It is just not the FiveseveN they want to Ban

H.R. 1136 and its companion bill SB. 527 in the Senate does far more than just ban the much aligned FiveseveN Pistol along with the SS190 and SS192 ammunition that it uses.

The purpose for these bills is expressed in the preamble of each;

To protect the Nation's law enforcement officers by banning the Five-seveN Pistol and 5.7 x 28mm SS190 and SS192 cartridges, testing handguns and ammunition for capability to penetrate body armor, and prohibiting the manufacture, importation, sale, or purchase of such handguns or ammunition by civilians.

That seemingly inocuous statement gives the impression that the sole target of this legislation is one firearm and the two types of ammunition that is currently available for it (depending on what country your in).

Reading farther into the bill though one realizes that it is not just the FiveseveN that is the target.

In Section 2 Findings and Purpose paragraph (a) is FiveseveN specific, while paragraph (b) gets to the real and intended purpose of H.R. 1136 and SB. 527;

(b) Purpose- The purpose of this Act is to protect the Nation's law enforcement officers by--

(1) testing handguns and ammunition for capability to penetrate body armor; and

(2) prohibiting the manufacture, importation, sale, or purchase by civilians of the Five-seveN Pistol, ammunition for such pistol, or any other handgun that uses ammunition found to be capable of penetrating body armor.

Both SB 527 and H.R. 1136 seek to have all handguns tested and any that are found to use ammunition that is capable of penetrating body armor will be banned.

Without listing the entire liteny of handguns that use ammunition that is capable of penetrating body armor, just consider the few that are relatively benign for the purposes of personal protection and self defense.

The first that comes to mind is the single shot Thompson Center Contender and any of its clones. This particular handgun comes in a variety of rifle calibers including the .223, 243, 7mm-08, 30-30 and 45-70.

Because of their ballistics any or all of these cartridges will penetrate body armor worn by Police Officers and the Contender and its clones would be banned under this law.

There are also any number of single or multiple shot bolt action handguns used exclusively for hunting that would be banned by this law and we haven't even addressed the most common firearms that are used by millions of citizens everyday to protect themselves.

Section 3 Armor Piercing Ammunition, calls for an expansion of the definition of armor piercing ammunition to include;

(iii) a projectile that--

(I) may be used in a handgun; and

(II) the Attorney General determines, pursuant to section 926(d), to be capable of penetrating body armor.'.

(b) Determination of Capability of Projectiles to Penetrate Body Armor- Section 926 of title 18, United States Code, is amended by adding at the end the following:

"May be used in a handgun". How is that for a catch phrase? It doesn't even have to have been chambered in a handgun at any time. Under this bill if the Attorney General "determines that a cartridge may be used in a handgun" and is capable of penetrating "body armor "exemplar" it will be rated as armor penetrating. Well there goes the 30-30, 30-06 308 and 270, not to mention the 300, 7mm or any of the other magnums. Further reading of this section gets to the very core of what is meant to be accomplished with this legislation;

(d)(1) Not later than 1 year after the date of enactment of this subsection, the Attorney General shall promulgate standards for the uniform testing of projectiles against Body Armor Exemplar.

(2) The standards promulgated pursuant to paragraph (1) shall take into account, among other factors, variations in performance that are related to the type of handgun used, the length of the barrel of the handgun, the amount and kind of powder used to propel the projectile, and the design of the projectile.

(3) As used in paragraph (1), the term `Body Armor Exemplar' means body armor that the Attorney General determines meets minimum standards for the protection of law enforcement officers.

Paragraph (3) is the crux of the bill, as it allows the Attorney General to determine what body armor will be used for the tests. It is commonly know that most Police Officers are equipped with Threat level IIIA or higher body armor. In his/her infinate wisdom an Attorney General could very well "determine" that Threat Level IA is the media to which all tests will conducted.

In fact Section 2 paragraph (3) specifically refers to Threat level IIA body armor;

(3) The Five-seveN Pistol and 5.7 x 28mm SS192 cartridges are capable of penetrating level IIA armor. The manufacturer advertises that ammunition fired from the Five-seveN will perforate 48 layers of Kevlar up to 200 meters and that the ammunition travels at 2100 feet per second.

Should that happen there is very few handgun calibers that will be available for the private citizen to have for personal protection or HUNTING for that matter.

Section 4 Armor Piercing Handguns and Amunition addresses certain word changes to the applicable section of USC Title 18, but the most glaring change found in that section is;

(1) IN GENERAL- It shall be unlawful for any person to manufacture, import, market, sell, ship, deliver, possess, transfer, or receive-- (C) any other handgun that uses armor piercing ammunition.

H.R. 1136 and SB. 527 go way beyond just banning the Fiveseven and its ammunition. This legislation is an outright assault on any and all of the calibers common or not so common to any and all of the shooting sports and self defense.

The bottom line is that even if you don't own a handgun or have never even contemplated owning one and you are content with your deer rifle and shotgun, these bills may very well ban the ammunition for that rifle because it was at one time, currently is, or "may be determined" by the Attorney General as "capable of being" chambered in a Handgun.

INS building in Lincoln, Nebraska Evacuated

After a suspicious powder was found in the mailroom of the Immigration and Naturalization Service Building authorities evacuated and cordoned off the area.

As of mid afternoon authorities said tests on the unknown substance are consistant with the chemical make up of deoderant.

What ever it is it was apparently inhaled by some of the INS employees and all were decontaminated and sent to a local Hospital.

The lincoln Jopurnal Star has this report on the incident.

More on the smoking ban as the dollars minus down

I have covered this issue several times in the past and the more time that passes the more it is proving out that Lincoln is and will continue to loose an awful lot of money because of the ban.

Mary Harris Rauner, Manager of of BC's Bar in Lincoln has a very inciteful opinion that has was recently published in the Lincoln Journal Star.

Ms. Rauners figures are as current as has been released and she makes makes a point that I alluded to in a previous post;


One of the areas that can be positively identified with the effects of the smoking ban are the Keno figures from the City of Lincoln. Even with a massive (and very expensive) promotion in the month of February, keno revenue is down $943,250 for the City of Lincoln through the first quarter of 2005. The small towns surrounding Lincoln however, are up almost that amount, with Waverly, Crete, Denton, Raymond and Sprague up $755,310 for the same period, according to the state department of revenue. The initial April and May figures reflect a greater loss for the city of Lincoln.

Ms. Rauner, as the manager of BC's, is in a postion to see first hand the effects of the ban;

I am trying to rebuild a viable and profitable business among the ashes of this ban. The work involved in revising our business plan to accommodate new clientele is essential for survival. We intend to stay in compliance with the ban, but I cannot be silent simply because Dart and his advocates do not agree with my stance on what I believe to be an issue of civil liberty.

Yes like she said it is a done deal and now it remains for those businesses that are most affected by the ban to either rise from the ashes or fall by the way side.

It seems there are a lot of spitefully happy people, whether they know it or not, that are walking around town without a nose on their face.

Firearms update

I don't know if I mentioned this in past postings or not, but a few months ago I aquired a Mossberg SSI- One in 30-06 caliber. I mounted a Simmons 44 Mag scope on it before taking it to the range. Regretfully all I had time for was to get the thing on paper. We set up the target and put a box of shells through it at 25 yards. Shooting three shot groups all of the shots in each group were touching or practically in the same hole. Yea I know it was only 25 yards but they look good on paper and the wife hung one of the targets on the refridgerator when I got home. After that we spent a half a box of shells shooting at 20 ounce Mountain Dew bottles filled with water and set at 100 yrds. Not serious shooting I know but it was fun.

The one thing, besides the apparent accuracy, that I like about the gun is the interchangable barrels. The firearm has the lines of a Ruger Number 1 but breaks open like the Thompson Center Encore. Barrels are available in 30-06, 308, 270, 243, 22-250, 233, and 12 gauge. The 22 caliber barrels can be had in either standard barrel or bull barrel configuration. I may end up with one of the 22 caliber barrels one day.

There are two barrels available in 12 gauge; One is described as a Turkey barrel, in that it has an extra tight choke and is specifically made to hunt thanksgiving dinner. The other one is a rifled barrel for those that choose to or by law have to hunt their Big Game with a Shotgun. I have also aquired a 12 gauge rifled barrel and it is now installed on the SSi receiver and topped with a Bushnell 1.5 - 4 power Shotgun scope. I am really looking forward to getting out and shooting that barrel. Since, as it turns out, I don't have a handgun that is legal to hunt deer with in the State of Ohio this will most likely be the firearm I use for a planned hunt there this fall.

Hopefully I will be able to get out and do some shooting with the SSI and the 12 gauge barrel soon. When I do I will have a full report on it.

Life outside the internet

I have been so derelict in not posting for the last week or so, but spring/summer is really upon us and I have been enjoying some much needed time with the family.

The wife and I have been doing some fishing and competing in a few pistol matches.

Because of Doctors orders I am no longer able to play golf, but that hasn't stopped me from going to the golf course with my oldest son and helping him improve his game. At one time I fashioned myself a pretty decent player and had asperitions of trying out for the Senior Tour when I reached the age of fifty. I wasn't taking lessons, but two of the people I played with on a regular basis were and still are club pros. Just the act and pressure of playing with guys like that will bring your game to a whole new level and just for the record I was playing a minimum of three times a week and had my average down to 78.

I have also been having a lot of fun with the two Grandkids that still live in the area. Our Oldest Granddaughter just finished her first year of school (Kindergarten) last week and is rather rambunctious about the summer now. Her brother is 4 years old and has really been getting into fishing this year. Their Mom (my Daughter-in-law) is expecting our sixth grandchild in August.

Our other three Grandkids (two girls and a boy) live in another state and they suprised us with a three day visit.

I apologize for not being around much lately, but life calls and I do enjoy the family.

State (Vermont) V. Rosenthal V. Nebraska

In previous dissertations I have noted that Nebraska Constitutions CI-1 was meant to and does establish in Nebraska the same type of recognition for concealed carry that exists in Vermont. In this narrative I will point out the similarities between the two states and establish beyond a doubt that these similarities are intended and not a matter of coincidence.

In 1902 Andrew Rosenthal was arrested in Rutland, Vermont for carrying a concealed weapon in violation of City ordinance. His subsequent appeal and the resulting Vermont Supreme Court Decision in May of 1903 established what has been to this day the Concealed Carry Law in that state.

The Cliffs Notes version of the Vermont law is that; any person of legal age and not disabled by law from possessing a firearm may carry a concealed loaded firearm in the State of Vermont.

In 1988 at General Election a majority of the citizens of Nebraska voted in favor of Ballot Initiative No. 403. This purpose of this Initiative, as regarded by those I have spoken to that were involved in the process, was to create in Nebraska the same type of law for concealed carry that has existed in Vermont since the turn of the last Century.

The law in Vermont does not state the exact phrase used in the Cliff Notes version given above but there are several points in Vermont Law that result in the decision reached by the Supreme Court of the State of Vermont. These parts will be noted and compared to the appropriate section of Nebraska Law. The similarities are not a coincidence, they were INTENDED by those that drafted and shaped Ballot Initiative No. 403.

The first point is Article 1. of the Vermont state Constitution;

"That all persons are born equally free and independent, and have certain natural, inherent, and unalienable rights, amongst which are the enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining happiness and safety; therefore no person born in this country, or brought from over sea, ought to be holden by law, to serve any person as a servant, slave or apprentice, after arriving to the age of twenty-one years, unless bound by the person's own consent, after arriving to such age, or bound by law for the payment of debts, damages, fines, costs, or the like."

Article CI-1 of the Nebraska state Constitution reads;

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.

Note that the first article of the Nebraska Constitution is even more specific in regards to firearms than Vermont.

Article 16. of the Vermont Constitution reads;


"That the people have a right to bear arms for the defense 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 subordination to and governed by the civil power."

That the framers of what is known as CI-1 (Nebraska Ballot initiative No. 403) incorporated Articles 1 and 16 of the Vermont Constitution should be obvious at this point.


The Vermont Court also cited several of Vermont’s Statutes in its decision. The gist of some of these statutes relate to making it crime to carry a weapon with the intent to do crime (4922), Carrying on school grounds (4923), unjustly pointing a firearm (4924) and 4925 creates a punishment for injuring someone with a firearm.

Further the Court noted that under Vermont law municipalities are forbidden from enacting ordinances that are; "repugnant to the Constitution or laws of this state."

Power to make the ordinance in question was not expressly given the council, and they had no power to make it, beyond what is given under the general clause above quoted. The people of the state have a right to bear arms for the defense of themselves and the state. Const. c. 1, art. 16."

In an examination of Nebraska’s Constitution one finds further similarities found in Vermont’s Constitution and laws;

Nebraska Constitution Article CXI-5 in establishing the concept of home rule says the same thing; local ordinances may; "be changed or amended as provided in Section 4 of this article, subject to the Constitution and laws of the state."

Nebraska Statutes also define what power Municipalities have in relation to the Constitution.

State statutes that provide for metropolitan (14-102.1) and primary class (15-101) cities also state respectively;

"Metropolitan- A city of the metropolitan class may make all such ordinances, bylaws, rules, regulations, and resolutions not inconsistent with the general laws of the state"

"Primary- A city may put into its home rule charter any provisions that it deems proper so long as they do not run contrary to the Constitution or to any general statute."

Article CI-26 of the Nebraska Constitution states;

"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."

The gist of this is any power not given to the state remains with the people, meaning if the constitution doesn't say they can then they specifically CANNOT enact a law in an area they have not been given power over.

It really should be obvious to this point that Constitutional amendment CI-1 was specifically modeled after the Constitutional Articles 1 and 16 of the Vermont Constitution. In addition there are too many other similarities between the Statutes of the two respective states to be a coincidence. The reasonable conclusion that must be drawn from this; is that the Framers of Initiative Measure No. 403 researched Vermonts Constituion and specifically the Court decision State V. Rosenthal before carefully crafting the petition language that a majority of the citizens of Nebraska voted for in 1988.

Journal Star shooting blanks ... again

Recently the Lincoln Journal Star ran an Editorial condemning the concealed carry legislation that is being sponsored by Senator Jeanne Combs.

The Editorial accurately staes that only the most stalwart of citizens will be eligable for a license, but goes on to say that even these elite residents of the Cornhusker State cannot or should not be trusted with the ability to defend themselves.

Since the debate began for this years legislative session the media elite has elevated Nebraska City police Chief William Muldoon to poster boy for defeat of LB 454. In testimony before the Judiciary Committee Chief Muldoon, speaking on behalf of "all Police Chiefs" in the state, made several assertions concerning firearms that did not have any relevance to concealed carry.

"So many people see this as the right to defend themselves and don't see the dangers of having more guns in people's houses," Nebraska City Police Chief William Muldoon told the Journal Star last week.

Muldoon claims that the Nebraska Police Chiefs concern is the increased number of firearms in the homes. Somebody really needs to tell the Chief that the firearms he is concerned about are for the most part already in the homes, people just want the recogized right to keep a firearm with them as they go about their daily business.

The Editorial Staff is closes with a statement that either illustrates a complete disregard or utter ignorance of the 46 other states that have some type of concealed carry law.

It's hard to imagine that someone bent on committing a street crime would be deterred by the thought that the possible victim is carrying a gun. There's little use for concealed weapons, beyond the comforting feeling it might give to those who decide to arm themselves. Combs' bill would create more problems than it solves.

Like all of the rest of the "Doom & Gloomers" the Journal Star alludes to problems that have never ever manifested themselves in any of the other states that have enacted concealed carry.

It would be nice if the Journal Star and any other CCW detracter could specifically state what is so different about Nebraskans that they will ingage in the "Shootouts over parking spaces", "Gun fights over fender benders" and incidences of road rage that have not manifested themselves in 46 other states.

In other words Nebraskans your representitives, your publice servants and your news media has no faith in your ability to conduct yourselves as mature adults. Their view is that you are incapable of being entrusted with the tools to protect yourself and your family.

Their supposition is that despite you being a very law abiding citizen, that is capable of passing a Federal background check, "If we let you have a firearm you will just go out and get in trouble with it".

Nebraskans, as demonstrated by the success of CCW legislation in over 40 other states, your Politians, Public Servants and Media Representitives do no trust you to make decisions for yourself.

CCW Lost in the Shuffle Again

As noted in the previous post, Jeane Combs has pulled her priority status on LB 454, the bill that if enacted would have created a concealed carry law in Nebraska. I do not find any fault with Senator Combs for her actions. LB 454 or any of its previous forms have not been a popular issue with many of the Senators and they have always worked behind the scenes to prevent it. Any CCW legislation in Nebraska is an uphill against the windmills battle and Jeanne Combs deserves the thanks of all safety concious Nebraskans for her efforts in trying to make LB 454 a reality.

Granted I have not been in favor of this truely restrictive bill or any other for that matter. Anyone that has been reading this Blog for any length of time knows that I have articulated rather well that under the Nebraska Constitution and Statutes CCW is already legal in as it is in Vermont and Alaska.

I am appalled however at the treatment that this bill has gotten from the members of the Unicameral. Their attitude suggests that the citizens of Nebraska are inferior to the citizens of several other states that have successfully enacted CCW with out any of the problems that it is claimed will be visited upon the Cornhusker State.

It really was inevitable that it not advance this year or in any other year for that matter. There just is not now, nor has there been the grassroots support in Nebraska needed for this law to be enacted.

My main critique of this whole situation stems from the fact that the minimum 33 votes to bring cloture were apparently there this year and House speaker Kermit Brashear is gaffing off not only Senator Combs, but the citizens of Nebraska that support LB 454.

Combs and other supporters of the idea say it is their constitutional right to carry a concealed weapon and that doing so will help thwart crime.

My question here is why should any American citizen be required to petition the Government for a license to exercise a Constitutional Right, especially when that Right is so succenctly spelled out in the Constitution?

Article CI-1 of the Nebraska state Constitution reads;

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.

Further CI-26 of the Constitution states;

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.

No where in the Constitution has the people given power to the Legislature to regulate firearms and with Ballot Initiative No. 403 in 1988 a majority of the people told the Unicameral to keep their hands off the subject;

............ and such rights shall not be
denied or infringed by the state or any subdivision thereof.

When a government agency creates a system of bells and whistles that have to be blown and hoops that must be jumped through they are infringing and/or denying a Right

I do with a certain amount of trepidation accept the fact the the only way this will be settled to the satisfaction of all is a specific law that addresses CCW.

Running out of time is as convenient an excuse as any. And this is not a slight to Senator Combs that she was convinced to "pull in her guns" for another year. The popular support for LB 454 and the resulting pressure that a bill like this calls for just cannot be brought to bear on the Unicameral.


"With only 14 days left in the session, I had to strongly consider this compromise," Combs said.

Combs is further quoted;

Making the time crunch even tighter, said Combs, was the imminent threat of a filibuster attempt from Sen. Ernie Chambers of Omaha at every turn. Votes to cease debate and force a final vote normally come after eight hours of debate; there have been only about two hours thus far on the gun bill, and those during just the first of three legislative rounds.

Combs does have assurances, for what they are worth that LB 454 will be fore front on the aganda next year;

Brashear had no obligation to save a spot for it on next year's agenda. But Combs said he agreed, in writing, to put it on the agenda within the first 21 days of next session in exchange for her "passing over" her bill for this year. "This is an iron-clad guarantee," she said.

If Brashear had no obligation then what ever he agreed to in writing is not worth the paper it is printed on.

This isn't the first time a CCW bill has been carried over;

Former Sen. Gene Tyson of Norfolk introduced such a measure in 2003. It was advanced to second-round debate but never returned to the agenda — dying last year because of a rule that gives legislation a two-year shelf-life to be passed.

Since this bill (LB 454) didn't even make it past the first round what makes anyone think things will be different next year? It would seem that there is just to much attention being paid to this bill, both locally and nationally right now and those that oppose it hope to spirit it away until next year where it can be left out to dry with out the fanfare of national attention.

One of the biggest obstacles to LB 454 is the continued lies put forth by members of the Unicameral and certain Chiefs of Police around the state.

Chief Muldoon of Nebraska city has been the media poster boy since he testified before the Judiciary Committee;

"I'm simply pleased it didn't go through because it will give people more time to think about the bill," said William Muldoon, police chief in Nebraska City, upon learning of the development.

"But with all the organized support, it's getting more difficult to reason the safety issues because so many people see this as the right to defend themselves, and don't see the dangers of having more guns in people's houses."


I question the reference to organized support that the Chief aludes to. There has been no more support than usual from the NRA or any of the other groups in regards to Lb 454. If the Chief is referring to the number of people that testified on behalf of LB 454 at the Judiciary Committee hearing, they/we do not belong to any local grassroots organization. I/We are all independant citizens of Nebraska that are concerned with our safety as we go about our LAWFULL PURPOSES.

Hey Chief it is the Right of the people to defend themselves, that is the issue of safety.

Bill get a grip; the guns your worried about are already in peoples houses. CCW is not about more guns in houses it is about guns in the hands of law abiding citizens on the streets to defend themselves against the criminal element that you can't seem to catch or that the judges refuse to keep locked up. Stop twisting the issue into something it is not.

Show us where the enactment of a CCW law in any of the other states has resulted in the doom and gloom that you prophisize Chief.

We're waiting.

Senator DiAnna Schimek of Lincoln along with a few otheres have constantly been wringing their hands, gnashing teeth, renting garments and harping that;

"I believe that it encourages what is already prevalent in our society — a more violent attitude," said Sen. DiAnna Schimek of Lincoln. "I don't think that it's healthy for our young people to grow up in an atmosphere where everybody feels like they have to have a gun in their pocket to protect themselves."

There it is the, "Oh Woe is me, if we pass this there will be blood in the streets and shootouts over parking spaces" mantra that has been proven false in every single state that has enacted a CCW law. CWW laws have been so much a non-issue that in many states many of the original restrictions have been taken out of the law.

Wake up Di that kind of cut & paste diatribe from the daily rants of the Brady Bunch and the Million Commie Mommies got old a long time ago. Blood in the streets and the other acts of violence that you claim will visit Nebraska HAVE NOT manifested themselves in any other state that has passed this legislation.

The bottom line appears to be that you DO NOT trust nor do you have any faith in the citizens that elected you to office.

Show us where the enactment of a CCW law in any of the other states has resulted in the doom and gloom that you prophisize Di.

We're waiting.

LB 454 had been receiving to much attention this year with the Judiciary testimony and national publicity. Something had to be done behind the scenes to quell the issue for a time when it can quietly go away. Senator tyson learned that two years ago and it seems that all of us are learning it now.

Without all of the hoopla and fanfare of public comment the bill can be passed over for "more important issues" in the next session (the short one) much the same as it has been this year and in years passed. There will not be the attention given to it next year that it saw this year and that is a lesson from 2004.

Dead on arrival

In my last post I noted that I had a feeling that there were some things going on behind the scenes. I guess it was just wishful thinking on my part as to which direction they were going.

LB454 has been tabled until next year.

Jeanne Combs pulled the bill with assurances from Unicameral leaders that it would get the full attention it deserves NEXT year.

I'll believe that when I see it, but that is for another post, for now CCW legislation is now deceased and has been quietly placed back in it's coffin while the bands plays we'll get them next year.

LB454 Front and center

The Unicameral began to debate the merits of LB454 this morning (Friday).

Because of some problems with the signal for my service, and as luck would have it the cable company had a technician over during the time the session was being broadcast, I was unable to watch much of the debate. I caught bits and pieces of the session while my system was being unhooked, tested, rehooked and etc...

All that before the Unicameral ended their session at 2:00pm for the weekend.

From what I did see this is going to be a passionate discussion from both sides of the issue when they go back into session on Monday.

As the expression goes "The fat is in the fire now", the only thing standing between Nebraska and a CCW law is the number of votes that Jeanne Combs has in her back pocket to end a filibuster.

Does she have them???? She seems to think she does and looking at the number of co-sponsors plus the number of people that have voted for it in the past she very well could.

Matt Connely, who I have written about in the past, has stood shoulder to shoulder with Chambers in years past in opposition to CCW. This year Matt is signed on as a co-sponsor of the bill. There are a few others too that seem to be siding with Combs that were not there for Gene Tyson in all of the years that he sponosered CCW.

In the past it has failed only because it lacked one or two votes from bringing cloture to a filibuster. With Connealy and a couple of others on board the votes are technically there.

One would also have to wonder in Ernie Chambers thinks that she has the votes as well. Yes he will fight it tooth and nail because he has to, even he may see the writing on the wall. He is normally much more serious in the way of amendments for a CCW bill and his recent non-sensical attempt at putting the skids to CCW might hopefully be the last act of "A four fanged Corbra".

(Ernie styles himself as the "Corba of the Unicameral" and refers to bills he really doesn't like as "four fangers". Meaning that he will use everything at his disposal to defeat the bill.)

In talking to insiders one can't help but get a sense that there are some behind the scenes happenings that will effect the outcome of LB454.

I'm trying not to go out on a limb here or make predictions because I do not have any inside information to back me up. Only a gut feeling. In listening to some though, one could get the impression that this is "a done deal".

But don't quote me on that.

Lincoln voters send Werner packing

At the time of this posting the results have not been officially certified, but Terry Werner is so far down in the numbers that even if there is a snafu he is out on his Democratic logo.
Hopefully that ass is also pulling a donkey cartload of grandiose schemes that he and the other social elite have been trying to impose on Lincolnites for the last several years.

How ironic that in the days leading up to the election that Terry Werner asked the citizens of Lincoln to give it a year for the Keno money to come back and the voters of Lincoln responded by giving Werner a mere matter of days to clean out his desk.
As it wrings out Ken Svoboda gets to keep his seat, Robin Eschliman is elected to one of the at large-seats and Dan Marvin will be seated in the other one that was up for grabs.

In Werners perfect world he would have been re-elected and Dan Marvin would have also been elected so that they could cram their liberal agenda get some important things done with Mayor Seng. That this was not done will hopefully be a constant reminder to the Mayor and Marvin when he takes his seat.

Note: As I was about to post this KLIN radio reports that the results linked above are official.

The Senators Chambers are empty

The alerts from CCRKBA are always on point and informative. This one is no different and they bring it home to Nebraska by pointing out what extremes Ernie Chambers will go to in order to defeat a bill he doesn't like.

CCRKBA SAYS 'THE SENATOR'S CHAMBERS ARE EMPTY'
For Immediate Release: Contact: Alan Gottlieb or Joe Waldron (425) 454-4911

BELLEVUE, WA – In an obvious effort to filibuster and ridicule a concealed carry bill now before the Nebraska Legislature, State Sen. Ernie Chambers has introduced a bizarre amendment that would, among other things, punish violators by having their trigger fingers shot off by a fellow lawmaker. Nebraska is only one of four states that do not allow its citizens the means of self-defense.

The Citizens Committee for the Right to Keep and Bear Arms (CCRKBA) condemned the veteran Omaha lawmaker for injecting a serious debate with what amounts to "the ravings of someone who has overdosed on self-aggrandizement."

"It appears Ernie's chambers are empty," said CCRKBA Chairman Alan Gottlieb. "If this was intended as a joke, the senator needs a different hobby because he's no comedian."

Included in the amendment is a requirement for licensed citizens to "carry concealed the maximum number of pistols for personal protection due to paranoia and stark terror of the licensee toward the licensee's family, friends, neighbors, strangers, and possible enemy invaders."

Noting that Sen. Chambers has had help in the past to defeat pro-gun rights legislation in Nebraska, Gottlieb observed, "I cannot imagine any rational person standing in line to attach his or her name to this insulting screed. Anyone can appreciate good sarcasm, but suggesting that violators have their index fingers shot off by Sen. Jeanne Combs, the prime sponsor of the concealed carry bill, goes beyond the pale of good taste."

"Sen. Chambers has been around the Legislature a long, long, very long time," noted CCRKBA Executive Director Joe Waldron. "His Omaha constituents, who first elected him in 1970, should be ashamed that he has wasted their time and other legislative resources, on their nickel, to craft this sophomoric amendment.

"Childish behavior should be reserved for children," Waldron observed. "Perhaps Sen. Chambers is lucky there is not a ‘zero tolerance' policy in Lincoln as there is on every public school campus in the country, because after this episode, he'd be expelled."

Note to Senator Chambers;

Insulting and demeaning drivel like this does not belong in the Senate Chambers it belongs in the Chamber Pot.

You and I have always gotten along with respect and civility, but this is beneath even you Senator and it is my considered opinion that you owe not only the Honorable Senator Combs a public apology, but all Nebraskans as well.

Withdraw the amandment and apologize Senator.

New additions to the Blogroll

All of the new additions are Nebraska Bloggers who have put me on their blogrolls before I even knew who they were. After reading their Blogs I consider that an honor and have added them to my Blogroll as well.

Rather than try to write a blurb on each one, that wouldn't do them justice anyway, I'll just link to their site and you can see for yourselves.

Don't let me Stop you - What the heck; you'll do what you want anyway.

Ryne McClaren: A Weblog - Dispatches from Red State Nebraska

Plains Feeder - Views From The Feedlot

If you live in Nebraska and are interested in the issues these three Blogs should be part of your daily reading.

And Since I have Trolls on the brain

I have no idea if this has been done before or not so here goes;

(To the tune of Rawhide)

Trollin' trollin' trollin'
Trollin' trollin' trollin'
Trollin' trollin' trollin'
Trollin' trollin' trollin' Blogwrite

Trollin' trollin' trollin'
Though their heads are swollin'
Keep them trollers trollin', Blogwrite

Chart and graph and comment
Hope you like my vent
Writing .... just to make my point known
All the things I'm dissin'
Good links, I'm not missin'
Keep on reading as my craft I hone


Post 'em, on - write 'em up -

Write 'em up, - post 'em on -

Post 'em, on - write 'em up -

Blogwrite

Cut 'em out, - Paste 'em in -

Paste 'em in, - cut 'em out -

Cut 'em out

Paste 'em in Blogwrite



Keep writin' writin' writin'

Though their disagreein'

Keep them trollers writin', Blogwrite



Don't try to understand them
Just read 'em, fisk and diss 'em
Soon we'll all be "higher bein's"
My thoughts calculating
That my book will be waiting
A true best seller I am seein'

Post 'em, on - write 'em up -

Write 'em up, - post 'em on -

Post 'em, on - write 'em up -

Blogwrite

Cut 'em out, - Paste 'em in -

Paste 'em in, - cut 'em out -

Cut 'em out

Paste em' in Blogwrite...., yeah

Trollin' trollin' trollin'
Trollin' trollin' trollin'
Trollin' trollin' trollin'
Trollin' trollin' trollin' Blogwrite

(Yes sometimes I have too much time on my hands)

Trolling Trolling Trolling !!!!!

In a recent post, Where were the guns?, I pointed out that of the 13,000 + people targeted Operation Falcon netted 10,000 + really bad people and that I found it quite interesting that they only recovered a few over 200 firearms.

When I wrote that I wasn't actually fishing for trolls, but it seems I hooked one anyway.

NOTE: Trolls are always in season and one should observe the Catch & release method (after slapping them around with the kind of factual information they never seem to posess). Yes, it is perfectly acceptable to release an intellectualy abused and battered troll back into their natural habitat.

In the body of the post I, and in his comments to the post Kevin who writes The Smallest Minority used the phrase "Million Commie Mommies". Our hapless troll who goes by the screen name Northeastern Liberal Elitist apparently did not cipher that Million Commie Mommies is a not so gentle euphamism for the Million Mom March as he begins he tristise with "your assertion that only Commies".

ASIDE: Not much of a James Bond double naught spy is he?? NELE you should probably turn in your secret decoder ring and invisable writing pen.

Additionally I don't think NELE has been reading my blog all that long or he would not have made the comment he did concerning "The Gunshow Loophole". I thought I had addressed that pretty decisively last September.

The rest of his rant goes downhill from there, in that he alludes to a lot of things but only once does NELE ever cite one single source of reference for his assertions and then it is a generic reference and not anything specific.

As you all know from reading my Blog I am not much for pictures, graphs & charts. I just write a post with a link or two that hopefully challenges the thought process and motivates further research by the reader. That is my intent anyway; Read what I write as a begining and even if you agree with me don't just take my word for it, research the subject yourselves.

NELE was desereving of so much more than I usually dedicate to a post. I mentioned this particular feller to Kevin in an e-mail and added that should he feel the need to express himself on the "merits or lack thereof" of NELE's comments, I would look forward to reading them.

Not one to disappoint, Kevin invites NELE to the woodshed, and once there he insures that NELE has the facts, figures, charts and graphs necessary to mend his silly anti-gun ways.

Kevin begins his post with the assertion that I was taking pity on him for his lack of trolls by offering to share one of mine.

Not true, but I know you do enjoy fisking one from time to time, and he did take a umberage with the both of us.

Kevin brings a very detailed and informative style to his blog and NELE not only took exception to what I wrote, he took exception to what Kevin wrote as a guest commenter. I only felt it fair that he have the opportunity to respond (re: vebally spank) to NELE in his own forum.

Great job, I always learn something when reading The Smallest Minority, and I hope that readers that use my Blogroll for their reading do so as well. Kevin was one of the first that I added when I finally figured out how to do one and I have yet to regret it.

And no NELE, I do not delte comments, and Kevin does speak for me when he wrote;

"Alternate views" are welcome, so long as they are informed and not ignorant. Or if they're ignorant, as long as the presenter is willing to be educated. And speaking for both Gunscribe and myself, we don't delete the comments of our opposition. We use them."

Bad advice

Just get you one of these
I think the absolute worst advice I hear given to a person that is considering a firearm for personal protection is;

"Get yourself a ___ model ___ in ___ caliber, that is the only thing that is worth carrying." (or words to that effect)

Time and time again I hear or read supposedly well meaning people give that advice. Many times it comes from a friend or family member, often times it is repeated on message boards all over the internet.

Yes there are certain firearms that are not suitable for self defense. The Raven comes easily to mind along with several others. Advising a person what not to get is a whole different ball of wax than telling them specifically they need to get X.

Firearms like people come in many different shapes and sizes. To say that a specific sidearm is right for every one, just because it is right for you or that a famous so-n-so wrote it in a magazine is not good advice and potentialy does far more harm than good.

As most people that will read this are aware, serious firearms for self defense are either revolvers or semi-automatics. There are those that feel a low capacity revolver is obsolete and a person is not suitably armed unless they are carrying a semi-automatic with at least a 15 round magazine. The problem that some people have with the semi-auto variety is the strength it takes to cycle the slide. I have found this to be something that effects both men and women, especially those of smaller frame or an older age. For those that do not intend to become afficionados of pistolcraft or have difficulty with the operation of a Semi-auto the simplicity of a revolver may be the best option.

These are things that cannot be known until some time is spent with competant supervision handling various firearms.

In order for a person to be confident with a firearm it must be something they understand and be comfortable with its size and operation. A Barreta 92 is a reliable and formidable firearm, it is just too big for many people to handle and conceal without difficulty. Conversely a Khar can be a bit small for some people to shoot comfortably. That is not to knock either of these firearms, they are only mentioned as extremes.

Caliber is a consideration, but it should not be the sole determining factor in the selection process.


Caliber is really only important to the extent that a person can handle the felt recoil. Granted, as there are certain firearms that are not acceptable for self defense, there is a caliber threshold that should not be crossed. Generally speaking it is best to stay away from the twenty-twos, twenty-five, and thirty-twos for a serious primary personal protection handgun. The .380 caliber firearms should be the smallest caliber one should consider and truely there are few people that cannot handle the felt recoil of the .380's, the .38 special or 9 milimeter for that matter.

Certainly a 45 or 40 is a better choice than a 9 milimeter, however if a firearm in one of those calibers is too big for the users hand, too hard to conceal or has too much felt recoil the owner won't put in the range time or carry the firearm. This in itsself defeats the whole purpose of the aquisition in the first place.

Practice sessions must be enjoyable and if a firearm is two heavy to carry or hurts too much to shoot there will be any number of excuses for not putting in the time necessary to become proficient.

A sidearm is a personal choice that can only be made by the person that will own it. It doesn't matter a Tinkers darn how you feel about the gun you carry, it may or may not be the right one for me, or anyone else. That it works for you is the important thing.

If someone is intent on "helping" a person, it is far better to offer an array of suggestions. No it is not generally possible to "try out" all of the various options unless a nearby range has the facilities to rent any and all of them, which can also be an expensive proposition. Several trips to the range with friends and or family that own firearms will allow a prospective purchaser the opportunity to handle and fire a few different sidearms in various calibers, anyone of which may be the firearm that is best suited to the new shooter. Once the caliber question is settled in that it has been determined that the recoil of certain calibers is acceptable then a specific firearm can be sought.

If, for example the prospective buyer is comfortable with the recoil of no more than a 9 milimeter and can reliably cycle the action then all that remains is to "shop around" for a make and model that the recipient will feel comfortable carrying and want to practice with.

In the event that a person does not have the friends and family available to make the fore going a reality, the enrollment in a basic firearms safety class is a good and recommended option, especially if there is no or very limited experience with firearms. Many times the instructors of these classes will have various firearms available for use by the students.

Resist the temptation to proclaim the one gun that you have selected for yourself, take some time to introduce the new shooter to alternatives that may be better suited to their strengths and weaknesses. In the long run they will be much better armed and more enjoyably progress on the range with a gun that they will carry instead of leaving at home because it is to hard to operate, too heavy or just hurts too damn much to shoot.

Werner wake up your dreaming

Councilman Terry Werner, seeking to be re-elected to the Lincoln City Council, was interviewed on a local radio station recently and poo pooed the fact that the city is losing almost a million dollars a year from lost Keno receipts due in large part to the smoking ban enacted in November.

Werner told the listening audience that Lincolnites need to give it a year and the money will be back.

Keep on dreaming Terry. If the citizens of Lincoln are wise next Tuesday you will be dreaming your way along the unemployment line. The fact is the smoking ban is hurting the city and a year is not going to help. Keno players and others have already taken their business elsewhere and more than likely keep it there.

Bring up how well it is working in California and other places all you want to, but it doesn't amount to a Big Red fumble here. In California and other places the smoking ban is statewide, let me say that again so that you will understand it STATEWIDE.

There are just too many towns within a five to fifteen minute drive of Lincoln for people not to go some place where their cigarettes and keno dollars are welcome. As long as the ban is not STATEWIDE the money is gone and will not be back Werner.

This is the same Terry Werner, along with Mayor Colleen Seng and a few others tried to dip into the citizens pockets with a special election last fall. This special ballot measure was designed to fleece Lincolnites of their hard earned dollars and fund Werner and Sengs pet projects.

When the citizens of the Capitol city turned out in record numbers for a special election and soundly defeated their grandios schemes, Mayor Seng and Councilman Werner accused the voters of ignorance and insensitive to the needs of the city.

Abe who writes on a Blog entitled Don't Let Me Stop You waxes eloquent about a recent survey issued to the candidates by the Neighborhood Alliance.

Supposedly the survey was non-partisan and the Alliance is not endorsing a specific candidate. They did however grade them according to the answers the gave. If that is not a back door endorsement I don't know what is; "The Alliance says Werner gets an A and if you love the Alliance ............

Actually the Alliance has made it easy for me as I can vote for up to three of the candidates. I know Ken Svaboda, I wrote a piece last year on Robin Eschilman, Mark Kollers radio ads and interviews have impressed me. I plan on taking this list to my polling place and pull the lever for the bottom three names.

See how simple politics can be.

You be the Jury

Lincoln Police Officers resently arrested a 15 year old boy as he crawled from the basement window of a 22 year old woman's house that lived nearby.

Of course the miscreant youths parents are buying into and defending his story;

A Lincoln teen told his parents he broke into a neighbor woman's house to talk with her, .....

The Police however have a different take on it;

.......but authorities allege he had other plans on his mind, according to court documents.

It seems that the Police have just a wee bit of evidence to support their allegations;

When police arrested the boy early Monday crawling out of a window of the woman's house, he carried a knife, duct tape, rope and a condom, according to court documents. He also wore a ski mask and gloves, and he was barefoot.

Police said evidence indicated the boy had planned to sexually assault the woman.

Mom and Dad explain;

..... he didn't wear shoes because he didn't want to make any noise ....

Of course they (the parents) have yet to explain the knife, duct tape, rope, condom, ski mask and gloves.

Well, was he or wasn't he going there to rape the woman????

The woman in this incident was very lucky due in large part to her improvisational skills and quick thinking she managed to avoid possible serious bodily harm.

LB454 a good Law????

In response to a post I made on April 1st, Zendo Deb, a blogger I am proud to have on my Blogroll, left the following comment;

"I'm not sure any bill is better than no bill. Will this make a good law?

It is an excellent question and to answer it I felt a blog entry a much better forum than a response in the comments section.

Realize that this is my opinion and only my opinion.

This will not make good law by todays standards. It might have made good law 15 or 20 years ago. In that light it is not far removed from laws that the various states enacted during those years when CCW was first becoming an issue.

Since that time most, if not all of those states have modified their laws in a positive way by removing restrictions, enacting provisions for reciprocity and easing many of the other stringent requirements that have proven to be unnecessary.

Can and will this pending legislation be modified in years to come? I'm sure it will be, but at what price?

The price is the trust that Nebraska's elected officials do not have in the citizens that they have sworn to serve.

CCW has not been the "bloodshed in the streets", "shootouts for parking spaces" and "road rage incidents" that is was professed it would be. Given that why should the elected officials in the Unicameral subject the citizens to a 20 year old law that has been changed and modified in every other state it has been enacted in?

Why are a lot of states passing laws that lift the alcohol restrictions that they have had for years and Nebraska is passing a law with them in place? Why are other states changing or passing CCW laws with reciprocity or recognition in the bill (Ohio, Missouri) and Nebraska's representitives decline to even discuss it? The list goes on and on, but the point is that a lot of the things mandated in this bill have been a non-issue in the rest of the states and the citizens of Nebraska must be treated like first graders while the rest of the country is already in High School.

I find it amazing that any self respecting adult would willing to lobby for and accept that kind of treatment from people they have elected to represent them. They work for us, we do not answer to them.

The prevailing situation is a large degree of begging by the citizens for the Senators to enact a bill that will not make good law. The duty of a Senator is to vote the will of the people and their personal feelings.

Having said all that;

The problem is that there is just not enough interest in CCW by the citizens of Nebraska to pass a good law. That means that a law like this has to be the starting point. Over a period of time, a large part of the population of Nebraska will aquire a license/permit and they will become more interested in the subject.

This interest will make the citizens aware of the differencess between Nebraska and the other states. Nebraskans, at that point will wake up to the fact that they are under a thumb of oppression not felt in other states. Then and only then will this realization morph into a grassroots effort that it will take to make a silk purse out of the sow's ear that is LB454.

It was with this realization that I, and several other very good people sat before the judiciary committe and testified on behalf of this bill.

Good law? NO, but it is probably the only way to get the ball rolling in a positive direction.

Thank you Deb for your question, I only hope the answer I give does it justice.

Senator Chambers seeks to amend LB454

The esteemed Senator from Omaha has introduced AM1238 to amend Nebraskas pending CCW legislation.

In order to limit the number of firearms carried by any one individual in any manner Senator Chambers is proposing a mathematical quagmire that reads as follows;

Insert the following new sections:
"Sec. 23. To determine the number of pistols a licensee
may lawfully carry concealed under the Concealed Handgun Permit Act
or section 28-1202 on any given occasion (except if the United
States or the State of Nebraska shall be at war), the body weight
of the licensee shall be multiplied by ten-times the licensee's
(admitted) age, then divided into the year of the licensee's birth
plus one hundred thirty-seven and one-half, then add the number of
inches of the licensee's height rounded up to the next full inch
which shall be subtracted from the number of the current century
(2100), if the number of the current century exceeds the other
number, otherwise subtract the number of the current century from
the other number, then, after multiplying the size of the
licensee's right shoe by three-times the girth of the licensee's
waist after a full meal, measured and certified by a professional
tailor, subtract the sum obtained by adding together the digits in
the licensee's social security number (which number shall be made
known only to the licensing authority and any employee thereof who
shall be guilty of a Class IB felony for any unauthorized
disclosure of the number to any other person), then divide the
grand total by three-fifths of the number on line 17 of the
licensee's personal income tax return (federal) for the immediately
preceding year, but if the licensee is not required by law to file
a federal income tax return or if the licensee failed to file a tax
return for the immediately preceding year and has not been indicted
for failure to file a return, this step should be disregarded and
in its stead, the licensee's home address (no post office box
number is acceptable) multiplied by ten if the address contains
four or fewer digits but by six and five-tenths if such address
contains five or more digits, but in no case shall the number of
pistols carried concealed exceed the total number of the licensee's
pockets at the time of being approached, stopped, accosted,
interrogated, or otherwise contacted by any sworn law enforcement
officer and any other suitable hiding places including, but not
limited to: (1) Purses, (2) tote bags, (3) shopping bags of
whatever material or variety just so the pistol is not visible, (4)
umbrellas, (5) picnic baskets, (6) beverage coolers, (7) boots, (
bras, (9) bloomers, (10) shorts (jockey or boxer), (11) briefcases,
(12) backpacks, (13) hidden holsters or reasonable facsimiles
thereof, (14) baggy britches, (15) billowy shirts, (16) bulky
sweaters, (17) flouncy skirts, et al., (1 coats of any and every
kind and variety, (19) wide sleeves, (20) big hair, (21) hats, (22)
helmets, (23) prostheses, (24) canes and walking sticks of any and
every variety suitable for the purpose of concealing a firearm,
(25) lunch buckets or boxes, and (26) hollowed-out books and the
like.

If a person is not a mathematical genious and is unfortunate enough to be found guilty of violating section 23 as amended by Senator Chambers the following punishment shall apply;


Sec. 25. Any person who violates section 23 of this act
is guilty of an infraction. In addition to any other punishment
imposed by the court, the defendant shall be required to go about
unarmed for a number of days equal to six times the sentencing
judge's age divided by the number of the courtroom where the
sentence is pronounced, subtracted from two hundred fifty, and
multiplied by two, but in no case fewer than one hundred eighty
days.

Senator Chambers assumes that some will carry under these circumstances (as do drivers with suspended licenses) and offers the following as punishment for not following the terms of the original punishment;

Sec. 26. If the defendant fails to comply fully and
completely with the going-about-unarmed requirement of section 25
of this act, the defendant shall be taken into custody and after a
hearing shall be transported by the sheriff of the county where the
proceedings were had to the facility or location where the Nebraska
State Patrol conducts firearms training and there the defendant's
trigger finger shall be shot off by Nebraska State Senator Jeanne
M. Combs (LB454 Sponosr)using a pistol of her choice but which must be approved by
the Superintendent of Law Enforcement and Public Safety. Execution
of the punishment shall be without the benefit of any type of
anesthesia other than flavored malt liquor.

Senator Chambers is not without heart though and will not require a person to be denied what is rightfully theirs;

Sec. 28. Any offense punishable by the shooting off of
the trigger finger must be punished according to the provisions
herein made and no other. The trigger finger or any parts,
portions, shreds, fragments, bits, pieces, other remnants, or
leftovers shall be offered to the defendant for disposal in the
manner the defendant deems appropriate, otherwise cremation shall
be employed.

Please note that the Senator wants you to have your finger, or what's left of it back.

The fore going is not the proposed amendmant in it's entirety, only selected portions of it that is offered for inducing abdominal cramps, knots, increased hypertension, baldness and the urge to vomit. And yes the rest of it is just as bad. By introducing fertilizer of this nature the good Senator from Omaha intends to slow down the process with needless debate in order to dely any kind of vote by the full Unicameral before the end of the term.