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Open Letter to NFOA & Nebraskans Seeking Support for Prosecutorial Carry

Saturday, January 14th, 2012 at 10:04 AM

Request for Support of Legislation – LB802

Concealed Carry

Open Letter to NFOA & Nebraskans Seeking Support for Prosecutorial Carry

Nebraska Firearms Owners Association

Nebraska Firearms Owners Association

Omaha, NE --(Ammoland.com)- President Allen and Members of the NFOA Board:

My name is Matthew Mellor, and I am a Deputy County Attorney for Seward County, Nebraska. I am writing to you to request that the NFOA lend its support to LB 802 in this current legislative session.

I proposed the language that would later become LB 802, and I am thankful to Sen. Scott Lautenbaugh for agreeing to introduce it as one of his bills. In general, LB 802 would allow prosecutors in Nebraska to carry a concealed handgun in places where such action is currently prohibited. LB 802 limits a prosecutor’s carrying in such “gun-free zones” to the fulfillment of his or her responsibilities of employment. In short, this bill would allow prosecutors to protect themselves while working to put criminals behind bars. As a prosecutor, I know that people in this line of work are sometimes the subject of very serious threats, and among other things, this bill is intended to address those threats.

I have been following the discussion of LB 802 on the NFOA’s online forum, and as I expected, there is some resistance to the bill because it is creating an exception for a specific group of people. I understand the “if I can’t carry in those places, why should someone else be able to” line of thinking, but I don’t subscribe to it. Don’t get me wrong, I firmly believe that everyone has the right to defend themselves, regardless of where they may be. The type of building they happen to be in shouldn’t matter. I do, however, know that the legislative process isn’t that clear-cut.

I am familiar with the legislative process, and there is a bit of logic to bills such as LB 802. While the ultimate goal for me and probably the NFOA, as well, would be for Constitutional Carry to become a reality in Nebraska, I know that changes to the law don’t come all at once. It took years and years of activity in the Legislature before Sen. Combs was finally able to get the Concealed Handgun Permit Act (CHPA) passed back in 2006, and it’s going to take a significant amount of time before we get to Constitutional Carry in this state.

LB 802, while being an immediate benefit to prosecutors, would also serve as a benefit to the greater concealed carry community, as one poster on the forum rightly noted. This bill is an opportunity to get the proverbial foot in the door that may one day lead to Constitutional Carry, or at least a more relaxed permit system. Sen. Lautenbaugh likely agreed to carry this bill because he thought it would not be that difficult to make an exception for prosecutors based on the nature of their work, as long as such exception was limited to their employment.

It is my position that LB 802 is merely a first step toward a more relaxed permit system, or even Constitutional Carry. Logic would hold that once more and more exceptions to the current CHPA are enacted, there will be fewer restrictions and we may get to see Constitutional Carry in Nebraska. LB 802 and bills that will be introduced in the future slowly erode the restrictions of the CHPA, and will be a benefit to all concealed handgun permit holders.

I appreciate your consideration of LB 802, and again, I ask for the NFOA to support this important legislation.

 

Mission -
Nebraska Firearms Owners Association (NFOA) is organized for the purpose of voicing the opinion of its membership to the Nebraska Legislature and other law making bodies within the state as well as Federal level, as it pertains to firearms. NFOA members will also make it a priority to educate residents on firearms related issues.
On the web: www.NebraskaFirearms.org or email: AAllen@NebraskaFirearms.org for more information.

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Ohio and New Mexico Sign Concealed Carry Reciprocity Agreement

Tuesday, December 27th, 2011 at 9:30 AM
AmmoLand Gun News

AmmoLand Gun News

COLUMBUS/SANTA FE --(Ammoland.com)- Ohio Attorney General Mike DeWine and New Mexico Department of Public Safety Cabinet Secretary Gorden E. Eden, Jr. have signed an agreement that permits reciprocity between their states for citizens who have valid concealed carry permits.

“I am pleased that this agreement between Ohio and New Mexico will allow Ohioans who have concealed carry permits the same rights to carry a concealed handgun in the State of New Mexico, as well as New Mexicans who have concealed carry permits to do the same in Ohio” said Attorney General DeWine.

Secretary Eden reiterated those remarks. “As proponents of the Second Amendment, the New Mexico Department of Public Safety is happy to extend concealed carry rights to licensed Ohioans, as those same rights are extended to licensed New Mexicans who visit Ohio.”

Ohio law permits the Attorney General to enter into written agreements with other states whose laws are “substantially comparable” to Ohio’s eligibility requirements for a license to carry a concealed handgun. In New Mexico, this authority falls under the New Mexico Department of Public Safety.

New Mexico’s and Ohio’s concealed carry laws are very similar to one another. Both states require a background check for long-term residents of their state or an FBI III check for short-term residents of their states, and both require training in order to be eligible for a concealed carry license.

Concealed carry permit holders will be required to comply with all of the other state’s laws regarding possession, transportation, storage and use of concealed weapons and all other applicable laws except those regarding issuance, suspension, revocation and renewal of concealed weapons licenses, which remain within the power of the issuing state.

Each state will make their verification systems available to the other to be able to check the status of the other state’s concealed carry licenses.

The agreement remains in force unless statutory authority for it is withdrawn by either of the state’s legislatures or terminated in writing by either party upon 30 days notice.

With this signing, Ohio and New Mexico each now have reciprocity agreements with 22 states.

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