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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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Nebraska Firearms Owners Association 2012 Legislative Update

Saturday, January 14th, 2012 at 9:50 AM
Nebraska Firearms Owners Association

Nebraska Firearms Owners Association

Omaha, NE --(Ammoland.com)- Well it’s that time again and the Legislative session is in full swing.

Since this is a short session and things are moving so fast, I am going to break the announcement of Legislative Bills into two groups to send out for your information.

This week we will be letting you know about bills introduced during the first five days of session, and the balance should be coming next week.

We are also going to try something new this year. In order to get your view on the position your NFOA should take on the bills, we have a survey linked.

Please take a moment and let us know what position you’d like the NFOA to take on these important pieces of legislation.

Introduced Legislation

  • LB785, Christensen, Authorize possession of firearms as prescribed
    Allows persons with a Concealed Carry Permit to have their firearm in their car on the property of their employer. Further, it creates a civil penalty for employers who fire an employee for legally having a firearm in their vehicle on company property. It also provides liability protections for an employer who has an employee with a firearm stored in their vehicle on company property.
  • LB796, Avery, Adopt the Outdoor Outfitters and Guides Registration Act
    Creates a registration for Outfitters and Guides with a licensing fee of $100 and requires liability insurance.
  • LB802, Lautenbaugh, Authorize carrying of concealed handguns by certain authorities within the scope of their employment
    Allows District Attorneys, County Attorneys, the Attorney General, their assistants, and investigators with a Concealed Carry Permit to carry in places that other Concealed Carry Permit holders cannot; when doing so for work purposes. The individual is responsible for the costs of their Concealed Carry Permit and training.
  • LB804, Lautenbaugh, Change provisions relating to justification for use of force
    Sets presumption that someone who forcibly enters your home or vehicle is there to do you bodily harm, and places protections from civil liabilities in cases of self defense.
  • LB807, Lautenbaugh, Change Concealed Handgun Permit Act application provisions
    Clarifies that only individuals who have been criminally convicted of a drug- or firearm-related crime would be disqualified from receiving a Nebraska concealed carry permit. Hearing is scheduled for January 19th.
  • LB919, Schilz, Change court fees, sheriff’s fees, and handgun certificate fees
    Among other fee changes, it raises the cost of a Handgun Purchase Certificate to $10.00, an increase of $5.00. From testimony in the past the average cost to the Sheriffs Dept. for doing this runs between $12 and $15 depending upon the county.
  • LB920, McGill, Change harassment protection order and domestic abuse protection order provisions
    Makes it so persons under a protective order cannot purchase firearms, also removes automatic hearing for a protective order.
  • LB928, Louden, Provide for mountain lion hunting permits
    Allows the Nebraska Game and Parks Department to set a hunting season for mountain lions and provide for hunting permits.

 

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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