Are we in the land of OZ?

OK, first the Mayor proposes a concealed weapons ban for Lincoln.

Seng plans to propose concealed-weapons ban
By DEENA WINTER / Lincoln Journal Star Thursday, Apr 20, 2006 - 07:05:47 pm CDT

...Mayor Coleen Seng on Thursday proposed the city depart from the state by banning concealed weapons within city limits......"The concealed weapon bill is a very real threat to the security of citizens,” she said. “I support the constitutional right of citizens to own weapons, but passage of the concealed weapons law unnecessarily puts Lincoln at risk for increased confrontations involving guns.”Seng said she can’t go anywhere in Lincoln these days without being approached by people asking what she’s going to do about the concealed weapons law.Her response: “Just be patient.”...

Then she loses her fight with the City Council.

Council rejects gun ban
BY MATT OLBERDING / Lincoln Journal Star

The Lincoln City Council on Monday shot down Mayor Coleen Seng’s proposal to ban concealed weapons in the city once a new state law takes effect next year...


Next she changes her agenda mid course as she loses the support of the good citizens of Lincoln. She acts as though she was proposing this all along.

COUNCIL MEMBERS AND MAYOR COLLABORATE ON PROPOSALS RELATED TO CONCEALED WEAPONS

...Mayor Seng said she has had the Police and Law Departments preparing a companion proposal that would have been presented to the City Council next week prior to the previously scheduled public hearing on concealed weapons. The companion proposal addressed the types of crimes that would prevent a person from receiving a permit to possess a weapon or a permit to carry a concealed weapon...

How dumb does the mayor think the citizens of Lincoln are?

As you read the following post from the city's web site be sure to take a mental note of " The proposed additions to the list of serious crimes ..." and then compare them to the "The ordinance adopted in 2003...". In my opinion "The ordinance adopted in 2003..." sounds very similar, with a few additions such as indecent exposure and second offense driving under the influence, to " The proposed additions to the list of serious crime..." that are being proposed by Seng and Casady. The Federal law 18 U.S.C. 922 also covers some of the same offenses that the " The proposed additions to the list of serious crimes..." would.

COUNCIL MEMBERS AND MAYOR COLLABORATE ON PROPOSALS RELATED TO CONCEALED WEAPONS

Mayor Coleen J. Seng and City Council members Dan Marvin and Jonathan Cook today released a proposal that they and Council member Ken Svoboda have each been discussing regarding local ordinances related to the State concealed weapons law that takes effect January 1, 2007. Earlier this week, the City Council removed from its agenda a proposal to ban the carrying of concealed weapons in the City of Lincoln.
Mayor Seng said she has had the Police and Law Departments preparing a companion proposal that would have been presented to the City Council next week prior to the previously scheduled public hearing on concealed weapons. The companion proposal addressed the types of crimes that would prevent a person from receiving a permit to possess a weapon or a permit to carry a concealed weapon.
“The State law on concealed weapons specified that those convicted of crimes of violence would not be eligible to receive a concealed carry permit, but it did not identify the specific crimes,” said Mayor Seng. “This proposal is intended to clarify what types of violent crimes would prevent a person from being eligible. With the removal of the concealed weapons ban from the Council agenda, this companion legislation could now be viewed as an alternative by Council members. I am pleased that Council members Marvin, Cook, and Svoboda all are interested in this type of proposal.”
In 2003. the City Council approved an ordinance that made it unlawful for anyone convicted of serious misdemeanor crimes to possess a firearm. The current ordinance prevents possession of a firearm in the City limits by persons convicted within the last ten years of any of the listed violent and serious misdemeanors. The 2003 ordinance was approved on a seven-to-zero vote by the City Council. Seng was one of the Council members voting for the measure. Current Council members who voted for the measure are Cook, Svoboda, Annette McRoy and Jon Camp. The new proposal would expand the list of serious crimes the City Council approved in 2003.
Police Chief Tom Casady supports the proposal. “I’ve been opposed to concealed handguns, but this ordinance addresses my most significant concern,” he said. “It solves my most serious problem with the State’s new concealed carry law – the loopholes for people convicted of some rather serious misdemeanor crimes. Compromise seems to be called for, and I hope the entire Council can support this.”
The proposed additions to the list of serious crimes would include third-degree assault; domestic assault; assault and battery; menacing threats; violation of custody; contributing to the delinquency of a child; unlawful intrusion; first-degree criminal trespassing; public indecency; using a motor vehicle to avoid arrest; indecent exposure; violation of the State controlled substance act; unlawful use of toxic compounds; and second offense driving under the influence.
The ordinance adopted in 2003 included stalking; violation of a protection order; second-degree false imprisonment; impersonating a peace officer; third-degree sexual assault; first-degree criminal trespass; debauching a minor; resisting arrest; obstructing a peace officer; carrying a concealed weapon; criminal child enticement; unlawful discharge of firearms; introducing contraband or escape implements; obstructing government operations; unlawful possession of explosives, second degree; use of explosives without a permit; concealing the death of another person; criminal attempt when the crime attempted is a felony or any of the listed misdemeanors; and furnishing minors with firearms, ammunition or weapons.
“One of the major factors in our high quality of life is the low crime rate in our City, and keeping our community safe is always a high priority,” said Mayor Seng.
Casady said adding the additional list of violent and serious offenses to the existing ordinance on firearm possession is needed because many people with serious criminal records have never been convicted of a felony and are lawfully able to possess a weapon. As of January 1, these same individuals would be able to legally carry concealed weapons if no action is taken.
“These are serious misdemeanors crimes, and I believe the community would agree a person convicted of domestic assault, other assaults, indecent exposure and drug possession should not be allowed to possess a gun in the City,” Seng said.
Seng said she and the Council members would continue work on a joint proposal to introduce in the near future.
Under the new State law, Nebraskans will be able to obtain a permit for a fee of $100 after they complete firearms training and are cleared by a background check.

Updated note: Here is the Nebraska Constitution Article I-1. Notice the part about "... such rights shall not be denied or infringed by the state or any subdivision thereof."

State of Nebraska Constitution

Article I-1
Statement of rights.

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. Source:Neb. Const. art. I, sec. 1 (1875);Amended 1988, Initiative Measure No. 403.

Svoboda looks at CCW changes
BY JoANNE YOUNG / Lincoln Journal Star

Without a ban on carrying concealed weapons, City Councilman Ken Svoboda says he is hoping to expand the list of people who can’t hide their weapons.

The state law outlines some of those who cannot get permits to carry a concealed weapon. Those are people convicted of a felony or violent crime, found in the previous 10 years to be a mentally ill or dangerous person, or judged mentally incompetent.

Also, they can have no violations relating to firearms, unlawful use of a weapon or to controlled substances in the previous 10 years.

But Svoboda would add to the list offenses of stalking, violating a protection order, impersonating a peace officer, indecent exposure, and some offenses of driving under the influence.

Svoboda said he had been crafting such an ordinance to introduce in case the concealed weapons ban failed. It would be important, he said, to further protect law enforcement officers and Lincoln residents.

Mayor Coleen Seng has called a press conference for Wednesday afternoon to talk about her ideas on the issue.Svoboda said he would not be willing to reconsider a ban on carrying concealed weapons in the city. The Council, in a surprise move Monday, voted 5-2 to kill the proposal. That removed the ability of the public and city officials opposed or in favor of the state law to be heard on the proposed city ordinance.

Any council member who voted in favor of killing the proposal could ask for reconsideration. Those members are Svoboda, Patte Newman, Jon Camp, Robin Eschliman and Annette McRoy.

Nice to see the City Council do something right!

Casady said that he was “cheated out of the opportunity to be heard.” Give me a break!!

Council rejects gun ban
BY MATT OLBERDING / Lincoln Journal Star

The Lincoln City Council on Monday shot down Mayor Coleen Seng’s proposal to ban concealed weapons in the city once a new state law takes effect next year.

The item was not on the council’s agenda but was on the pending list and expected to be scheduled for a public hearing July 31.

But Councilman Jon Camp made a motion to consider the issue, and the council voted 5-2 to kill the proposal.

Camp said he had talked to other council members and “sensed enough support today to do it.”

The decision came as a shock to Mayor Coleen Seng and Police Chief Tom Casady.

Seng said that in her 20 years on the council and as mayor, she’s never seen a situation where “we’ve denied the public an opportunity to speak on an issue.

“I’m shocked that the council would do this,” she said.Casady said he spent the weekend preparing written testimony — something he said he rarely does — for what he thought would be a lengthy, contentious public hearing on the issue.

But now he said he felt like he’s been “cheated out of the opportunity to be heard.”

“I can’t understand for the life of me why at the 11th hour they pulled the rug out from under that opportunity,” he said.

Casady said he’s seen the council spend hours on minutiae in public hearings and can’t understand why they would not at least give people the opportunity to debate the issue.

“I’ve never seen the City Council do this before,” he said.

The proposal could be reintroduced or reconsidered if someone from the winning side asked that it be.

Seng cannot veto the decision, though, according to City Attorney Dana Roper.

Joining Camp in voting to kill the proposal were Ken Svoboda, Patte Newman, Annette McRoy and Robin Eschliman.

Dan Marvin and Jonathan Cook voted no.

The SKY is FALLING the SKY is FALLING!

Once again DiAnna R. Schimek is predicting bad things happening to Lincoln if they don't pass a concealed weapons ban.

Funny that Schimek didn't talk about the FBI report that states "Violent crime rates are highest overall in states with laws severely limiting or prohibiting the carrying of concealed
firearms for self-defense. (FBI Uniform Crime Reports, 1992)" .
http://www.kc3.com/CCDW_Stats/fla_model.htm

From the Lincoln Journal Star 17 July 2006
Local View: Concealed weapons law would keep community safe

By DiAnna R. Schimek
Monday, Jul 17, 2006 - 12:12:11 am CDT

A recent opinion piece (Journal Star, July 9, 2006) by my good friend and colleague Sen. Jeanne Combs suggests that Mayor Seng and the City Council would be jumping the gun by maintaining a citywide ban on concealed weapons. As someone who has participated in many debates on this topic on the floor of the Legislature, I respectfully disagree.

I believe it is wise for city leaders to be cautious about the new state statute, which struck down a law that had been standing for more than 130 years. There are several problems with this new policy that should have been addressed by supporters within the Legislature before it was enacted, things that could have at least been improved before the bill was hastily passed. For instance, the renewal fee is incredibly small; there is, alarmingly, no follow-up testing for renewals; and the bill does not strike pre-existing statutory language that enables cities of the primary class such as Lincoln to prohibit the carrying of concealed weapons (Nebraska Revised Statutes § 15-255). This is a very important detail and it is on this detail that the debate in Lincoln is predicated.

During last year's hurried legislative session, gun advocates became so anxious to get something -- anything -- passed that many of the aforementioned "holes" were simply ignored. Because of the failure to strike § 15-255, I believe it is clearly within the city of Lincoln's authority to decide on a citywide ban, and I believe that it is in our best interest to do so.

As Combs states in her article, the debate on concealed handguns in Lincoln must be based on fact, not emotion. The problem is that there are very few facts or reliable statistics available regarding how such legislation affects communities. In fact, the only state that mandated the collection of criminal statistics along with the passage of concealed carry legislation was Texas, in 1996. According to the Texas Department of Public Safety, concealed handgun permit holders were arrested 5,314 times (for crimes including murder, rape, kidnapping, and drug-related offenses, among others) from 1996 to 2001. During that same five-year period, Texas permit holders were arrested for weapon-related offenses at a rate 81 percent higher than that of the general population of Texas. Since 2001, Texas state law restricts information available to the public. No other states have ever mandated the collection of information about crime resulting from the enactment of concealed carry laws. Nebraska's law certainly does not require any reporting, although that was suggested during the course of the debate.

It also should be mentioned that no state, at least to the best of my knowledge, has ever collected data regarding suicides and accidental deaths that resulted from guns kept by those licensed to concealed-carry permit holders. We don't know what the experience has been in other states, but we are kidding ourselves if we think those tragedies won't occur.

Because of the lack of information and because of the "holes" in the Concealed Handgun Permit Act, I urge our city leaders to reject any attempt to permit concealed weapons in our neighborhoods and business districts. Cool heads must prevail regarding concealed handguns if we are to succeed in truly keeping our community a safe place to live.

Sen. DiAnna R. Schimek represents District 27 in Lincoln.

From WOWT.com

Weapons Okayed
Concealed Weapons
Council removes local prohibition

Omaha's prohibition against carrying concealed weapons has been sidestepped. Those weapons will be allowed inside city limits when a new state law takes effect in January.
The Omaha City Council vote 5-2 Tuesday to scratch the local prohibition for those who get permits.
That means that Omaha can join other Nebraska cities in the concealed carry eligibility approved by the legislature earlier this year.
Councilman Garry Gernandt says, "There has been absolutely no statistical evidence that shows law abiding citizens become immediately violent if conceal and carry goes into effect."
The two "no" votes came from Jim Suttle and Frank Brown.
Brown says, "We are not doing our best today. What we are doing is passing something that is a rush rather than taking a step back and looking at its totality."
Mayor Mike Fahey is also opposed and he says he plans to veto the plan but knows it will likely do little good.
"There's little I can do if they have five votes, as everybody knows," he says.
Police Chief Thomas Warren is also on record against the concealed weapons law.
He says, "We only hope that those individuals take the necessary precautions; the necessary precautions to secure their weapons, to not leave them unattended."
A concealed carry permit will require that the applicant must:
Be 21-years of age or older
Pass a background check
Take a safety course which will include a lesson in civil liability.
Iowa already has a concealed carry law and Pottawattamie County Sheriff Jeff Danker says, "For the most part, we've had very few problems with it."
There is one major difference between Nebraska and Iowa law. In Iowa, along with the list of requirements, a person wanting a permit must issue a statement of justification on why he or she wants to carry a concealed weapon. It's then up to the sheriff to decide if a permit is issued. In Nebraska, no justification will be needed

MiamiHerald.com

The following article must be a misprint cause Chief Casady said, “It’s foolhardy to believe that bad things won’t happen when people are carrying guns,”

Florida crime rate at lowest level since '71
Gov. Jeb Bush attributed Florida's falling crime rate to tough laws, a supportive Legislature and armed citizens.
BY BRENT KALLESTAD
Associated Press

TALLAHASSEE - Florida's crime rate dropped for the 14th straight year in 2005 to its lowest mark since 1971 because of tougher laws, increased financial support from the Legislature and law-abiding citizens with guns, Gov. Jeb Bush said Tuesday.
''This report shows that staying tough on crime works,'' Bush said. ``Law abiding citizens that have guns for protection actually probably are part of the reason we have a lower crime rate.''
The crime rate, compiled by the Florida Department of Law Enforcement, decreased 3.7 percent from 4,855 crimes per 100,000 people in 2004 to 4,677 crimes per 100,000 people last year. The total included 881 murders, 12,230 rapes and 75,204 vehicle thefts.
In 2005, the state's law enforcement agencies reported 838,063 crimes compared to 850,490 in 2004, a 1.5 percent decrease.
FEELING THREATENED
Last year Bush signed a bill that allows people who feel threatened on the street, in a bar, at a ball game -- or just about anywhere -- to ''meet force with force'' to defend themselves without fear of being prosecuted.
''You send a real powerful signal when you know the citizen has a good potential of being armed and doesn't have to back off anymore,'' said John Birch, president of Concealed Carry Inc. in Illinois.
Opponents, however, have said the idea would legalize shootouts in the streets.
A telephone message left for comment after hours with the Brady Center to Prevent Gun Violence in Washington, D.C., was not returned.
Bush said he was concerned about the number of murders in the Jacksonville and Orlando areas, where there have already been 120 homicides this year. FDLE chief Jerry Bailey said he has assigned seven agents to help Jacksonville officials with the troubling increase in murders and is working with law enforcement in Central Florida on forming a task force.
VIOLENT CRIMES
The number of violent crimes in 2005 increased statewide by 1.7 percent although the rate dropped 0.6 percent and nonviolent crime decreased by 4.2 percent. Violent crimes are murder, forcible sex offenses, robbery and aggravated assault.
Reports of domestic violence were up slightly and those incidents accounted for more than a fourth of the reported violent crimes and one-fifth of all murders, according to FDLE.
''The people that commit the majority of the crimes are habitual offenders,'' Bush said. ``They're the ones that commit a crime after crime after crime.''
For the second straight year, authorities made more than one million arrests. The 1,056,121 arrests in 2005 represented a 2.6 percent increase.
Drug arrests continued to increase, going from 150,334 to 160,649. Last year they increased nearly 10 percent.

Remember This?

Police Chief Casady is worried that a citizen with a concealed weapons permit will do "something stupid". The problem is the police officer in the article below can legally carry a concealed weapon without a permit.
I would call DWI "something stupid".

From the Lincoln Journal Star February 28, 2004.

Officer pleads guilty to drunken driving

By Leah Thorsen Saturday, Feb 28, 2004 - 02:00:02 pm CST

A Lincoln police officer who pleaded guilty Friday to drunken driving won't work for the department during his 60-day driver's license suspension, Police Chief Tom Casady said."I told him upfront that he cannot work while his driver's license is suspended," Casady said.Douglas County Judge Joseph Caniglia also ordered Patrick McGuire, a 22-year police veteran, to pay a $400 fine.A count of reckless driving was dismissed.McGuire, 44, also was sentenced to nine months of probation, must complete an alcohol education class and can't go to bars during his probation, according to court documents.Allowing McGuire to work on desk duty during his license suspension would not be right because his actions were the result of a choice, Casady said.McGuire plans to use vacation and holiday hours to cover some of the time he'll not be allowed to work, Casady said, but he doesn't have enough paid hours to cover the entire 60-day period.On Friday evening, McGuire said he was relieved court proceedings were finished, saying he learned a valuable lesson and was eager to put this part of his life behind him.An outside judge, Caniglia, was appointed to preside over McGuire's case to make sure there was no conflict of interest in the Lancaster County proceedings.On Sept. 18, McGuire lost control of his car shortly before 1 a.m., according to a police accident report.He was driving east on Normal Boulevard when he sliced through the westbound lanes, smashing his Chevrolet Impala into a pine tree near the corner of South Cotner Boulevard.A test showed his blood-alcohol level was 0.10 percent, according to the report.The legal limit to drive is 0.08 percent.Reach Leah Thorsen at 473-7246 or lthorsen@;journalstar.com.

Here We Go Again!

From the Lincoln Journal Star July 11, 2006

Lincoln Jumps the gun on debate
By Sen. Jeanne M. Combs

As the one who is familiar with LB 454, the concealed handgun statue enacted by the 2006 session of the Nebraska Legislature, I believe that the city of Lincoln’s debate over whether the community should “drop out” of the provisions of the act are premature at best. Guess what? LB454 specifies no provision for a local governmental subdivision to essentially void the bill within their border.

My understanding is that the drop-out proponents are basing their legal arguments on a provision of the law which prohibits concealed-carry in certain venues, including "any other place or premises where handguns are prohibited by law or rule or regulation."

Note the sentence in question says “handguns”—not “concealed handguns.” Doesn’t that sentence appear to mean that for an entire municipality to qualify as a prohibited location, it would be necessary for Lincoln to ban the possession of handguns in their entirety within city limits… not just the concealed-carry of them? Just asking.

Also, it seems to me that the debate on whether to allow a legally issued concealed-carry permit to be valid in Lincoln (if indeed they have the authority) should proceed on the facts, and it isn’t. Attempting to justify dropping out by citing the possibility of domestic violence – or that permit applicants could be guilty of a misdemeanor crime of violence and still be approved—is essentially specious.

The facts are that federal law (18 U.S.C. 922) prohibits an individual from purchasing or possessing a firearm if they have been convicted in “any court of a misdemeanor crime of domestic violence,” and the prohibitions in 18 U.S.C. 922 are grounds in LB 454 for denying the issuance of a Nebraska permit to carry, as is any felony conviction.
(It’s actually overkill, if you think about it—the person can’t even legally own a gun—how could they possibly be permitted to carry one?)

The same federal statute also prohibits the sale to or possession of a firearm by any individual who has been the subject of a “court order prohibiting contact with the intimate partner or child of partner” of the hearing held attendant to the order includes a finding that the person “represents a credible threat and explicitly prohibits the use of physical force.”

Parenthetically, it would surprise me to find that Police Chief Tom Cassidy is not aware of these federal provisions; their original adoption was a cause of some concern in the national law enforcement community, which found itself in some jurisdictions with law enforcement officers who were no longer able to legally possess or carry a firearm because of a previous domestic violence conviction. That being the case, the only conclusion I can come to is that he has joined Chief Bill Muldoon of Nebraska City in camping vigorously against a piece of legislation that has not yet been thoroughly researched.

So far as the possibility of an individual who has been convicted of a misdemeanor crime of violence being approved for a concealed-carry permit, that too is prohibited by LB 454, which states that a “crime of Violence” is automatically grounds for denying the permit. It does not specify a felony crime of violence, just a crime of violence. End of argument.

The Federal law, 18 U.S.C. 922, that Senator Combs refers to.

Lincoln's Attempt to Override the State Concealed Weapons Law

Mayor Seng and Police Chief Casady have been crafting a law that would override Nebraska's new Concealed Weapons Law. They have taken it upon themselves to crusade for a concealed weapons ban in Lincoln. After doing some research I found a article from the Lincoln Journal-Star on April 20, 2006 titled "Seng plans to propose concealed-weapons ban". In the article Casady is quoted to say, " While the law prohibits convicted felons from carrying guns, it allows people convicted of misdemeanors - including "people with pretty scary records" that include offenses such as stalking, violating a protection order, third-degree sexual assault and impersonating a law enforcement officer- to carry guns."

Read the entire article from the Lincoln Journal Star.

Granted I am not a attorney but I did some searching on Lincoln's web site and found the following:

Lincoln Municipal Code
Chapter 9.36
Weapons


9.36.100 Unlawful Possession of Firearms.

It shall be unlawful for any person to possess any firearm within the corporate limits or on any property of the City of Lincoln outside the corporate limits when that person has been convicted of any one of the following offenses within the last ten years: Stalking in violation of Neb. Rev. Stat. 28-311.03 or any other comparable or similar state statute from another state; Violation of a protection order as set forth in Neb. Rev. Stat 42-924 or Violation of a foreign protection order as set forth in Neb. Rev. Stat. 42-931; False imprisonment in the second degree in violation of Neb. Rev Stat. 28-315; Sexual assault in the third degree in violation of Neb. Rev. Stat. 28-320; Impersonating a peace officer in violation of Neb. Rev. Stat. 28-610; or Impersonating police officer in violation of Lincoln Municipal Code 9.08.060 ...

I looked up the Nebraska Rev. Stat. 28-311.03 pertaining to stalking that the Lincoln Municipal Code referred to and it stated the following:

28-311.03
Stalking

Any person who willfully harasses another person with the intent to injure, terrify, threaten, or intimidate commits the offense of stalking.

28.311-04
Stalking; violations; penalties.

Any person convicted of violating section 28-311.03 shall be guilty of a Class I misdemeanors, except that any person convicted of violating such section who has a prior conviction under such section within the last seven years for acts committed against the same victim shall be guilty of a Class IV felony.

It looks like to me that under the Lincoln Municipal Code anyone who has been convicted of stalking, violating a protection order or third degree sexual assault, is breaking the law if they possess a firearm let alone try to get a concealed weapons permit. I think that the Mayor and the police chief have the "Chicken Little Syndrome".