From the Heartland

This is my soap box, on these pages I publish my opinions on firearms and any other subject I feel like writing about.

Thursday, July 27, 2006

I can Hear the Backlash now; You favor criminals owning guns

It actually took some intelligence to think up the travesty that Mayor Seng, Councilmen Cook, Marvin, Svoboda and Police Chief Casady are cooking up now.

Any opposition to the proposed ordinance that bans firearms posession or aquisition of a concealed carry permit will be met with the following;

"If you don't support this then you must be in favor of letting criminals have guns."

Let me get this up front and perfectly clear so that there is no misunderstanding;

I am not in favor of persons convicted of crimes that preclude firearms ownership from owning firearms or aquiring a concealed carry permit.

Firearms ownership is not the issue here. The Constitution is.

It is not legal for Public Officials, no matter their reason, in crafting ordinances to do so when that law is in clear violation of the Constitution.

I can cite several statutes and the associated case law that prove what the above named individuals are attempting to do in unconstitutional according to the Constitution of the State of Nebraska. But then I have done all that already on previos pages of this Blog.

All one really has to do is read Article 1 Section 1 of the State Constitution to realize that what these Public Officials are attempting is in direct contridiction to the rule of law and the will of the people.

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.

What part of "shall not be denied or infringed by the state or any political subdivision there of" do they not understand?

Let me make this perfectly clear nowhere in the State Constitution or the State Statutes does it give the City of Lincoln any authority or power to decide who or who should not posess a firearm.

In fact Article 1 Section 26 is quite specific in regards to the exercise of power;

This enumeration of rights shall not be construed to impair or deny others, retained by the people, and all powers not herein delegated, remain with the people.

Nowhere in the State Constitution does it give the State nor any Political Subdivision the power to regulate firearms. Many will claim that it is in the inherent police power of a political entity, but that is negated by case law;

A state agency may not, by invoking the doctrine of police power, exercise powers not granted it by and inconsistent with provisions of the state Constitution. First Trust Co. of Lincoln v. Smith, 134 Neb. 84, 277 N.W. 762 (1938).

This section is characteristic of republican form of government and distinguishes such government from monarchy or oligarchy. State ex rel. Harte v. Moorhead, 99 Neb. 527, 156 N.W. 1067 (1916).

Police power is one of the powers which has been reserved by the people of the state, and which cannot be surrendered. Chicago, B. &Q. R. R. Co. v. State ex rel. City of Omaha, 47 Neb. 549, 66 N.W. 624 (1896)

Nowhere in the statute that was created by LB454 does it give power to Political Subdivisions to decide who or who is not eligable for a Concealed Carry Permit. That criteria is specifically spelled out in Section 7 of that statute.

And there is no language in that law that gives power to Political Subdivisions to modify it.

Chief Casady has been publically articulate about certain Lincoln Citizens that have amassed a conviction record or misdemeanor crimes and that they would still be eligable for a concealed carry permit.

While I highly doubt that any of these miscreants would actually apply for a permit one has to wonder how many of the misdemeanor crimes that they have been convicted of started out as felonies and were plea bargined down for the sake of expediancy.

If that is the case then the blame for these "blights on society" still being able to own firearms rests squarely on the backs of Gary Lacy (Lancaster County District Attorney) and Dana Roper (City Attorney) himself.

That they have been derilect in not vigorously prosecuting the offenders that the hard working men and women on the Lincoln Police Force and the Lancaster County Sheriffs Department have brought before them is not a valid reason for the Mayor and certain members of the City Council to violate articles of the Constitution.

This is not a crime issue it is a Constitutional issue wrapped in an emotional blanket sewn by those that should have been more rigorously enforcing the law all along.

The fact is that Dana Roper and company are now having to cover up their past derilictions of letting potential felons skate with misdemeanor convictions by crafting unconstitutional ordinances.

I do know that the Peace Officers employed by the City and County do an outstanding job of bringing solid cases to the Prosecutors Offices. I also know of the frustration involved in presenting such a case only to have Roper or Lacy's Office plea it down to a simple misdemeanor for the sake of expediancy or clearing the docket for "more important cases".

Again this is not a criminal issue, this is an attempt to cover up shoddy prosecutorial work on the part of the very person who is crafting this unconstitutional law.

So I ask what part of "they do not have the power to do this and if they do it will be in violation of the State Constitution and an affront to their oath of office does Seng, Roper, Marvin, Cook, Svoboda and Casady not understand"?

Wednesday, July 26, 2006

Coleen Seng (Svoboda) in a three piece suit shows his true colors

Only one day after telling the local news media that the Omaha City Councils decision to repeal a concealed carry ban for permit holders gave him a change of heart on the issue, Republican Lincoln Councilman (at large) The Tinman Ken Svoboda sucked up with The Wicked Witch Mayor Coleen Seng Cowardly Lion Jonathan Cook and The Scarecrow Dan Marvin to introduce another unconstitutional city ordinance.

The Wizard of Oz City Attorney Dana Roper and his munchkins minions are hard at work crafting the illegal law that will be introduced at next Mondays Council meeting.

For the last two years I have numorous times documented and detailed why, according to the State Constitution and statutes, what the travellers on the Yellow brick road are doing is illegal. It has to be blatantly obvious at this point that a good number of this cities glorious leaders either have no knowledge what their oath of office means or they simply do not care that they are required to legislate according to the Constitution and the laws of this state.

My personal opinion is that it is a combination of both. Being on the City council has them all swelled up with themselves and they are too good to live by their oath or the laws of Nebraska. More than one may just not give a crap about prevailing law, they have their agenda and come hell, high water or illegal law they will get their way.

Sadly it is my considered opinion that Seng, Svoboda, Cook, Marvin, Roper, and Casady fall in that last catagory.

Read the Illegally proposed garbage for yourself

Tuesday, July 25, 2006

Dana Roper needs to get a refund on his law degree

Now that the Wicked Witch Gramma Seng and her munchkins minions have been cut off at the knees on their irrational fear of firearms attempted gun ban they are taking new tact;

An Ordinance that bans firearms from government buildings.

The city law office has already drafted a city ordinance that will ban all weapons at all buildings owned or leased by the city or county.

Oh and I am sure I had nothing to do with this!!! (Wink!! Wink!!)

I've got knews for them.


The Wizard of Oz City Attorney Dana Roper laid it out himself over the course of the debate on the Mayors move to ban CCW. He cited the City Charter AND state statutes that give the city the power to ban concealed carry.

Authors note; I believe that power was rendered null and void by Initiative Measure No. 403 in 1988 and sections 10 and 15 of the CCW law that the Unicameral passed this last session. I submitted a written statement to that effect to the City Council.

I also know two things for a fact;

1. A copy of that statement was forwarded by a Council Member to Dana Roper with a request for his legal opinion and,

2. Dana Roper has had over a month to respond to an official City Council request for a legal opinion on my statement and to date he has not responded.

Personally I don't think he will, because he can not refute my arguement. So, rather than offer up some hollow weak kneed reply Dana is choosing to remain silent.

Roper might be able to make a barely convincing to some people arguement for the banning of concealed carry in the government buildings, but the ordinance stipulates all weapons and there is no way, shape or form the city can ban OPEN CARRY anywhere.

The County-City Building Commission recommended banning weapons in the buildings, Roper said.

Well whoopti do da day the Building commission recommended it, Big la ti da!!

Like their recommending it makes it all legal?

I got more knews for you Dana this proposed ordinance is just as unconstitutional as the ban the Council just tabled and you know it. Anyone that that proposes this and/or votes for it will be, in my opinion, violating their oath of office.

There is also a little bug whispering in my ear that if this should go forward, any one of a number of National Firearms Associations will challenge it in court.

Listen close can you hear it??

That is the sound of thousands of tax dollars the city doesn't have being flushed down the toilet of another losing legal battle.

Note to the powers that be in Lincoln;

With the budget problems that face this city right now do you want to commit tens of thousands of tax payer dollars to a lawsuit that you are going to loose anyway?

Don't believe me Just ask Ray Nagin (Mayor, New Orleans, La.) How many tax dollars the NRA and the Second Amendment Foundation (SAF) cost that city because he chose to screw with the citizens gun rights.

Just ask the State of Ohio and a few of its cities how many tax payers dollars it cost them in their loosing battle with the SAF.

Just ask the many townships in Virginia that tried to exceed their authority and ended up spending thousands of tax dollars in a losing legal battle with the Virginia Citizens Defense League (VCDL).

These are just a few examples, but if you want to buck the odds go for it. I am sure the cities tax payers will be indebted to you for wasting even more of their money.

Local Businesses to post "No Gun Signs"

Already local businesses are getting ready to post signs banning concealed firearms on their premises as reported in the Lincoln Journal Star.

With that the No Guns = No Money campaign is kicking into high gear.

Many of Lincoln's Pro CCW folks are already putting together the business cards that have worked so well in many of the other states that have enacted CCW.

Note to Lincoln Businesses;

If your hurting now from lost revenue due to the smoking ban and any of the other misguided things the Mayor has succeeded in accomplishing the last thing you want to do is piss off this communitties law abiding firearms owners. We can be a surely lot when we feel we are being disrespected or marginalized.

Understand that should you post "No Guns signs" we will respect your private property rights, because we are law abiding citizens. We won't leave our side arms in the car, we just won't darken your door or cash register with our hard earned yankee dollars.

Do you understand that; We are making a list and checking it twice to find out if your naughty or nice. Not only won't we patronize your place you won't even get a lump of coal.

My wife and I eat out regularly and just as an example we generally spend a few hundred bucks a month at a certain eatery. Should that eatery post signs they will be loosing approximately $2400.00 a year, and that is just from us. Consider that we have friends and family that are are pro CCW that eat there as well. By posting a "No Gun sign" that business will likely loose the better part of $10,000.00 a year, and that is just from the people I know. How many other folks will not eat there after the signs are posted? This one business alone could loose tens of thousands of dollars in yearly revenue.

But hey if you can afford it by all means go for it, like I said we the law abiding firearms owners will respect your decision and stay away from your businesses.

Didn't we learn anything from the smoking ban fiasco?

Authors note; Yes I know about the story included information on a proposed ban for public buildings. That will be the crux of a post all its own. Stay tuned!! Same Gun time, Same Gun Blog!!!!!!!

Monday, July 24, 2006

Take a Day off and see what happens

I made a simple post about an addittion to my Blogroll this morning for something to do and then spent the rest of the mornng pruning some of the apple trees. Early this afternoon the wife and I went to do some banking business before stopping off at Merle's in Emarald for some cooooolllld ice tea.

By the time we got ready to come home the evening sports show was on the radio so I missed all of the afternoon news. I arrived home to several messages on the answering machine and a phone ringing off the hook.

It seems that while we were out enjoyiny ourselves the City Council did someting sensible.

At todays meeting Councilman Jon Camp made a motion to consider the concealed carry issue and the Council voted 5-2 to kill it.

Yes Kill it as in dead, gone and buried. Well Mostly so anyway!

It can only be brought up again if one of the Council members from the winning side of the vote asks that it be reconsidered.

I am extremely elated that the Council chose to do this. I am reserving concern though as Councilman Svoboda voted with the majority and even though he is a Republican he has publically expressed that he was against LB454 (the state law) and that he supported the Mayor on this ban.

Svoboda has expressed interest in being the next mayor and the state and county Republican platform both supports concealed carry.

My conclusion at this point is that Svoboda either voted with the majority so that he can have it brought up again, or party representitives backed him into a corner and while tightening his tie a bit explained how toeing the party line favors those running for higher office.

If you haven't heard it from anyone else Ken;

If you want to be Mayor you need to support the party if you want the party to support you.

Here's what the Journal Star has to say

New Blogroll entry

I realize that everyone that reads this Blog may not be of the same political mind as me.

In that vein another Nebraska Blog has come to my attention and I am adding it to my Blogroll.

Check out Hosh at The House of Hosh.

I also note with gratitude that he has me on his Blogroll as well.

Warning; He supports Dave Hahn (Democrat) for Governor. (Hehehehehe)

Welcome to the Blogroll Hosh.

Friday, July 21, 2006

Fahey is a Dumbass

Seems like Omaha's Mayor Bloomberg wannabe Fahey has some dellusional fantasy that he and he alone can create law and and ban guns from city property.

Hey Fahey those places belong to the people of Omaha, it is not your own little fifedom.

In the manner of a facist Dictator Fahey proclaims no firearms will be allowed on the peoples property.

From the Omaha Weird Harold (no link they require registration to read their tripe);

A day after the Omaha City Council passed an ordinance undoing the city's ban, Mayor Mike Fahey ordered that all city-owned property be gun-free.

That includes Rosenblatt Stadium, the Omaha Civic Auditorium, pools, golf courses, public works buildings, fire stations and any other city-owned property except for law-enforcement buildings.

The mayor's order takes effect "just as quickly as we can build signs and start putting them up," said Paul Landow, Fahey's chief of staff.

"We've already spoken to Bob Stubbe," the city's public works director. "We told him, per the mayor's instruction, to please start building some prototypes of signs," Landow said.

HAHAHAHAHAHAHAHA that is the funniest thing I have heard all week Dumbass

Try to enforce it Dumbass.

Your panzy ass crybaby executive order has no weight or force of law behind it Fahey. You cannot create law with the stroke of a pen.

What is the crime? What State Statute applies here? Under what city ordinance will a person be charged?

Does Omaha have an ordinace that makes it a crime to make the Mayor cry?

I can see it now;

Bailif: Here ye Here ye Court is now in session, the Honorable Judge Roy Bean Burrito presiding;

Prosecutor: Your Honor the defendant is charged with pissing the Mayor off.

Judge: Could you cite the specific statute under which you have brought this person before me?

Prosecutor: Well your Honor there is no specific statute that we can charge the defendant with but the Mayor did poop in his pants when he heard that the defendant in preventing her rape was carrying a firearm in a city park. An action that is clearly contrary to the Mayor temper tantrum on concealed carry. He wrote an executive order forbidding that Judge.

So you made a proclomation Fahey, so flipping what. Tell you what Mayor why don't you make a few million copies of your order, printed at tax payers expense and we will see to it that they all get put to good use.

We'll wipe our asses with them, that is all they will be good for.

If I had the Omaha open carry permit I would take a special trip to the River City just to see if I can get the Mayor to piss in his pants by open carrying a sidearm in one of "his" city parks.

It won't be the first time this month I have pissed a Mayor off by wearing a gun.

As I said Fahey is a dumbass and anybody that thinks his dictitorial temper hissy is legally binding on anyone is an even bigger dumbass.

Hat tip to Vinnie @ Vincent Aut Morire for this as I saw it there first (I'd insert link but it seems all of the Munuvian sites are down)

P.S. If I lived in Omaha I would be all over some bodies ass for wasting tax dollars that Omaha doesn't have for creating signs at tax payer expense that cannot be used to enforce anything.

Symbolism over substance.

Maybe the cities miscreant population of gangbangers will use them for target practice.

I can't wait untill Gramma Seng tries this shit.

Thursday, July 20, 2006

"Princess Di", Brain Dead or Just an Air Head?

State Senator "Princess" DiAnna Schimek could not get her pantywaist, liberal, all guns are bad cry baby way in the Unicameral and she is still throwing a temper hissy.

Recently she penned a guest editorial in the Lincoln Journal Fishwrapper backing the ever embroiled in controversy Mayor Coleen "Gramma" Sengs Concealed weapons ban ordinance. Just like all of the anti gun, anti individual, anti freedom left wing whackos that have been featured in the Lincoln Birdcage Liner Since LB454 was signed into law Schimeks ditribe lacks substance and fact.

I have been trying to fisk this piece for the last two days. I just can't do it with out repeating ad finitem all of the same things I have been saying on this blog for the last two years.

So here is the link check it out for yourself.

"Princess Di" regergitates debunked data as fact

Monday, July 10, 2006

"Sticky Post" Nebraska Blogger bash

It seems that there might be some interest in a meeting of the Cornhusker States most intellectual minds .... aka a Blogger Bash. Lets use this post as a starting point:
First how many Nebraska Blogggers would like to attend? The Bash is open to any anyone that has a Blog, it does not have to be political (left or right).
I am tentitively thinking of the first Friday or Saturday in August to give people plenty of time to respond and plan.
I am also thinking of a location in Lincoln.
Leave a comment on this post and spread the word via your own Blogs, if there is enough interest I will set something up and e-mail the details of the when, where & time. If anyone has a preference for a location include that too.
I am going to "sticky date" this to the top of the blog for a few weeks so it can get some exposure.

Saturday, July 08, 2006

"Sticky Post" CCW meeting

There will be a meeting on Monday July 17 at 7:00pm to dicuss stratagies for the Mayors proposed ban on CCW in Lincoln, Nebraska.

We will also be discussing the formation of a formal organization that will be used to address CCW not only locally, but statewide.

Anyone interested in speaking at the open session of the Lincoln City Council should plan on attending.

The meeting will be held at the Hi-way Diner located in the 2100 block on the south side of Hwy 2.

For more information and to sign up please visit;


The sign up/meeting post is in the General Discussion Forum.

Friday, July 07, 2006

Newest addition to the Blogroll

David Codrea, author of the Blog War on Guns has been kind enough to add me to his Blogroll. I am cheerfully returning the favor, not only because he was kind enough to write about me last week, but because I am familiar with his work and think a lot of his trestises on firearms is a must read for anyone that believes in the Right to own guns.

Thanks David and here's to you.

Monday, July 03, 2006

They are more than just words on a paper

They are the living embodiment who we have been, who we are now and who we will be in the future. Men far greater than ourselves, at the risk of their own lives with a vision for the future forged this nation from their hearts and souls. It was their ultimate gift to us. The 4th of July is a day of rememberance for the sacrifices that they and all Americans have endured since the fledgling beginings of what has become the greatest Nation on earth.

Let not they be forgotten and oft repeated;

I Pledge alleigence to the Flag
of the United States of America,
And to the Republic for which it stands,
one Nation UNDER GOD, indivisable
with Liberty and Justice for all.

The Star Spangled Banner

Oh, say can you see by the dawn's early light
What so proudly we hailed at the twilight's last gleaming?
Whose broad stripes and bright stars thru the perilous fight,
O'er the ramparts we watched were so gallantly streaming?
And the rocket's red glare, the bombs bursting in air,
Gave proof through the night that our flag was still there.
Oh, say does that star-spangled banner yet wave
O'er the land of the free and the home of the brave?

On the shore, dimly seen through the mists of the deep,
Where the foe's haughty host in dread silence reposes,
What is that which the breeze, o'er the towering steep,
As it fitfully blows, half conceals, half discloses?
Now it catches the gleam of the morning's first beam,
In full glory reflected now shines in the stream:
'Tis the star-spangled banner! Oh long may it wave
O'er the land of the free and the home of the brave!

And where is that band who so vauntingly swore
That the havoc of war and the battle's confusion,
A home and a country should leave us no more!
Their blood has washed out their foul footsteps' pollution.
No refuge could save the hireling and slave
From the terror of flight, or the gloom of the grave:
And the star-spangled banner in triumph doth wave
O'er the land of the free and the home of the brave!

Oh! thus be it ever, when freemen shall stand
Between their loved home and the war's desolation!
Blest with victory and peace, may the heav'n rescued land
Praise the Power that hath made and preserved us a nation.
Then conquer we must, when our cause it is just,
And this be our motto: "In God is our trust."
And the star-spangled banner in triumph shall wave
O'er the land of the free and the home of the brave!

I am Gunscribe I am proud to be an American.

On the 4th of July in the year of our Lord Two Thousand and Six, I pledge to remember, honor and celebrate those who have gone before me sacrificing all so that I may live the life I have today.

God Bless America