Seng and Casady becoming National laughing stocks?

The current debate in Lincoln concerning the proposed ban on CCW is beging to make the rounds of the internet.

Jeff Soyer author of the Blog Alphecca has comments on and a link to the Journal Stars Letter from police chief Tom Casady.

Police Chief against CCW

Jeff and I have had links to each others Blogs for a long time and since he has a much wider reader base than me, I am always glad to see when he posts something that is Nebraska related. Jeff is also a regular contributor to the Cam Edwards NRA News Show. I hope the situation in Nebraska is one of the topics that Jeff and Cam discuss.

I have also noted some mentions of Lincoln on other Blogs and there have been several threads relating to the same subject on the two most popular message boards;

Packing.org

Glocktalk

All in all the proposed ordinance by the Mayor and Police Chief is gaining a lot of very negative attention across the country.

The CCW Debate Cornhusker style

There has been much ballyhoo about the proposed concealed firearms ban by Lincoln Mayor Colleen Seng and Police Chief Tom Casady. So much so that the debate is raging in the pages of the Lincoln Journal Star.

The Lincoln fish wrapper has comment sections at the end of these articles, opinion and letter to the editor pages. Since many of the commentors have expressed many of the same opinions as I would write here I'll spare you the diatribe.

Rather than launch into a long and redundant waxing of eloquance I will just provide links to some of the various Journal articles and letters and comments texted by the citizens of the Lincoln community.

Journal Star editorial Opinion

Chief Casadys letter to the Star


Letter to the editor

Mayor and Chief dictate CCW on morning talk show

This (Tuesday, April 25) morning KLIN 1400AM Lincoln's Morning News Team Dwight Lane and Charlie Brogan hosted a virtual summit on CCW in Nebraska in general and Lincoln in particular. Not one time did I hear any mention of the poll the radio station ran over the weekend that garnered some 650 votes against the ban, only about 25 votes for it a mere half dozen that are undecided.

Charlie Brogan's focus leaned toward the "may issue" that exists in Iowa as that is what he is familiar with. Dwight Lane made the comment that he thinks Concealed carry is best for all of us and then followed that up with "may issue" is a better idea than the "shall issue" that was passed by the Unicameral. Which is it Dwight, all of us or only those that you deem worthy?

From 7:45 to 8:00 the Morning News duo "grilled" Police Chief Tom Casady who offered the following observations;

1) "I have polled my department and 85% of my officers feel there is no need for CCW". "There is a huge majority of Police Officers nation wide that oppose CCW" and "only a handful of Officers/Chiefs I know favors CCW". The Chief commented that his officers have expressed; "Now we have to worry even the good guys have guns.

NEWSFLASH: Hey Chief it isn't up to you and your officers to decide what laws we shall have. When the Police are able to DICTATE what laws the citizens live under, that would be the definition of a POLICE STATE. That power is reserved by WE THE PEOPLE. Hint; the people through the voice of the Unicameral have spoken WE want CCW everywhere in the state.

2) "I am concerned that the persons that have misdemeanor convictions such as stalking, violating a Protective Order, or impersonating a Police Officer are not forbidden from getting a permit under this law". According to the Chief there are also a lot more misdemeanor crimes that need to be added as well. The Chief commented that a person with one of the listed misdemeanors would be eligible for a permit under this law but a person whose only conviction is turning back the odometer on a motor vehicle is a felon and does not qualify.

Be concerned all you want Chief that is your job, the enactment of laws is our job. You are a PUBLIC SERVANT you do what we tell YOU not the other way around. That you don't seem to recognize that speaks volumes about you.

From 8:10am to about 8:35am The dynamic duo hosted Madam Mayor Collen Seng.

Taking several calls the Mayor demonstarted her total and complete ignorance about the recently enacted CCW law.

1) "I am standing with the Chief on this one" and "in the matter of the city taking away what the legislature has given Lincoln is different."

2) "I would feel more threatened if I met someone that was carrying concealed".

How the heck would you know Mayor? Were you issued a pair of x-ray glasses when you assumed the duties of Benevolent Dictator Mayor? If you have travelled outside of Nebraska at all Madam I am sure you have had people with concealed firearms all around you. Funny you don't seem to mind them, but you have no trust of your own constituency. The very same respected responsible law abiding citizens that elected you.

Oh wait I forgot that you have stated in the past that we are "delusional" and "don't take things seriously" and we are "inconsiderate". Maybe you are still holding a grudge that we didn't vote for your pet "money pit" and this is your way of paying us back.

3) When it was suggested that many of her concerns were already addressed in the bill Mayor Seng demonstrated that she is NOT even familiar with what the law is or what it requires. She does understand that the Iowa law is more inclusive.

4) When she was asked to specifically document any city that has experienced the wild west mentality that she is complaining about The Mayor responed with; " I will listen to my Police officers.

5) When it was pointed out that 47 other states have a CCW law passed by two legislative bodies and signed by 47 Governors that maybe she is being more presumptuous about safety that 47 Governors, Mayor Seng responded with; "Make any statement you want I will follow what my officers want.

Mayor Seng your are ill informed on the subject and appear to be no more than a mouth piece for the Chief. I am greatly distressed at that conduct. The action by the Chief is, in my opinion indicitive of a Police State, something that is abhorant to the Republican form of Governemnt that we should be enjoying.

It would appear that by supporting the Chief in this manner you are an enabler. There are some 12 step programs that address that mental state and how to cure ones self of the affliction.

Observations made in January of last year

As noted in the previous post I have been going back over some of my previous posts. Thus having said that I came across the following words that I penned on Saturday, January 15th of last year just days after the first draft of LB 454 became available.

Where in this bill does it prevent municipalities from enacting ordinances that mandate their own training requirements and or local permits for carry in addittion to the statewide permit? This bill does not indicate that concealed permits are of a Statewide concern and that the Unicameral shall have exclusive power over the subject.

Oh wait I know it says so in CI-1. Oops my bad they have been ignoring that for years as it is.

Think it can't happen? Under the statutes that created home rule and charters the legislature has granted power to it's political sub division TO BAN THE CARRYING OF CONCEALED WEAPONS. ( I have covered that in previous post folks)

So now you have a permit issued by a a very pro-gun Sheriff in a rural county, but you are forbidden from carrying in the places you would likely need it most, because the cities of Lincoln, York, Grand Island and Omaha have enacted local ordinances (past or present) that ban Concealed carry within the Corparate limits.

The post is entitled "Flaws in LB-454"

Comments were made

Looking back at some of my previous posts I noted that an Alex was kind enough to leave his thoughts on my "Duncan Macleod Wannabe" feature.

Thank you Alex, I am not sure if you were socliciting a response from me or not so I decided to address your comments in a post.

Alex - While I am GENERALLY with you on this issue -- I don't think concealed carry is going to make Nebraska any more dangerous --

Me - I appreciate that you don't think Nebraska will be any more dangerous. That is as it should be. CCW in one form or another is the law in 48 states. There has never been any problems with CCW in any state that it has been enacted, there is no reason why it should be any different here. After all with the requirements only decent law abiding citizens will be able to secure a permit anyway, and these are the people that Axel labels unsafe with a shoot first mentality.

Alex - I would like to say that I think that this kid making a public political statement takes a lot more guts than anonymous playground-style name-calling over the internet.

Me - Your absolutely right Alex it takes guts to make a political statement and I respect young Mr Arth for that.

What I can't abide is the snivelling hyperbole that that Axel and others promulgate. In all of the other states that have enacted CCW there have not been shoot outs over parking spaces or fender benders. There is not an inkling of a shoot first mentality that Student Arth alleges.

With gnashing of teeth Axel and his co-horts are slandering the good citizens of this city and state. He prescribes negative attributes to the law abiding citizens of the community in which he resides. By infurring that law abiding resposible Nebraskans with state issued permits are unsafe and will have a shoot first mentality is a form of name calling with out actually using the names like; thoughtless killers and reckless irresponsible bumblers.

Because people like Axel and his minions can't seem to get it through their heads I'll say it again; Due to the requirements of the qualification process i.e. Finger printing, State and National background checks, required classroom use of force training, and proficeincy on the firing range, the only people that will qualify for and/or receive the permit are the LAW ABIDING citizens in this Community. You know, members of the College Alumni Assoc., Doctors, Business Owners and yes responsible everyday men and women of all races and denominations. This is the way it should be.

People that have an unwarranted fear of firearms all suffer from the dellusion; that taking posession of a firearm some how transforms a person into an "unsafe" evil monster that just can't wait to take their frustrations out on society with a "shoot first mentality".

Take the firearm away and these people will return to their normal selves and stop harboring ill thoughts toward their fellow man.

When Axel and others make statements like, it's "unsafe" or "shoot first mentality" they are slandering and making assumptions about honest law abiding people that they don't even know and that I can not abide.

Alex - Parts of what you wrote, like assumptions about him wanting to be a Hollywood film actor just because his major is performance and deriding his plans for a future career with absolutely no knowledge of his level of talent, borders on libel.

Me - Okay so I made an association between Thespian Arth and the hollywood liberal elite. It is no big secret where most of them stand on the issue of gun control despite the MILLIONS of dollars a good share of them have made using guns in their movies. Personally I don't think that association was unreasonable or out of line with the profession.

And lastly you chastise me for "deriding" him, but you apparently excuse his implications that thousands of Nebraskans will be transformed into maddog shoot first criminals simply because we choose to take responsibility for our own safety and that of our families.

You agree that Nebraska will not be a more dangerous place with CCW, Let me ask you a question Alex;

If you consider yourself an honest law abiding citizen Alex, how can you not feel insulted or degraded by the assumptions that Axel alleges?

And for the record;

A) I never insinuated that he had no talent, and

B) I have worked in the film industry with Kris Kristopherson, Ernie Borgnine, Kevin Kostner, Kevin Kline, Scott Glenn, Danny Glover, Jody Foster, Dennis Hopper, George Kennedy, and Kenny Rogers to name drop just a few.

I wish Axel all the luck in the world as he pursues his major in performance. From personal experience I know what a hard row he has set for himself to hoe. However I just can't stand by and let him or anyone else get away with insinuating that decent caring responsible law abiding Nebraskans are demons simply because we believe in the individual responsibilty of protecting ourselves and the ones we love.

Mayor Seng and Chief Casady Square off against CCW

In what has a forgone conclusion for most Nebraskans, Lincoln Mayor Colleen Seng and Police Cheif Casady announced today that they are going to propose an ordinance than bans CCW in in the city.

Seng to propose concealed-weapons ban


Although the Mayor and the City Council have been at odds with each other over important issues in the past, Council Members have a penchant for enacting every whim of a local law that Chief Casady sends their way.

Whether Constitutional or not it is very likely that the ordinance will be passed and CCW will be forbidden in the Capital City.

Sec. 15. (1) (a) A permit holder may carry a concealed handgun anywhere in Nebraska, ......

I was just reading through the (supossed) final version of LB454 and came across these interesting bits;

Sec. 10. (1) A permit to carry a concealed handgun is valid throughout the state ........

Sec. 15. (1) (a) A permit holder may carry a concealed handgun anywhere in Nebraska, ......

There is possibly some complex legal issues here and the "Home Rule Authority" may still conceivably apply, but a cursory reading of the statute (LB454) would indicate that Representitives of Political Subdivisions cannot enact a ban on CCW as the Senators in the Unicameral have legislated the permits are valid statewide and that a permit holder can carry a concealed handgun anywhere in Nebraska.
The major contention by those opposing CCW is going to be whether under "Home Rule Authority" Council Persons will be able to enact ordinances that forbid something the state has made legal.

There is only one Metropolitan class city in the state; Omaha (defined as a city with a population over 300,000)

There is probaly only one Primary class city in the state; Lincoln (defined as a city with a population over 100,000 but less than 300,000)

There are several cities in the first class; (defined as a city with a population of more than 5,000 but less than 100,000)

To my research and knowledge Cities of smaller sizes do not have the authority for Home Rule.

Metropolitan Class Cities home rule authority is found in Section 14 of the statutes;

Section 14-102.01

Cities of the metropolitan class; ordinances, bylaws, rules, regulations, and resolutions; powers.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, as may be necessary or expedient,........

Note that it is explicit in that a Metropolitan class city cannot make local laws that are "inconsistent with the general laws of the state," Since Omaha already has a CCW ban in it's Ordinances prior to the enactment of LB454 it could conceiveably be allowed to stand.

Primary and the rest of the lower class cities with Home Rule Authority may not be in so great a shape. The Statutes that apply in this case are;

Section 15-101
Cities of the primary class, defined; population required.

All cities having more than one hundred thousand and less than three hundred thousand inhabitants shall be known as cities of the primary class. The population of a city of the primary class shall consist of the people residing within the territorial boundaries of such city and the residents of any territory duly and properly annexed to such city.

Annotations:

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. Eppley Hotels Co. v. City of Lincoln, 133 Neb. 550, 276 N.W. 196 (1937).

In matters relating exclusively to local and municipal affairs, home rule charter prevails over conflicting provisions in statute. Pester v. City of Lincoln, 127 Neb. 440, 255 N.W. 923 (1934).

Home rule charter may not contravene Constitution or general statutes. Schroeder v. Zehrung, 108 Neb. 573, 188 N.W. 237 (1922).

By the inclusion of "a permit holder can carry a concealed handgun anywhere in Nebraska" in LB454 the Legislature may have negated Lincolns claim to "exclusively to local and municipal affairs".

Section 16-227

Riots; disorderly conduct; use of explosives; weapons; vagabonds; lights; bonfires; regulation.

A city of the first class may prevent and restrain riots, routs, noises, disturbances, breach of the peace or disorderly assemblies in any street, house or place in the city; regulate, punish, and prevent the discharge of firearms, rockets, powder, fireworks or any other dangerous combustible material in the streets, lots, grounds, and alleys or about or in the vicinity of any buildings; regulate, prevent, and punish the carrying of concealed weapons; .......

That is the quandry though; The Statutes that define the size classifications of the cities are specific in that local laws must not go against the Constitution or the General statutes. However in giving the cities "Home Rule" the statutes state that they "may regulate, prevent, and punish the carrying of concealed weapons".

A major sticking point may be the fact that LB454 does not go into effect until January 1st 2007. Before that date Lincoln and the rest of the Home Rule cities may be able to enact bans that could be upheld. The other side of that coin is that the day it was signed by the Governor it did become for all intents and purpose law. Any Ordinace passed after that date could be viewed as contravening the General Statutes.

I think the most appropriate tact to take now is that The Concealed Handgun Permit Act specifies that; A permit to carry a concealed handgun is valid throughout the state and; A permit holder may carry a concealed handgun anywhere in Nebraska and that even the statutes that give Political Subdivisions their Home Rule powers state that they (the cities) cannot enact ordinances that contravene the Constitution and/or the General Statutes.

In the words of Duncan MacLeod; "There can be only one... er..ahh can we make that four or five?

It seems that there are a few college students with too much time on their hands and too much mush between their ears.

Distraught over the fact that the Governor recently signed concealed carry into law in Nebraska several students at the local university have taken to carrying swords around campus as a vehicle of protest.

Their goal is to get other students ask them why they are parading around campus with fake swords slung through a belt loop.

They are protesting the new CCW law and want to wax eloquant to anyone who will listen to their child like irrational ideas on what will happen in the Cornhusker state now that honest law abiding citizens can get a permit to protect themselves.

The Candyass panzy boy subject of the trististe in the Lincoln Journal Star, Axel Arth is sure that he is going to be the victim of some permit holders shoot first mentality;

He’d have told them that getting shot in Iraq and getting shot in his hometown are the same to him. "

It’s going to get me just as dead.”

I have no idea why he had to make the Iraq reference though. I would hazard the guess that he and his sword weilding compadres are flaming liberals that believe all of the leftist propoganda that has been spoon fed to them by the liberal public academia.

Axel is also hoping that the leaders of Lincoln will come riding in on their charging white steeds and rescue him like the fair damsel in distress that he is;

He’d have told them how he thinks it’s unsafe and could lead to a shoot-first mentality. He’d have told them it’s too late for the state, because the bill is already signed, but maybe the city could ban concealed weapons.

Have no fear lady fair Axel, I'm sure Chief Casaday, Mayor Seng and a few other stalwart civic minded leaders are already crafting an ordinance proposal that will make your wish come true.

Until then listen up dumbass/es before you fall on your swords and really hurt yourselves.

First off I am a long time law abiding resident of Nebraska and your mindless drivel is an insult to me and every other law abiding citizen of this state. You don't even know us and yet you think so little of us that you believe in your liberal heart of hearts that being able to legally carry a concealed firearm will turn us into the demon seed. Your baseless opinions about people you don't even know are utterly contemptable. It doesn't suprise me that that the University leadership gave you the go ahead to have your little tantrum, afterall it is the same imbecils that disgraced the College and this city with the Tommy Lee debacle.

It is my considered opinion that you armed with a college education are more dangerous that any Nebraskan I know with a concealed firearm.

There are already 48 other states that have concealed carry laws. Many of those states have enacted those laws in the last 20 years. In all of this time there has never been the problems that you profess in any of those states. Can you get that through those young skulls of liberal rot? NEVER

Since it has not ever been a problem in any other state what in God's good world makes you think it is going to happen here? Do you know something about our fellow Nebraskans that I don't?

What we have here is a handful of idiots that have absolutely no concept of what is going on in the real world.

Axel, the facts are out there if you care to check them don't just take my word for it, 48, count them 48 other states have concealed carry laws and there are not shootings over parking spaces, there is no shoot first mentality.

To get a permit to carry a concealed firearm applicants will have to undergo fingerprinting, background checks by the State and Federal governments, and successfully complete an State Patrol approved training course.

In short you snivelling braindead Duncan MacLeod wannabes only the most law abiding of Nebraskans will qualify for a concealed carry permit, let alone actually apply for one.

But for now I guess you can stroll around campus rattling your sabers content in knowledge that that no one will take your heads.

There is nothing in them that anyone would want anyway.

Being an actor has eliminated his sense of shame. He can do anything in public.

Sense of shame? Why don't you do something in public that means something; like getting an informed education?

Although I guess as an actor you think your headed for Hollywood and want to get a jump on how those robotic script readers conduct themselves out there when it comes to politics.

Swordsmen my ass, it is a good thing those blades are only stage props, they are as pretend as you are.

How many tax dollars will be wasted because LB454 is bad law??

The passage of LB454 has raised a firestorm of debate whether Representitives of Political Subdivisions in Nebraska have the "Home Rule power" to "opt out" of or regulate concealed carry. The prevailing thought is that the Representitives Political Subdivisions in Nebraska will be able to either ban or regulate CCW in their jurisdictions before State Representitives can enact a state wide pre-emption. Assuming of course that they would be inclined to do so.
It appears in all likelyhood that before the Unicamerals next session (Spring of 2007) Nebraska will become a patchwork of areas where CCW will be banned by local ordinances, a situation that was ongoing in our neighboring state of Colorado a few years ago. A situation that resulted in a state wide pre-emption that includes the following language;

(1) The general assembly hereby finds that: (a) A person carrying a weapon in a private automobile or other Private means of conveyance for hunting or for lawful protection of such Person's or another's person or property,..(c), may tend to travel within a county, city and county, or municipal jurisdiction or in or through different County, city and county, and municipal jurisdictions, en route to the Person's destination; (b) Inconsistent laws exist in local jurisdictions with regard to the Circumstances under which weapons may be carried in automobiles and Other private means of conveyance;(c) This inconsistency creates a confusing patchwork of laws that Unfairly subjects a person who lawfully travels with a weapon in or through One jurisdiction to criminal penalties because he or she travels within a jurisdiction or into or through another jurisdiction; (d) This inconsistency places citizens in the position of not knowing When they may be violating local laws while traveling within a jurisdiction or in, through, or between different jurisdictions, and Therefore being unable to avoid committing a crime.

(2) (a)Based on the findings specified in subsection (1) of this Section, the general assembly concludes that the carrying of weapons in Private automobiles or other private means of conveyance for hunting or For lawful protection of a person's or another's person or property while Traveling into, or through, or within, a municipal, county, or city and County jurisdiction, regardless of the number of times the person stops in A jurisdiction, is a matter of statewide concern and is not an offense. (b) Notwithstanding any other provision of law, no municipality, County, or city and county shall have the authority to enact or enforce any Ordinance or resolution that would restrict a person's ability to travel with A weapon in a private automobile or other private means of conveyance FOR HUNTING OR for lawful protection of a person's or another's person or Property while traveling into, or through, or within, a municipal, county, Or city and county jurisdiction, regardless of the number of times the person Stops in a jurisdiction.

It is doubtful that Nebraska will be able to avoid the same fate. In the next several months any number of localities will enact or attempt to enact ordinances that will prohibit concealed carry creating the patchwork that has existed in other states. It is also unlikely that the Senators will do anything to correct the problem in the next session of the Unicameral either. Since the law goes into effect only dys before the 2007 session starts many of the Senators will likely take the position that enough time has not passed to get a good measure of how the law will turn out.

Some Cities already have local ordinances on the books prohibiting the carry of a concealed weapon. Omaha is one of those cities and as rumor has it one of the coucilmen is planning on introducing an ordinance that will make it legal for those with permits to carry in Omaha. Whether it passes by a significant majority or not, it surely stands to be veto'd by the Mayor. There are also many smaller communities in the state that are considering a "opt out ordinance" as well.
All of this hyperbole is a result of Nebraska Statutes that established a Home Rule power allowing Political Subdivisions to regulate the carrying of concealed weapons by local ordinance.

As has been noted previously on these pages until 1988 the Constitution of the state of Nebraska had no delegation of any power to the elected representitives to regulate firearms. This is important for several reasons; The first being that the Constitution is the hallmark on which all legitimate laws are to be passed, Representitives in the Legislature are bound by oath to enact laws that are not contrary to the Constitution, and Reprsentitives of the Legislature certainly cannot delegate a power to Representitives of a Political Subdivision that they themselves have not been given by the people they have been elected to represent.

In the late 1980's several concerned citizens crafted a petition to change the Constitution. When it was voted for by a majority of Nebraskans that voted in in that years election the "Right to Keep and Bear Arms" officially became part of the Constitution for all lawful purposes and it fobade the state and it's Political Sudubdivisions from denying and/or infringing the right.

Political Subdivisons that have already enacted CCW bans have done so under the auspicies of Home Rule. This is the same alleged authority that all the other communities that pass an anti CCW ordinance will use. Should the State Representitives pass a pre-emption law, I am sure there will be a slew of very costly and time consuming law suits by any number of Political Subdivisions. Think it unlikely? It has happened in other states.

Sadly what ever happens is going to cost a lot of tax dollars. Either the State will be filing suits against the cities to enforce the pre-emption or the Political Subdivions will be suing the state for violating their powers under the Home Rule statutes.

What needs to be done is to have the portions of the Home Rule statutes that give power to Political Subdivisions to ban concealed carry declared unconstitutional.

The truth is that they are unconstitutional, because Representatives of the state cannot confer to Representitives of a Political Subdivision powers that they themselves do not have.

People that pissed me off this week

I know I haven't posted in quite some time. There are probably two reasons for this; One I have had other things to do and two there just hasn't been anything in the news that affected me enough to write aout it.

That changed this week. The more I listened to the news the madder I got.

On the National scene all of the crap being spouted by the liberals about the President and the eavesdropping that the security agencies have done on phone calls made by people that have sworn to kill as many Americans as possible.

Deep down how can these liberal bastards not know that the targets of these phone bugs have been identified as terrorists or terrorist sympathyzers. From everything I have seen the phone calls intercepted were to and from areas where the United States has troops on the ground being shot at and/or bombed. The scumball liberal slimeballs that are spouting their crap about impeaching the President are doing so simply becase they hate the man in the White House.

They are a danger to the secuirty of the United States. Their hatred for the man runs so deep that they are willing to sacrifice the lives of not just our American soldiers but the lives of every man, woman and child in this country as well.

Simply put these left leaning tree hugging panty waist red doper diaper babies could care less about America. They are pissed that the sleeping giant woke up over the past years and fired their nasty asses at the ballot box.

The second thing that pissed me off Nationally this week is all the garbage that the same aforementioned individuals have been shovelling about immigration. The brain dead mind numb lefist robots refuse to admit that the terrorists that have sworn death to every American could come to this country by crossing the border with Mexico. Despite the fact that there have been positively identified terrorists that have been apprehended coming across the border, they and some sorry ass middle of the road conservitives are hesitant to do anything about the borders. They don't want to hurt the feelings of any of the folks that broke the law to be here.

Closing down illegal entry on our nations borders has nothing to do with racism; it has everything to do with security. It isn't just Mexicans that are illegally coming into the United States. The safety of the American people must take precidence over everything else. If a few illegals get their feelings hurt too damn bad, we need to build a wall and build it now.

Homegrown stupidity

On the local level it is our own homegrown left leaning liberal slimeballs that pissed me off. A concealed carry law was passed this week and is headed to the Governors desk. Yes he said long ago that he would sign it.

Nebraska is now the 48th state to enact some type of concealed carry law and you'd think that the liberals would have learned a thing or two over the last 20 years as one state after another has passed CCW laws.

But Nooooooo, even though there has not ever been blood in the streets or shoot outs for parking spaces in any other state that has created CCW laws, our local liberal politicians and their brain dead minions think so little of the Nebraskans that they have been elected to serve that they are sure we will be the exception to the rule.

Hey libs I know you have heard this before, but let me tell you again; 1 the bad guys are already carrying guns. 2 The requirements for issuance of a license are so strict that only the most law abiding Nebraskans will be able to aquire a permit. 3 A firearm is, just like the computer you are reading this on is private property, Nebraska law allows for residents to aquire and use property pretty much as they see fit as long as it does not intefere with anyone else.

Guess what; Me or anyone else walking down the street with a concealed firearm does not and will not interfere with you in anyway, so suck it up and get over it. I have no responsibility to you to not do something because you have a child like cry baby phobia about it.

Just because you don't like it doesn't mean I have to not do it. It is my private party and I will do what I am legally able to with it.

Your immature child like fear of firearms is the result of your being spoon fed misinformation by people like the Brady Bunch and the Million Commie Mommies. Grow up you whiny ass left leaning liberal cry babies and get over it.

Pin Shooters mark your Calanders

Bowling pin Shooters it is that time of year again. The first Bowling pin shoot of the year is just a couple of weeks away.



Load up on ammo and wipe the winter dust off your guns and come on out to the Lincoln Izaak Walton league range March 26th 2006.

The event is open to all Caliber classes from twenty-two on up.

If you are new to the game check out the web site for the Nebraska Pin Shooters. The site has just about all of the information that you'll need.

The concept for Bowling Pin shooting was first started by Rich Davis the original maker of Second Chance Body Armor. In the early days in order to demonstrate the effectiveness of his product to the various police departments Rich would kneel down, shoot himself in the chest with a revolver and then turn the firearm on 3 bowling pins set up some feet away.

Since a bowling pin closely aproximates the scoring area of the FBI target Rich proved that an officer could take a hit in the vest and still fight back placing rounds in the center mass of a violent adversary.

These demonstrations turned into a yearly competition called the Second Chance Shoot. It was vastly popular for over a decade. Second Chance body Armor stopped sponsoring the national shoot years ago, but people did not stop shooting pins.

There are still club sponsored shoots all over the country and it is a sport that can get a shooter hooked after only a competition or two.

Massad Ayoob in his book "Hit the White Part" writes that pin shooting combines all of the elements needed for serious self defense practice; Stress and muliple reactionary targets.

Paraphrasing Ayoob from Memory

The stress part comes from competing man to man. (Two shooters stand on the firing line engaging 5 or more pins, the first shooter to put all pins on the ground advances)

Mutiple targets means the shooter must be sure of his/her accuracy moving to the next target before the last one is off the table and on the ground. (Most shooters will shoot once at each pin and then scan back across the table eliminating any that have not yet fallen to the ground)

Since the targets are reactionary the shooter has immediate verification of a hit, miss or wound.
(target falls over but is still on the table.)

As previously mentioned a bowling pin closely aproximates the lethal zone on the FBI Q target, so speed and accuracy is definately the order of the day.

As a final note the I would like to address a few mistakes that I see most novice pin shooters make their first few times out.

The first is going to fast. This causes a lot of misses and frustration. Better to concentrate on accuracy. Speed will come by itsself if you let it.

The second is concentrating too hard on one pin. Many new shooters upon missing a pin will continue to shoot at that pin until they get it off the table or run out of ammo. Concentrate on one shot to one pin for all five pins then sweep back across the table picking up those that were missed or only knocked over on the table. remember they have to hit the ground.

For an in depth look at bowling pin shooting I highly recommend Ayoobs book "Hit the White Part". It was written many years ago, but it is still the definitive work on the sport of pin shooting.

Copies can be ordered through any of the major book reatailers like Barnes & Noble. They can also be ordered from Ayoob directly on his Lethal Force Institute web site. If fact all of Ayoobs available books and CD's can be ordered directly from him. So if you have been wanting a copy of something and haven't been able to locate it, you'll find it there.

Good news of sorts for LB 454 Supporters

UPDATE 3/11 14:30: The Lincoln Journal Star weighs in on the Pre-emtion issue, as does Omaha's Channel 6 WOWTV.

The Nebraska State legislature, aka; The Unicameral, handed Ernie Chambers an other defeat this morning. A 33 vote for cloture passed Lb 454 out of Select File and sent it to it's final reading. That is if Brashear will put it back on the agenda. I am guessing he probably will.

This means however that it may be enacted into law without statewide pre-emtion, meaning that the political subdivisions could enact local ordinances to prevent carrying inside city limits. Talk around is the Municipalities could, if LB 454 is passed as is, enact their own permit systems make it tougher to carry in city limits or just outright ban it all together.

Personally I don't know how all of this will work if LB 454 is passed into law. I have written on most of these issues in the past specifically what the Political Subdivisions can and can't do under the State Constitution.

Refresher:

Public Servants only have those powers given them by the people they represent, that are enumerated in the Constitution.

In the original Constitution there were no powers given to regulate firearms.

In the early 1900's the State Supreme Court held that a political entity CANNOT envoke the Doctrine of Police Power over powers that they have not been granted.

Despite that the Legislature enacted Statute 28-1202 (banning the carry of a concealed weapon) and gave power to Political Subdivisions to ban the carry of concealed weapons.

In 1988 the people of Nebraska voted by ballot at General Election to enact Initiative Measure No. 403, that among other things took away the power to infringe or deny the right to own firearms.

In 1990 the Unicameral spit in the faces of the people that elected them by passing the Handgun Permit to Purchase law. A Personal property aquisition law that definately infringes AND Denies the right to own firearms.

Addittionally since that time the Political Subdivisions of Omaha, Lincoln and others have passed ordinances that infringe on a Citizen of Nebraska's Right to bear arms and in some cases deny such right.

The crutch that these Municipalities lean on for enactment of these unconstitutional ordinances is their supposed "Home Rule Authority".

I have covered that in the past too. Under "Home Rule Authority" a Political Subdivision cannot enact an ordinaces that are repugnant to or inconsistant with the Constitution.

Purpose of home rule charter provisions of Constitution is
to render cities as nearly independent as possible of state
legislation, subject to the general public policy of the state. State
ex rel. Fischer v. City of Lincoln, 137 Neb. 97, 288 N.W. 499 (1939).

If Lb 454 by some miracle does pass without statewide pre-emtion I anticipate that most if not all of the State's major population centers will be crafting City Ordinances to "opt out" of the law and either ban concealed carry outright or make it so difficult it will be impossible to get a permit in those areas let alone carry if a person had one.

The bottom line here is that our elected officials from the state house on down have routinely disregarded the Nebraska State Constitution:

They (Unicameral) enacted a prohibition on concealed carry, when they did not have the power to do so and the Supreme Court had ruled that it could not be done under the Doctrine of Police Power.

They (Unicameral) gave a power to the Political Subdivisions they they themselves did not have to give. Specifically the power to ban concealed carry.

Case law concerning Article CI-26 supports that contention in that the court ruled the following concerning Article CI-26: 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).)

Since 1988 the Municipalities, mainly Omaha and Lincoln have adopted ordinces that go beyond the only supposed power they do have in regards to firearms by enacting laws contrary to Initiative Mearsure No. 403 that infringe and/or deny the Citizens the Right to keep and bear
arms.

Since 1988 the Unicameral has enacted the a permit system to purchase handguns and is currently attempting to enact another concealed carry law that further infringes and/or denies the Citizens of Nebraska the Right to keep and bear arms.

Read it for yourself;

CI-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.

As I final note I would like to point out that CI-1 specifically states that the right to keep and bear arms is an inherent and inalienable right. CI-1 goes on to affirm that the right applies to all other lawfull purposes.

CONCEALED CARRY IS A LAWFUL PURPOSE.

Nebraska's CCW bill back on the Unicameral floor

Lb 454, Nebraska's latest version of a CCW bill is back on the floor and being discussed for the second time this year.

All of this is a moot point however. The bill is laden with amendments many of which have been proposed by Senator Ernie Chambers.

One such amendment requires a formula to determine the number of firearms a licensed person can carry. It is complicated and involves something like: Taking the birthdate of the licensee and multiplying it by the date the permit was issued divided by the number of the current century minus the combined ages of all the applicants children .... Anyway you get the point.

Another Chambers amendment requires the violator, upon conviction to be transported to the law enforcement training center where the bills sponsor will be required by law to (with the weapon of her choice) shoot the trigger finger off of the offender.

Senator Chambers has vowed to kill this bill and is pulling out all of the stops necessary to do so.

Granted this is just another typical year in the Nebraska Unicameral, but one thing I had not seen in past years was the race card being played. That was done so today.

A Senator (not Ernie Chambers) stood up on the house floor today and addressed "all of the minorities listening to my voice or watching this on TV" that this bill is not for you, it is for the white people of this state. "Oh you will be able to get a CCW", he went on, but you will be treated different if the cops find out your carrying a gun and God help you if you ever have to shoot a white person with it."

Yes that was stated in the public record on the Unicameral floor today by a WHITE Senator from a district that encompasses part of Omaha.

The most disturbing rhetoric to me centers around the speeches given by those that are against LB 454. Their consensus is that the Nebraskans they represent cannot be trusted to make their own decisions for their own families safety and welfare.

Do you people understand that; Your elected leaders do not trust you. It doesn't matter whether you are for, against or just don't care about LB 454 you elected leaders do not trust you.

They think that you will turn the streets of Hometown, Nebraska red with blood if your allowed to carry a "hidden gun". Even though this has not happened in any of the other 20 plus states that have passed CCW in the last 20 years they are sure that the Citizens of Nebraska will be the exception to the rule.

I don't care how you feel about the issue, but I am outraged that the people that represent me think so little of me that they can proclaim on the house floor for the public record that they don't trust me.

I have not given them or anyone else any reason to doubt my maturity and/or level of intelligence to make my own decisions. That they file one after another up to a microphone on my house floor and state for the public record that I can not be trusted is an outrage and an affront to the very Republic we call the United States of America.

In closing I would like to think that every Nebraskan would be outraged by their elected leaders stating for the public record that they do not trust their constituency.

Hi-way Diner - 2 City of Lincoln - 0

In a legal battle that has been going on since last year the City of Lincoln was again soundly defeated in its effort to have a bus removed from private property.

The bus belongs to, Gary Walker the father of the Hi-way Diners owner. The son has given Dad permission to park the vehicle on his property. The Hi-way Diners smoking Customers are allowed to use the bus to consume their meals and smoke.

Certain officials took exception to this, in that they felt it is an end run around the smoking ban that is breaking the city coffers. They took the matter to court, as a zoning law violation and have so far have lost at both the County and District level.

Although the City of Lincoln probably won't appeal this decision they are not done with the Walker family yet.

City Attorney Dana Roper Had these words, in the Lincoln Journal Star for the Walkers and any other local business that dares to challenge the Power's that be:

“This is not the last, I suspect, that Mr. Walker has heard from the city,” Roper said. “He may be in violation of other ordinances that we’ll have to pursue.”
And for restaurant owners thinking of investing in a bus, Roper had a warning: “It’s not open season on this.”

Sounds like a threat to me!!!!

I have a much better idea

Senator Pam Brown is revisiting an old idea. That seems to come up every 30 years or so.
She wants to spend countless millions on a study that if implimented would would create a lake where Ashland, Nebraska has been established for generations.

Seveal question will have to be answered; Where will all of the people relocate? How much compensation will they receive for their trouble? What will be done with all of the cemetaries that are located where they plan to put this puddle?

Even if it does provide the hydro-electric power that Senator Brown alludes to; How many generations will it take to just break even on the fiasco?

I have a much better idea

Why not put that damn on the Missouri River just south of Omaha. After all there is much more water in that confluence and it would take a much shorter time to re-coup the investment throught the sale of hydro-electricity.

Oh wait it would interfere with barge traffic wouldn't it? The solution there would be to truck everything North of that point thus creating even more jobs. Now that would be a real boon to the economy.

Oh but then large portions of Omaha, Carter Lake and Council Bluffs would be under water. Well you can make up your own mind whether that would be a good thing or not.

The Omaha International airport might also be under water as well. That is not all bad, it could create a whole new water sport using those old runways.

Imagine the kids that park and make out on the bluffs could go home and honestly tell their parents they were watching the submarine races.

Submarine Race tailgate parties !!!!! What's on the menu????

Would Budwiser or Dupont be interested in fielding an entry?? I can see it now "The Rain Bubble Warriors".

Maybe Subway and Blimpie can co-sponsor the events. The SubBlimpieWay 500 ???

Post race interview; "Well jeff you could have won that race if that sturgeon hadn't swam out in the fourth turn and put you into the wall."

"Well that's the breaks, the crew had the Rain Bubble Warrior sub running fantastic to that point in the race and I'm sure it is a big disappointment for our sponsors, Dupont and Sunkist Tuna, but those things happen. We'll be back next year though.

There are a lot more important issues going on in this state than to commission millions of needed dollars to study a subject that has not ever gotten off the ground in the last 70 years.

Chambers vows to kill CCW

In a predictical move Senator Chambers has avowed to do everything in his power to kill not only the CCW bill, but the Fetal Assault measure that is before the Unicameral.

Senator Chambers plans to nit pick and filibuster every bill that comes up for debate from now till the end of the short session.

This is not the first time the Honorable Senator from Omaha has plyed this tactic. If he can slow the Unicameral down to a slow crawl time will expire before these bills can be brought up again, thus insuring non-passage of either one.

Since term limits are about to kick in I suspect that there is little chance for passage this session either.

Why?

Because as I have long suspected and as Senator Chambers himself has told me personally;

"If these people really wanted to pass a concealled carry bill they would have done it a long time ago. You don't know how many of them that say they are for it really don't want it, they just use me as the bad guy. Then they can go back to their districts and say i tried but it was that darned Ernie Chambers again. They blame it on me, I know that and accept that."

There yuh go folks a lot of those people that Ernie was talking about are about to term limit out. Now they can either let him drag it to the end and let it die or they can vote the way they really have felt all along about it.

Ernie Chambers is on a term limit induced roll and he has got nothing to lose. He is going to give it all he has got from now till the end of the session. Many of his fellow supposed pro-gun Senators can quietly sit back and let him run the boards or they can vote how they really feel about CCW for a change. Either way it doesn't matter they are out, they have nothing to lose either folks.

CCW this session not likely.

Time to start shouting about Initiative Measure No. 403 from every roof top in the state.

Chain Ranch New Year

Back at the Chain Ranch

Wanting to be way out of town when the inibriated city dwelling revellers practiced their New Years Tradition of carelessy, recklessly, dangerously and randomly discharging firearms, the wife (PJ) and I booked a hunt and arranged to meet my brother at the Chain ranch in Oklahoma for the Holiday weekend.


Livingroom area of the Main Lodge

We arrived on Thursday the 29th and were able to start hunting that afternoon. Jim and I have been there before, but it was the PJ's first trip to the Chain. When we were there last March Jim failed to find the Hog he wanted to shoot so in his words; "I have got to redeem myself this time".

We spent 3 days there this time and could not have asked for a better time.

After spending Thursday afternoon, Friday morning and afternoon hunting, we were getting a bit dissappointed that we weren't seeing the kind of hogs we knew populated the Ranch. We were seeing lots of hogs just not any that we felt were big enough to shoot. That is the way it goes though; If we got something evertime we went out to the field it would be called "gathering" instead of hunting.


A few of the smaller pigs that inhabit the Chain Ranch

All that changed Saturday morning.

PJ and I had just got settled into our morning blind right at the crack of dawn. This particular blind is set in a depression they call "the bowl" and it offers 180 degrees of nearly 100 yrds of visability. Coffee mugs had been carefully placed where they wouldn't be kicked, an improvised shooting rest (my left cammo glove) had been set on the window of the blind, PJ had taken a couple of practice sightings to make sure nothing would hamper her shot and I thought about setting up the video equipment. All was well with the world.

Just as God's Golden Fingers of daylight touched the ground in front of us, a solitary boar strode out into the sun. I immediately sized up the big black and white ugly as a sizeable quary and pointed him out to PJ as I mentally kicked my own ass for not getting the video gear going. Well it wasn't going to happen now. She laid the Model 94, 30-30 across the glove and sighted on the pig. A few seconds later she lowered the gun and said she didn't think it was big enough. She thought it looked big but when she put the sights on it it shrunk she said.

After assuring her that it was an optical illusion that commonly manifests itsself at longer ranges (70 yrds or so)with open sights, I told her it was indeed a very good boar and that if she wouldn't take it I would. The Winchester came back up and in a measured few seconds it spoke a single syllable that pig understood to be an invitation to the dinner table. He shivered real hard with excitement at the invitation and took off running in a big circle that brought him back to the patch of woods he had come from. I heard him quit running and begin thrashing around. I knew at that point he had accepted Pj's invitaion to dinner and the hugs and high fives commenced.

We decided to give him a half hour or so before going to look for him. During that time I contemplated a few things. One; I knew it was a really big hog and Two; we did not need both freezers at home filled with pork.

When we first arrived Newly had also offered us a chance at some of the Fallow deer that roam wild on the ranch if we were of a mind to. He wanted a few of the Doe taken to better balance the herd. While I was pondering what I wanted to do four Fallow bucks stepped out into the clearing and began to feed. I started watching them through the Binoculars wondering if any of the females of the species would show themselves. A short while later three Doe walked out and began feeding with the bucks.

I would rather have used a different gun for the deer, but all I had was "Thor's Hammer". My Granddads old winchester was safely locked in its case back at the lodge. Not letting regret get in the way I raised the Mossberg SSI-One 12 gauge rifle and rested it on the shooting glove that was still on the ledge of the blind. Checking out the doe through the scope I settled on the biggest one, who by the way had the prettiest spot pattern of the three.

Slipping off the safety I settled the crosshairs low on the front right shoulder and issued my own invitation to dinner at the Gunscribe table. The Remington Copper Solid crossed the 70 yards and found a place in her heart. Not wanting to be late for dinner the doe kicked into high gear and ran about 60 yards before piling up within 20 yrds of where we would find PJ's hog.

We knew my deer was down and after about 10 minutes we eased out of the blind and began looking for a blood trail that her hog should have been gracious enough to leave. Not one drop was found, but we were able to follow his tracks to the egde of some thick brush. Just as I was about to go around the brush and work my way back through it PJ stepped up to a log and looking over it began yelling, "He's here, He's right here. My hogs right here." Well the great White Trackers ego deflated like a popped balloon and I stepped humbly over to admire the hog she had shot and found all on her own (well mostly anyway).

Damn this thing looked bigger on the ground than it did on it's feet. PJ just like a pro stepped in behind it and poked at it with the barrel of her rifle before she let me near it. When she was satisfied the pig was dead she indicated that since I screwed up not getting it on video, I should drag it out where we could at least get some pictures before Newly came to pick us up. Looking at how far the sun had gotten in the morning sky I figured that wasn't going to happen for a couple more hours at least.


PJ'S Boar and a close up of his cutters. Yes they can hurt you if your careless

Grabbing it by the hind legs I pulled it up over the log and thankfully it just sorta slid down the bank about 10 feet from there. Rolling it over and positioning it just right PJ got down with "Sizzleen" (Yes she named her hog) and began posing for pictures. After snapping several pictures I finally asked "She Who must be Obeyed" if it was okay if I went over to look at my deer now.

All the while admiring "Sizzleen" she sorta nodded toward the little deer and said yes.

Note: Fallow Deer (Dama dama) are a smaller member of the same Cervidae family as the Whitetail (Odocoileus virginianus). As adults a large Buck (male) seldom exceeds 125 pounds. An adult Doe will seldom weigh more than 100 or 110 pounds. Both species maintain their fawn like spots through adulthood.

After a cursory examination of the effects left by my invitation to our dinner table, I can't get over how accurate and effective the Remington 1 ounce Copper Solid 12 gauge sabot slug is. That deer just did not have the heart to refuse dinner with us.

I was eventually able to coax PJ away from "Sizzleen" long enough to take a few pictures of me and my contribution to our freezer.


Female Fallow deer

A short time later Newly arrived having already picked up Jim from his stand. We got the game loaded and headed back to the Lodge. While enroute PJ imformed me that before I went back out hunting with my brother, who had yet to score, that evening I had to cut some steaks from her hog so she could fix us dinner while we were gone.

When we got back I got the deer butchered and into vacuum sealed bags before starting on "Sizzleen". The deer was easy and it got me in the groove. By the time we got the hide, head and entrails off PJ's hog it was almost time to head back out to hunt. I quickly cut out the backstarps and sliced off a few steaks before hanging the old Boar in the meat locker. All told "Sizzleen" weighed about 250 pounds.

Jim and I headed out for the evening hunt, but that and the ensuing dinner is another blog entry that will be coming soon.

Note for the ballistic peformance geeks: The 150 grain Remington Express Corelock 30 caliber bullet went all the way through the hog and it was recovered in a perfect mushroom lodged in the hide on the far side of the hide. That is as good as it gets, perfect expansion with all of the bullets energy expended in the target and the slug recovered from the far side of the game. As with the last deer I took with "Thor's Hammer" the 12 gauge the slug was not recovered but it definately left it's mark on the deer. I had hoped to see what it would do on a big hog, but hey there is always next time.

Note: For those that haven't read my previous post on the Mossberg SSI-One with the 12 gauge rifled barrel installed, I don't name all of my firearms but, the way this one performs I just couldn't help but call it "Thor's Hammer".

Round One: CCW - 1 Ernie Chambers - 0

The Nebraska Unicameral has been debating LB 454 Concealed Carry Legislation for the past two days. I have only been paying attention to it out of one side of my brain as it has been this far in years past.

Today ended round one before the full Senate with 34 Senators voting to bring cloture to a Senator Chambers filibuster. It was then by majority vote sent to the Select File.

Been there done that

Three years ago LB 256 (the same bill) made it this far before being tabled by Senator Tyson to be heard the following year. It was never heard from again.

Last year it was ressurected by Senator Combs as LB 454. It was, as it always seems to voted out of committee and sent to the floor of the full Unicameral. There it languished until Senator Combs was promised; If she tabled the bill until this years session it would get the full attention of the Unicameral.

Despite that written promise I am surprised that it has been brought up. I am not suprised that the vote for cloture succeeded and that it was vote on the full floor to advance to select file, as I said we been there done that already.

Long way to go

It isn't over till the Fat Lady Sings blog entries are posted folks. There are Senators that have some very restrictive amendments they would like to see added, that voted for cloture this time around. Just like they did the last time. If they can not get what they want added to LB 454 they won't vote for cloture let alone the final product.

This is not a time to rejoice, we been here before, now is the time if you support this bill to keep what ever pressure you have been bringing to beear on your Senators. Call their offices, get 10 friends to call their offices, get 10 friends to get 10 friends to call their offices.

It is really to early to tell how CCW will fare in Nebraska this year and I for one will be very suprised if it does in fact pass.

Posts Forth Coming

We are back home. Again

Over the next few days I hope to get up a few posts. I'll try to spread them out a bit so that they aren't all done in one day.

It has been a hectic last few weeks. The vaction went off as planned and we had a very successful hunt and got back home last Tuesday at 8:00 PM.

Just as we were literally walking in the door Mrs Gun's Mom was calling to tell us that one of Mrs Gun's younger sisters had been struck and killed by a car. So by Friday evening we were repacked and ready to go again.

We got back this afternoon and hopefully we will be home for a while and I can get some posting done.

Hiatus

I know I haven't written much lately. December is a busy time for me, what with a slew of family birthdays all between Thanksgiving and Christmas. There have been a few minor things I wanted to comment on but just could not find the time.

Speaking of which I sincerely hope that everyone's Christmas was joyful and triumphant.

The bad news is that it will continue for at least another week. The wife and I leave in the morning (Thursday)for a long anticipated wild hog hunt in Oklahoma. We will be spending New years eve together at a nice lodge in what will hopefully be a bit warmer climate.

Aside: For those of you that are interested in such things, yes I am taking "Thor's Hammer" (see a previous post for the explanation of the hammer) with the 12 gauge rifled barrel on it and will be using the Remington 3" Copper Solids that worked so well for me a few weeks back during deer season.

After that we will take a few days in Texas to visit some friends and be back home next week sometime.

I anticipate that after this bit of planned recharging I can get back to some regular posting.

May all of you have a wonderfully safe New years Eve celebration and a joyous and prosperous 2006.

Thank you all for reading my blog and for the comments both complimentary and critical this past year.

Gunscribe

Almost Seven Million Dollars

Projections for the Capital City indicate a 6.8 million dollar shortfall even if many of Madam Seng's pet projects are flushed.

Word is that the culprit is a lack of increase in sales tax revenue. The Lincoln Journal Star is reporting that sales tax revenue supports over 40 percent of the annual budget and that income has stagnated.

Apparently the city anticipates a 3 to 4 percent growth in in sales tax revenue on a yearly basis, and that just ain't happening this year.

Well DUH, is it any wonder why?

There is not much, if anything being written in the press about why the sales tax revenue has flatlined, but anyone that listens to local radio knows the score.

More than one public official has indicated that the smoking ban implmented by the People of the "No Nose Tribe" is more than partially to blame. One guest on a local talk show agreed that it could be as much as 4 million dollars. And that is probably just sales tax revenue that has not been generated, that might not even include the 14 cents on every dollar the city is losing from Keno that is not being played.

Aside: Keno is legal in the state of Nebraska and the city of Lincoln. Keno is gambling. Keno, alcohol and cigarette smoke go together like the three legs of a stool; cut off one of the legs and you fall on your ass.

THE CITY OF LINCOLN HAS FALLEN AND CAN'T GET UP

It is not only the loss of 14 cents for every Keno dollar played that the city is losing; It is the sales tax on the food and beverages that the players consume. There has also been some tracking as to how other non-Keno local restaurants and bars have been fairing.

Observations from this tracking revealed that food and beverage sales are down all over the city as compared to years past. Some businesses have cut their staff even further reducing the amount of taxes generated by the city and state.

Whether you are for or against the smoking ban it is hard not to aknowledge the economic impact that it is having on the city. When you cut the slaughter one of the cities cash cows, you are obligated to find another cow.

Between the lost revenue from Keno and the lost sales tax revenue from the sales tax on food and beverages the city of Lincoln has fallen into a financial money pit.

So how does our glorious leaders plan to compensate for this debacle? Why tax increases of course! The plan being formed now is to replace the single huge cash cow with a whole herd of little teeny weeny itsy bitsy little cows; i.e. the individual tax payers of Lincoln.

There is already talk by City-County Planning Director Marvin Krout of raising property taxes, wheel taxes and imposing an occupational tax on gasoline.

1400 KLIN radio is also reporting that City Budget Officer Steve Hubka says rate increases for water and sewer are also possible.

To that I say NO THANK YOU.

I think that everyone that voted to "cut their nose off to spite their face" ought to step up and identify themselves. Then the number of people that voted for the ban can be divided into the amount of the deficit and made to write a check for their portion of their ignorance.

You Do-gooders wanted smoke free bars and restaurants; well now you got them. It came at the expense of the cities infrastructure and no now you want me to pay for your shortsightedness?

YOU WANTED THIS, YOU GOT THIS.

IT WAS YOUR DUMB ASS HOLIER THAN THOUGH MENTALITY THAT GOT US IN THIS MESS YOU PAY YOUR OWN WAY OUT OF IT.

I am not saying the there would not be a deficit if the ban had not gone into effect, but I believe that the shortfall would be negligable or even virtually non-existant if it had not.

GET YOUR OWN CHECK BOOKS OUT AND COUGH UP FOR YOUR OWN IGNORANCE.

ITS YOUR STOOL, YOU BROKE IT, FIX THE DAMN THING YOURSELF.

Awwww I have been infected with a dreaded Meme

Jed over at FreedomSight Meme'd me. This infestation would remain on my Blog until I posted my responses to the 7 X 7 Meme that he sent me. I know this is a fun thing thing and I thank Jed for thinking enough of me to pass it my way.

It has taken me awhile to complete it, because I had been thinking of some of these things as of late and see this as an opportunity to post my thought out and meaningful answers to the Meme.

Here goes;

Seven things to do before I die (not necessarily in any given order)

Hunt the Water or Cape Buffalo
Celebrate our 50th Wedding Anniversary
Return to Alaska to Fish
Catch a Marlin (the fish not the gun)
Win the Lottery
Hunt for a full curl Ram
Get to know my Great Grand Children



Seven things I cannot Do

Tolerate the liberal mind set
Stay away from the firing range
Make a decent pancake
Violate a confidence
Speak Chineese
Bungy Jump
Think of one more thing for this list


Seven things that attract me to .... (the outdoors)

The Sunset
The Moon
The Sunrise
Fresh air
Wild Game
Fish
Campfires

Seven things I say most often

Yes Dear
As you wish Dear
In a minute Dear
Get your ass outa my chair
Dumbass
That's a car not a phone booth your driving
Don't threaten me with a good time

Seven Books (or series) that I love

John Grishams Lawyer Novels
John Axlers Death Lands Adventure Novels
Ann Colters How to Talk to a Liberal (If you must)
Bob Barrs The Meaning of Is
Shotgun News
Bill Jordons No Second Place Winner
Massad Ayoobs In Gravest Extreme

Seven Movies I watch Over and Over again

Quigley Down Under
The Outlaw Josie Wales
Hard Target
Hearbreak Ridge
Tombstone
The Shootist
Rooster Cogburn


Seven Suckers I want to infect

TFS Magnum
PTG
Abe
Ryne
Kevin
Head
Merri

Thanks Jed I only hope the people I infect are as greatfull as I am.

Pointed Bullets in a Lever Gun???

Hornady has done it again.

Headquartered in Grand Island Nebraska, Hornady Manufacturing has introduced a pointed bullet round that is safe to load in lever actions with a tubular magazine.



Calling it "LEVERevolution" Horandy has added a soft ballistic tip to pointed bullets in the 30-30, 35 Remington, 444 Marlin, 45-70 and 450 Marlin calibers.



Since the inception of the tubular magazine fed centerfire firearms we have always been cautioned to NOT load pointed bullets in these guns. In a tubular magazine the rounds are stacked on top of each other with the point of one pressed against the primer of the one in front of it. When the firearm recoils with pointed bullets loaded in the magazine this can and will fire the primer/s of rounds in the magazine with devastating results.

That is why until now there has been an industry wide caution on using only roundnose or flatpoint bullets in firearms that have a tubular magazine.

There is some claim with this new ammunition, that also boasts improved ballistics that the 30-30 is now a genuine 300 yard gun. I'm sure some of the claims Hornady is making with this new inovation will be proved in the field and it is an exciting new product.

Pointed bullets in a tubular magazine are really nothing new to me though as I have been using them for years.

There are a number of companies that have made bolt action, semi-auto, and pump action guns in the venerable old 30-30 caliber that do not use a tubular magazine. Loading information in the several of the loading manuals has for years listed pointed bullet loads for the 30-30, and yes I have used them with great success in lever action firearms without incident.

There is one caution I have must offer in regard to using any other poined bullets except those specifically designed by Hornady for use in lever action firearms;

WHEN USING POINTED BULLETS IN A LEVER ACTION FIREARM DO NOT LOAD MORE THAN TWO ROUNDS TOTAL IN THE FIREARM, ONE IN THE CHAMBER AND ONE IN THE MAGAZINE.

In most hunting situations you won't have time for more than one or two shots at most anyway.

Back in the mid 70's I did a great amount of experimenting with pointed bullets in a lever action Model 94 in 30-30 caliber. Most of the shooting that was not at paper was done on the Southern New Mexican out-of-control Jack Rabbit and Coyote populations with great success.

Even given the powders available then, and keeping within the standard pressures for the cartridge, we were able to accomplish some pretty long range shots at these vermin.

At that time the pointed bullets were designed to function at higher velocities and I do not believe that the speed with which the 30-30 shoots was enough to ensure reliable and consistant expansion. Since our target species was rabbits and coyotes expansion was not a concern. My main goal was better accuracy and a bit longer range and that was accomplished.

Much of the loading data I used involved the 130 and 150 grain Speer bullets and data from Speer's reloading manual # 9.

The effect these rounds had, or would have had on deer was not known to us as only one time can I recall using one of these loads on deer, and it was well within the normal range of the 30-30 anyway. Since the projectile exited the deers body it was not recovered for examination. It did the job though.

I'm sure I am not the only one that did this kind of experimenting, but I did have a lot of fun with it and have considered again loading some of those types of rounds in the last few years.

I may not have to now, this Hornady ammunition looks promising and I can't wait to try it.

If you do decide to experiment for yourself with pointed bullets in a tubular magazine please head the following Century old advice;

WHEN USING POINTED BULLETS IN A LEVER ACTION FIREARM DO NOT LOAD MORE THAN TWO ROUNDS TOTAL IN THE FIREARM, ONE IN THE CHAMBER AND ONE IN THE MAGAZINE.

The new round from Hornady would be an exception to that, of course.

Thor's Hammer (the new name for my Mossberg SSI One)

With the 12 gauge rifle barrel on it anyway!

Yea I know I haven't been around much, but hey I been out hunting. Not just deer either, but that is the subject of this post.

For those of you that read this Blog with any regularity you know I have been touting the Mossberg SSI One.



To Re-cap;

It is a singleshot firearm with interchangable barrels that can be had in 223 & 22-250 heavy barrel configuration and in 223, 22-250, 243, 270, 308, and 30-06 sporter configuration (tapered). There are two 12 gauge barrels available; one with rifling and one designed specifically for Turkey hunting.

I own two of these fine firearms in 30-06 and have the 12 gauge rifled barrel that I use on one of them. I was fortunate to enough to take the 12 gauge rifled barrel on a recent deer hunt and it exceeded my expectations. This firearm will shoot 1 1/2 inch or less groups at 100 yards if I do my part.

Shotguns only

One of the areas I hunt is limited to shotguns and muzzle loaders only. This is not a problem because shots in that area rarely exceed 80 yards anyway. We spent two days hunting and I lucked out about a half hour before the end of legal shooting light on the last day of the regular firearms season.

Having an antlerless only permit I was set up in a cedar tree about 50 yards downwind from a well travelled deer trail. I heard a deer bounding through some pretty thick brush before it came into a small opening. As it entered the opening I shoulder the Mossberg and gave a bleat to stop the deer. When it came to a halt I settled the cross hairs on the right shouldered and fired.



The deer was about forty yards away and never took another step. I approached the downed deer and after ensuring that it had expired I tagged it and began a cursory examination of the wound the slug caused.



I won't get into the gory details of that or the ensuing field dressing autopsy, but it is suffice to say that the 3 inch Remington Copper Solid 12 gauge saboted slug I was using is one of the most devastating rounds I have used in all of my years hunting deer. The slug exited the left side and was not recovered.

I had hoped that this firearm and ammunition would be a good combination for deer and I am entirely satisfied that my hunch was right. I am not exagerating when I say that deer dropped like "a pole axed steer" or that he had been "struck with Thor's Hammer".

Discontinued

The sad news is that Mossberg has discontinued this firearm. There are plenty of "new-in-the-box" and used guns available along with all of the barrels. The Gun Auctions seem to run hot and cold with them. If you are looking for an affordable single shot firearm that has interchangable barrels take a long hard look at the Mossberg SSI One.

I intend to find a few more barrels for the ones I have, and in a recent conversation with the folks at Mossberg, they still work on them if one needs service and they intend to for quite some time.

As a side note:



I have a Bushnell Sportsman 1.5 - 4.5 power shotgun scope mounted on the 12 gauge barrel and I have some issues with it. On the shooting range the optics appeared crisp, clear and it holds a very good zero.

Using this scope in the field however I found that objects, trees, brush and game sort of blended into together making it hard to get on the target well. On the first day in the field I had the opportunity to take a shot at two different deer, but I just could not find them in the scope.

I have not experienced this phenomenon with any other scope I have ever used and Bushnell had no answers over the phone either, except that I send it back to them for testing. I will consider this, and possibly give it some more field testing before looking for another scope.

Term Limits; Lounge Chair for Apathy

The Citizens of Nebraska have voted for term limits at General Election several times in the last 10 years. Previous attempts by the voting Public have been rebuffed by the courts, and it looks like the issue will be back before the Nebraska Supreme Court in the next few months.

Under the term limit statute several State Senators are serving their final term in the Unicameral. One Senator in particular (No it is not Ernie Chambers, but he is thinking about it) filed a petition to run for re-election and was denied by the powers that be under the term limit statute. This Senator knew he would be denied the opportunity to run again and has a prepared lawsuit to challenge the Constitutionality of the term limit statute.

Note: The names of the parties are not important, and that information can found just about anywhere. It doesn't matter who is suing who over the statute, the question is; Is it Constitutional?

Term limits on the surface may seem like a good idea, but in my reality it is not.

People of voting age have gotten continuely apathetic about who it is that represents them since the end or World War II. Without a doubt there have been some fairly incompetant people elected to higher office in the last sixty years, from both parties.

The answer to this seems to be; We're to busy to vote so we will limit the time they have to slop at the public trough and all will be well.

How's that for apathy??

Some scumbag politico gets elected and we don't have to worry about voting because in a few years he/she'll be out on their pompus ass in a few years anyway.

Such a system is an excuse for a person not to perform their Civic Duty; "Well yea I really oughta vote, but the asshat will be out of office in a few years anyway so why bother".

What about me and all of the others that take our Civic Duty seriously by studying the issues and voting for whom we feel is the most qualified candidate?

Quite possibly I may think the incumbant has been doing a very good job and would very much like to vote for him/her again.

Term Limits Deny me the right to vote for the candidate that I deem most qualified.

The apathetic people all turned out to vote for term limits so they wouldn't have to pay attention to the issues and make an informed decision at the ballot box. Too many people can't be bothered to become familiar with the issues, it gets in the way of their sewing guild, bowling league of kids soccor games.

If more people would do their Civic Duty and vote we would not need the term limits that deny me my right to vote for the candidate I deem best suited for the job.

In fact it is even easier today to become informed that it ever has. A very large portion of the public has, or knows someone who has access to the internet. A few minutes spent on any of the state, county or local websites will inform a prospective voter of all the information they need to know about the candidates.

Here are a couple of suggestions;

Dad - instead of surfing for porn tonight after Mom and the kids go to bed, why not look up some info on the candidates?

Mom - instead of spending that 5 or 6 hours in a chatroom today while hubby is at work and the kids are at school, why not look up some info on the candidates?

How's this for an idea? Put the kids to bed and both of you get online and learn something about the people that represent you.

As I said earlier the names of the parties are not important, I don't even care if we share the same philisophical ideas on any of the other issues. We do agree on this one. I hope that the State Supreme Court finds the statute unconstitutional.

Term Limits are a bad idea and in my mind always have been. It lets the apathetic go on being apathetic.

Their is no excuse for apathy when it comes to ones Civic Duty and term limits are not the answer to that apathy. Term limits encourages the apathy to continue.

BY IMPOSING TERM LIMITS YOU ARE DENYING ME THE RIGHT AND THE OPPORTUNITY TO VOTE FOR THE CANDIDATE I DEEM MOST EFFECTIVE FOR THE OFFICE.

Here are the Ordinances

This is a follow up to the previous two posts concerning the Ordinance proposed by Police Chief Tom Casady and the City Councils subsequant enactment of same on November 14th 2005 by a vote of 7 - 0.

The Ordinance creates a rebuttable presumption that; Since any vehicle kept or stored within the City limits for more than 30 days is PRESUMED (can you say guilty until proven innocent) to be being operated on the streets of the City and as such shall be registered in compliance with section 10.08 of the Municipal code. the Police to enter upon your property to verify unregistered or incoreectly registered vehicles and issue a summons for the same.

Currently there is no State Statute or City Ordinance that prohibits having an unregistered or incorrectly registered vehicle on your property.


The applicable section of the city ordinance are reprinted here. Bold and/or Color highlights are mine.

10.08.010 Registration Required

It shall be unlawful for any person to park or operate any motor vehicle upon any street or public way within the city without having registered it as provided by the laws of the State of Nebraska............. (Ord. 156 ~1; July 9, 1990: PC ~ 10.48.010: Ord. 13753 ~ 1; January 30, 1984: Ord. 5699 ~ 1101, as amended by Ord. 6673; November 25, 1957).

10.08.040 Registration; Fictitious License Plates.

No person shall operate, drive, or cause to be operated or driven, a motor vehicle on the public streets, alleys, or other public property, which bears (a) any number plate or certificate other than as assigned to it for the current registration period or (b) any fictitious or altered number plates or registration certificate (Ord. 16120 ~ 1; May 26, 1992).

This amendment to the present ordinance (10.08.010) would allow law enforcement officers to go on "quasi-public property for the purposes of ticketing non-registerd vehicles and would afford City Prosecution a rebuttable PRESUMPTION (In plain English you have to prove your innocence because you have already without the benefit of trial been presumed guilty) that vehicles stored or kept within a City for a period in excess of 30 days are presumed to be operated or parked on the streets of the City.

Please note that a Rebuttable Presumption is the same thing as saying; YOU ARE GUILTY UNTIL PROVEN INNOCENT.

If you have an unregistered or incorrectly registered vehicle on your property and you receive a summons, then you MUST take time off from work, appear in court and PROVE YOUR INNOCENCE. This Ordinance allows you to rebutt the citation but only at your own personal expense. In other words you may get it dismissed, but you will still be "fined" the amount of money you loose from work, parking meters etc..... Either way it will cost you money out of your pocket.

How many more ways can I say that the Chief of Police Tom Casady has pushed through Ordinances, now and in the past that are contrary to the State Statutes and not only the Constitution of the State of Nebraska, but the Constitution of the United States as well?

How many more ways can I say that the City Council has voted for and passed Ordinances, now and in the past that are Contrary to the State Statutes and not only the Constitution of the State of Nebraska, but the Constitution of the United States as well?

It doesn't matter whether you keep your registrations current or even detest those that don't this Ordinance should make every single Lincolnite mad and I mean damn mad. If you care anything at all about due process or the age old legal concept of "Innocent until proven guilty" you need to contact all of the members of the City Council and the Mayors office and express your thoughts on this blatant disregard for your rights as a Citizen of the City of Lincoln, State or Nebraska, United States of America.

City Council - 7 Citizens Rights - 0

In a very short segmant of the City Council Meeting on the 14th of November every single member of the Lincoln City Council voted to drive another wooden stake through the hearts of their Constituency.

It has been painfully obvious for a very long time the Members of this City Council have absolutely no respect for the individual rights of the citizens trhey are suppose to serve.

In a unanimous vote the Council created, at the request of Field Marshall Police Chief Tom Casady, an Ordinance that allows City Police Officers to "Legally" tresspass on private property and write citations for something that is not even a crime.

Since there is no law that states a vehicle kept on Private Property must be registered, the Lincoln City Police Department now has the power to enter on private property without a warrant and issue a citation for NOTHING.

A valid registration is only required to operate said motor vehicle on public thourogh fares. In order to obtain a conviction for an unregistered or faulty registered vehicle the burden of proof is on the municipality to prove that vehicle is being operated on public streets. Again I say, the Lincoln City Police Department now has the power to enter on private property without a warrant and issue a citation for NOTHING.

The danger here is that while "Legally" on that private property they can use the "Doctrine of plain sight" "Discover" other potentially illegal activity.
This is just one in a long string of travesties that has been perpetrated on the Lincoln Community by "Tommy Boy" Casady and aided and abetted by the incompetance of the Lincoln City Council. It seems like every time "Tommy Boy" blows smoke up the City Councils chimney they wipe the soot from their eyes and give him what he wants.

Incompetence ?? Yes I said that. The members of this Council are so swollen up with themselves and their perceived power that they either routinely ignore their duty to the State Constitution and Statutes or they simply do not care and vote to violate that sacred document with impunity.

I doubt seriously that it would do any good to remind these sloppers at the public trough of their oath of office and what it really means to SERVE the people that elected them.

State Constitution means nothing to Casady

Lincoln Police Chief Tom Casady is once again seeking to have the rights and privacy of Lincolns citizens stopped at the City Limits.

In his latest crusade to impose his Napoleonic dictum on the populace whose rights he has supposedly sworn to protect Tommy Boy wants the City Council to give him and his minions "authority" to "legally tresspass" on private property to issue citations for un or improperly registered vehicles.

But because the vehicle was parked in a driveway, the police were powerless to do anything about it, short of conducting a stakeout to bust the owner if they drive the vehicle off the private property into the public domain.

Well DUH Chief that is the way it is suppose to be. Neither I nor anyone else is required by state law to have either; A) a vehicle that is not running or B) is never used off of our PRIVATE property registered.

If I have an old 4 wheel drive for pulling stumps and plowing snow in my drive and that vehicle NEVER leaves my property I DO NOT under state law have to register that vehicle.

If a particular vehicle is NOT running for what ever reason I can let the registration lapse and when that vehicle is repaired or rebuilt the Department of Motor Vehicles will let me sign an affidavit to that affect and I will only have to pay the registration from the day I am re-registering it.

IT IS NOT AGAINST THE LAW TO HAVE AN UNREGISTERED VEHICLE ON YOUR PROPERTY.

Because I am required to show proof of insurance at the time of registration this SCHEME will also require me to carry insurance for a PARKED on PRIVATE PROPERTY vehicle that I am not driving either becasue it is broke down, I am restoring it or I simply choose not to use it on PUBLIC thoroughfares.

State law requires one to show proof of insurance at the time of registration.

Again there is no state statute that compells me to insure a vehicle that I am NOT operating on public thoroughfares.

Casady asked the City Council to amend city ordinance to allow police to go after improperly registered vehicles that are parked in “quasi-public” places, such as driveways and private parking lots. Basically, “anywhere a door-to-door salesman can go.”

Hey Chief, get this through your head; There is a big difference between You, your Officers and door to door salesmen.

A door to door salesman is a PRIVATE CITIZEN acting in that capacity. You are a PUBLIC OFFICIAL acting in an OFFICIAL CAPACITY.

I can tell a door to door salesman to get off my property if I don't like what he/she is selling. Under this grandiose scheme I do not have that option when you come sneaking around MY PROPERTY at three in the morning shoving your Badge in my Face. In addittion the opportunity for abuse is just too great.

Consider the following;

Officer in Court: Your Honor I could not plainly see whether the registration was current from the street, it is a rather long driveway and the license plate was obscrured by a bicycle leaning against the back of the car, under the authority of city ordinance I entered upon the property and in the course of my investigation I noted that ________ (fill in the blank) and subsequently arrested the defendant on a charge of ______ (fill in the blank).

Do I believe that the local gendarmes will under the colour of this ordinance use it to sneak around private property in the middle of the night as a pretext to discover other crimes they may or may not suspect? Unequivocally YES I DO.

The change would help police enforce registration laws, which police have been focusing on since early last month. The council will likely vote on the proposal during its next meeting on Monday.

If you have an unregistered and uninsured vehicle on your property you are not committing a crime. If this ordinance passes you will still not be committing a crime. Afterall the ordinance does not make it a crime to have the unregistered vehicle on your property, it only gives the Chief and his minions the authority to tresspass on your property at their liesure.

All this appears to be is a scheme to generate more revenue for the city coffers. What Casady proposes is that the City give him the authority to tresspass on private property and issue citations for something that IS NOT against the law.

If you value your property rights and privacy then contact your City Council Persons and tell them how you feel about this blatant disregard for the rights of the people that Casady is again perpetuating on the city.

If the City Council does pass this then they will have, once again violated the oath of office they took to uphold the Constitution and laws of the State of Nebraska.