities and villages shall not have the power to
regulate the ownership, possession, or transportation of firearms,
except as expressly provided by state law, and any existing
ordinances, permits, or regulations regulating the ownership,
possession, or transportation of firearms are declared null and
void.

That means Omaha's open carry licensing scheme would get struck down.
 

Jeffrey

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I just discovered this site today. This is great! I live in South Sioux City and they have a ban on concealed carry. Their police chief is a $*"!!* when it comes to guns in "HIS" town. Open carry is out of the question there.

If you read our state constitution concerning the right to keep and bear arms it says;

Article I-1
Statement of rights.
[size=-1 xmlns=""]

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.

[size=-1 xmlns=""]Source:


  • Neb. Const. art. I, sec. 1 (1875);

    Amended 1988, Initiative Measure No. 403.
  • It seems pretty clear that ANY law that goes against the state constitution is void.
 

Jeffrey

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I am winning. The city's safety committee has recommended that all references to firearms be removed from their ordinance.
 

Risasi

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Source: http://uniweb.legislature.ne.gov/LegalDocs/view.php?page=c0111005000

Article XI-5

Charter of city of 100,000; home rule charter authorized. The charter of any city having a population of more than one hundred thousand inhabitants may be adopted as the home rule charter of such city by a majority vote of the qualified electors of such city voting upon the question, and when so adopted may thereafter be changed or amended as provided in Section 4 of this article, subject to the Constitution and laws of the state.

Source: Neb. Const. art. XIa, sec. 5 (1920); Adopted 1920, Constitutional Convention, 1919-1920, No. 33; Transferred by Constitutional Convention, 1919-1920, art. XI, sec. 5.

Technically they cannot circumvent concealed carry under a "home rule" doctrine. See that?

subject to the Constitution and laws of the state.
These cities cannot simply "opt out" of Statutes; 69-2428, 69-2429, 69-2445, etc. and Article I-1 of our state Consitution.


Another thing. Not only is home rule doctrine authorized as long as it falls within the confines of state law, but it is only authorized for cities with a minimum population of 100,000. How big is Sioux City (Nebraska side)?


P.S. There is another "home rule" for metropolitan populations of 300,000 or more, but I didn't post it as I don't find it relevant to this conversation.
 

Jeffrey

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South Sioux City is around 12-15000 is all. Depends if they count the illegals, oops I mean "undocumented guest workers and their extended families".

New ordinance passed on the first reading.

It's still illegal to carry concealed these items; IRON knuckles, Brass knuckles, knives with 4" or longer blades. I stated thatmy aluminum knuckles were apparently OK to carry then. I got no reply.
 

Grapeshot

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Hope that this makes it all the way and becomes the law of the land.

Born in Nebraska but live in Virginia.
Come on guys make it happen!
Yata hey
 

JimMullinsWVCDL

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Nebraska also need to enact some form of reciprocity law (preferably unilateral recognition of all other states' permits)so permitholders from other states can carry there and vice versa.
 

Grapeshot

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Smurfologist wrote:
WVCDL wrote:
Nebraska also need to enact some form of reciprocity law (preferably unilateral recognition of all other states' permits)so permitholders from other states can carry there and vice versa.
I concur.

2nd Amendment......Use it.......Or, lose it!!:X
I passed on an opportunity to "go home" for a visit because of the lack of reciprocity - I will not "go naked" especially in Omaha.
Yata hey
 
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