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 Aldo |
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Posts: 73 (05/13/09 21:23:12) |
In between our celebrating, let's remember to send a
"thank you" to the NE Senators!
The nod of gratitude now will be worth its weight later on when the next issue comes up.
"Always remember that you are Americans, and it is your birthright to dream great dreams in this sweet and blessed land, truly the greatest, freest,
strongest nation on Earth." -- Ronald Reagan
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ram4x4nut |
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Posts: 229 (05/13/09 23:46:36) |
support wrote: That is correct. This is from the NE Legislature FAQ's: Laws of Nebraska Most bills passed and approved by the governor become law three calendar months after the Legislature adjourns. However, bills may take effect before that date if they contain an emergency clause or a specified operative date. |
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scotchbriar |
LB 430 News from Nebraska Legislature | ||
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Posts: 16 (05/14/09 09:03:50) |
Information on LB 430 from Nebraska Legislative website: http://unicameralupdate.blogspot.com/2009/05/lawmakers-pass-concealed-carry-handgun.html
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I8BAMBI |
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Posts: 23 (05/15/09 13:30:39) |
a couple of questions..
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bullrider8 |
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Posts: 133 (05/15/09 14:28:23) |
Please go back and re read the thread all the answers are posted
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ram4x4nut |
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Posts: 233 (05/15/09 15:09:30) |
I8BAMBI wrote:No he has not signed it yet, but he will. There is no doubt about that. As far as Omaha goes it only addresses not having to register CONCEALED weapons for CCW permit holders that are NOT Omaha residents. Bottom line, if you are an Omaha resident you still have to register your handguns. If you buy a handgun in Omaha you will still have to register it with OPD regardless of where you live. |
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I8BAMBI |
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Posts: 24 (05/15/09 15:29:14) |
ram4x4nut wrote: thanks, but I'm not seeing it. I haven't had time to read all 37 pages here and I have only skimmed the actual bill. I used the link a couple pages back to get the copy for the final reading. I still see section 5 that starts on page 19 saying that the city ordinance is null and void if you are a CHP holder...? what am I missing? |
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lindh |
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Posts: 94 (05/15/09 16:33:22) |
Sec 5: Any existing city or village ordinance, permit, or regulation regulating the ownership,
possession, or transportation of a concealed handgun, as such ownership, possession, or transportation is authorized under the act, is declared to be null and
void as against any permitholder possessing a valid permit under the act.
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bullit |
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Posts: 286 (05/15/09 19:56:33) |
lindh,
Please elaborate on your statement "Prior to enactment into law, the NSP would be required to hold a public hearing on their interpretation of "source law". " What is your source for this statement? I see nothing in reading LB 430 alluding this action. Thanks for the reply. |
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9026543 |
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Posts: 10 (05/15/09 20:26:44) |
Passage of LB430 is great for the residents of NE. And now if your Gov. signs the bill it will be great for us MO residents also if your AG says we are good
enough o carry in your state.
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lindh |
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Posts: 95 (05/17/09 00:16:53) |
My source is SS84-907:
"84-907 Rule or regulation; adoption; amendment; repeal; hearing; notice; procedure. No rule or regulation shall be adopted, amended, or repealed by any agency except after public hearing on the question of adopting, amending, or repealing such rule or regulation. Notice of such hearing shall be given at least thirty days prior thereto to the Secretary of State and by publication in a newspaper having general circulation in the state. All such hearings shall be open to the public. In addition to the requirements of section 84-906.01, draft copies or working copies of all rules and regulations to be adopted, amended, or repealed by any agency shall be available to the public in the office of the Secretary of State at the time of giving notice. The notice shall include: (1) A declaration of availability of such draft or work copies for public examination; (2) a short explanation of the purpose of the proposed rule or regulation or the reason for the amendment or repeal of the rule or regulation; and (3) a description, including an estimated quantification, of the fiscal impact on state agencies, political subdivisions, and persons being regulated or an explanation of where the description of the fiscal impact may be inspected and obtained. No person may challenge the validity of any rule or regulation, the adoption, amendment, or repeal of any rule or regulation, or any determination of the applicability of any rule or regulation on the basis of the explanation or description provided pursuant to subdivisions (2) and (3) of this section. Any agency adopting, amending, or repealing a rule or regulation may make written application to the Governor who may, upon receipt of a written showing of good cause, waive the notice of public hearing." In this case, NSP Title 272, Chpt 21,018.05 would be voided by changes in SS69-2441. In order to comply with 84-907, SNP would have to provide a public hearing (or perhaps a comment period) per statue. Of course, the NSP has the option to waive the hearing simply by asking the Governor to do it. Normally, State agencies do comply with 84-907. I'm going to send a letter to Gov. Heineman requesting he deny any request to waiver but he sure as hell doesn't have to pay any attention to it. Can't go wrong by trying anyway. Again, I suggest that if the NSP does follow the law and post their Title changes due to changes in the NE Concealed Carry Act, it might be a good idea to look at what they propose. They have an axe to grind on this one and so do we. |
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minnowmaker |
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Posts: 50 (05/17/09 09:35:53) |
lindh...I appreciate how you explain things and keep us up to date. It's always interesting to read what you post. Keep up the good work!
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bullit |
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Posts: 287 (05/17/09 09:48:18) |
Yes, lindh...thank you for the reply. I appreciate it. No offense if you are an attorney (or to you Paul Horvick), but this is another example of "life
would be simpler without them".
Would you mind keeping us posted when/if a public hearing is announced? |
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lindh |
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Posts: 96 (05/17/09 18:28:44) |
I think that proposed changes to administrative code go to the Sec of State's office so if the gov doesn't waive an NSP request to deny public hearing,
that would be the place to go. I'll camp on their doorstep and try to get a copy to post here.
No, I am not an attorney so make all the attorney jokes you want! At 76 I spend all my free time fishing so please no fish jokes. According to my wife I am probably the most cussed old fart in NE holding a CHP. The grim reaper will probably come get both of us one of these days. Her first maybe. Sure do like this forum and the nice folks here. |
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minnowmaker |
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Posts: 51 (05/17/09 19:39:39) |
lindh...if you are ever out this way (Lexington) and have time to fish, I have a spot I think you would like!
Jerry |
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sidearm |
430 | ||
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Posts: 7 (05/19/09 15:24:46) |
The govenor signed 430 today.
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nwjt |
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Posts: 85 (05/19/09 18:04:08) |
does this bill affect open carry restrictions in Omaha ?
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bullit |
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Posts: 289 (05/19/09 19:53:34) |
It has absolutely nothing to do with OC. Remember, there are no state laws/statutes addressing nor prohibiting OC in Nebraska.
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nwjt |
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Posts: 86 (05/19/09 20:03:34) |
oh thanks.
they need a similar bill to stop cities from bannin OC without a ccw permit |
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bullit |
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Posts: 290 (05/20/09 06:56:06) |
You don't need a CHP to OC in any city/town/village in Nebraska. I assume you are referring to Omaha. One can still OC there without a CHP. However, they
do have a vague requirement that one has taken an "approved handgun safety course" such as offered by the Nebraska Safety Council in Omaha. Proof of
completion must then be submitted to OPD for some sort of issued "permit".
Again, the CHP simply substitutes for the aforementioned process. In my humble opinion, OC in Omaha is asking for trouble in more ways than one. Yes, I know there are those of you who frequent this site and will talk about how it is your right, etc., etc. I agree with you in principle. Keep in mind though, a CHP (and assuming your carrying) gives you the one advantage you may need when the poopie hits the fan. |
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