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CC Law in Nebraska

Cherry66Cherry66 Member Posts: 38 ✭✭
The state of Nebraska has the possibility`of passing CC legislation this year. Hopefully.

They say the state of Vermont has CC by default according to the state Constitution. Just out of curiousity, Idid some checking and this is what I found.

VERMONT Constitution

Art. 16th That the people have a right to bear arms for the defence of
themselves and the State - and as standing armies in time of
peace are dangerous to liberty, they ought not to be kept
up; and that the military should be kept under strict sub-
ordination to and governed by the civil power.


NEBRASKA Constitution

Article I:
Statement of rights.
CI-1 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.


I'm not claiming to be any legal expert (I have high suspicions and great doubts about most so-called legal experts), but it looks to me that Nebraska could also be CC by Constitutional default. In fact Nebraska's words are stronger than Vermont's!

I am a Nebraska native (Surprise!) and after seeing this and reading about many (if any) right to bear arms in other state constitutions, I was pleasantly surprised to see how strong Nebraska's is compared to other states. Maybe this ain't such a bad place to be in and from after all!

All you guys in the states that don't include RTKBA in your states, Have a nice day anyway.

Comments

  • Cherry66Cherry66 Member Posts: 38 ✭✭
    edited November -1
    Another interesting note:

    Florida just passed their new self defense law. We had that in Nebraska back in the 60's it was called the 'shoot your neighbor' law!

    It was repealed later because loop holes in the law showed that people defending themselves could actually be prosecuted.
  • tr foxtr fox Member Posts: 13,856
    edited November -1
    I like your logic and reasonable thinking. Unfortunetly logic and reasonable thinking rarely decides what happens in America. It took me about 40 years of living my life and seeing this happen time and again before I believed it and admitted it to myself.



    4lizad
  • chunkstylechunkstyle Member Posts: 2,463 ✭✭✭✭✭
    edited November -1
    Indeed you are correct. State law allows OPEN carry in Nebraska. However, there are two problems with this:

    1)CONCEALED carry is forbidden.
    2)Local ordinances may prohibit even that, as Nebraska has no state pre-emption law. This may be unneeded, due to the language of the state constitution, but I wouldn't want to be the test case, and I doubt you would, either.

    Here's what to do:
    1) Work for a Vermont-style law in your state. Failing that, try a more conventional shall-issue law.
    2) Carry openly, except where forbidden by law. The more authority and you fellow citizens are accustomed to firearms, the better.

    "When fascism comes to America, it will be wrapped in the flag and carrying the cross."
    ~Sinclair Lewis, It Can't Happen Here

    "Our enemies...never stop thinking about new ways to harm our country and our people, and neither do we."
    ~President George W. Bush
  • tr foxtr fox Member Posts: 13,856
    edited November -1
    It is interesting to examine the logic of people who want to control lawful citizens. If the federal or state constitution prohibits or at least doesn't authorize a particular behavior or right, then the controllers point to the constitution as the reason the citizens can't enjoy that right.

    But if the constitution GIVES a certain right (such as the US Second Amendment and various state constitutions regarding carrying firearms) then numerous and various cities pass laws saying in effect "well, you can't enjoy your constitutional right in OUR city because we passed a law saying you can't". Liberals support this back-door of denying the citizens their constitutional rights that the liberals don't llike by claiming that cities should have the right to pass such laws because the cities have the right of "home rule" and should be able to control what goes on in their cities.

    Of course this is bogus and if those same cities tried raise the driving age for people living or passing through their cities, those same liberals would change their attitue and be outraged if those cities passed a law that said in effect "We know that the state allows drivers as young as 16 to get a driver's license, but IN OUR CITY you must be 21 to drive and if we catch you driving at even 20 years of age we will arrest and jail you and maybe even confiscate your car".

    Or another tactic of the liberals is to twist words and phrases beyond all reasonable recoginzation by taking the position that a particular right clearly stated in the constitution "really doesn't mean what it says or that right is not actually given to citizens".

    I think this distorted situation is changing for the better becasue wwe just recently go a KS preemption law passed and now no cities can pass a gun transportation law stricter than what the state has passed. And this new law was even signed into law by our female, liberal anti-gun state governor.

    4lizad
  • HighballHighball Member Posts: 15,755
    edited November -1
    The "inability' to convince or even have a conversation with elite anti-gunners has to do with one fact..they are not nearly as stupid as most strong pro Second Amendment supporters believe them to be.

    The Anti-Gun Elites recognize one undeniable fact. The only recourse ordinary people have to wrest control away from the powerful moneyed interests...lies strictly in the skillful use and control of personal arms.
    No amount of begging, pleading, writting letters, or visiting congressmen will alter for more then a tiny bit the inevitable power shift to the super wealthy.

    Some day,in the distant future, the common man will get a belly-full of being pushed around..and decide to do something about it.

    The super elite prefer you be disarmed well before then..and looking to any party for relief is insane.
    The "Concealed Carry" laws most folks cheer are nothing more then lists of people most apt to resist......

    God,Guts,& GunsHave we lost all 3 ??
  • gunphreakgunphreak Member Posts: 1,791 ✭✭✭✭✭
    edited November -1
    quote:The "Concealed Carry" laws most folks cheer are nothing more then lists of people most apt to resist......


    Remember this well.... you will be the first targets.. as will I.

    Death to Tyrants!!!
    Lev 26:14-39

    Those who would offer any interpretation that would relegate Amendment II to "relic" status of a bygone era are blatantly stating that the remainder of the Bill of Rights isn't worth a damn, either.

    Luke 22:36.
    "Followers of Christ, be armed."
  • HighballHighball Member Posts: 15,755
    edited November -1
    Red list.

    They don't like people that don't go along to get along.Talking about the Constitution is dangerous...its always bad to talk about right when the govenment is wrong....
  • Cherry66Cherry66 Member Posts: 38 ✭✭
    edited November -1
    FYI

    Omaha does have restrictions on open carry and transportation of firearms. The rest of the Great State is open carry/transportation Free-for-all!
  • Rack OpsRack Ops Member Posts: 18,597 ✭✭✭
    edited November -1
    quote:Originally posted by Highball

    The "Concealed Carry" laws most folks cheer are nothing more then lists of people most apt to resist......



    Bingo! It's one reason I've been wary of getting one

    Molon Labe
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