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".