‘Constitutional Carry’ in Omaha Hardly Lives Up to Its Name

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“Volunteer” to him that you’re carrying — or else. (IMG NRA-ILA)

“Omaha police said in the six weeks since Nebraska’s constitutional carry law took effect they’ve arrested several people for failing to tell police they have a gun on them when they’re contacted,” ABC’s KETV 7 reported Wednesday. “[A]ccording to law enforcement booking information, at least one person has been charged with ‘failure to disclose’ a concealed weapon every day in the last week.”

“It’s a misdemeanor for the first offense, an elevated misdemeanor for the second offense, and a felony for any additional offense,” the report elaborates.

“You have the right to carry the gun on you. But you also need to let law enforcement know, for their protection, everything else, so that that you have the firearm on you,” Capt. Keith Williamson of the Omaha Police Department gang unit asserted. He added that additional charges can be “tacked on with other serious charges” to offenses like gang crimes and that the bill forcing the city “to repeal some ordinances around firearms … made it more difficult trying to track guns in the wrong hands.”

At this point, a reporter tasked with doing more than parroting an officially approved narrative might ask, “How?”

Permitless carry, requiring self-reporting to armed enforcers, hardly conforms with the Framers’ “shall not be infringed” intent and does nothing to authorize the commission of crimes, just as freedom of speech does not give a pass on fraud, libel, threats, and the like. If by “wrong hands,” Williamson means “prohibited persons,” another classification with no comparable Founding Era model, the carry law specifically excludes them.

“The new law will not change who is allowed to purchase firearms in Nebraska,” the Omaha World-Herald explains. “An amendment folded into LB 77 added an extra misdemeanor charge if someone carries a firearm while committing certain ‘dangerous misdemeanors,’ including domestic assault, shoplifting or stalking.”

But true to prohibitionist form, “Omaha Mayor Jean Stothert … issued an executive order banning firearms on city-owned properties.” While the position is officially nonpartisan, it’s interesting to note that Stothert is one of those “moderate” Republicans who take the fire out of the bellies of gun owners looking for alternatives to gun-grabbing Democrats. In her case, her husband’s 2021 suicide “from a self-inflicted gunshot wound” merits our sympathy, but not to the extent that using her political power to mandate life-endangering infringements should be tolerated.

Just as Stothert’s gun ban would not have affected her husband’s choices in any way, neither would a requirement that gun owners inform the police that they are armed alter the behavior of the gang members who couldn’t/wouldn’t have applied for permits in any case. In the case of criminals, requiring them to admit they are illegally carrying would be a violation of the Fifth Amendment, as ruled by the Supreme Court in Haynes v. United States, which properly reasoned requiring a prohibited person to register a firearm would violate his right not to incriminate himself.

Once again, “gun control” only “works” on the “law-abiding.” It’s shameful that most “mainstream media” readers will never know any of this, and that’s the way those who would rule want it. And in this case, Nebraska’s “Turn Yourself In” diktat further endangers citizens’ rights.

To see how, set aside time to watch two videos that I consider essential for gun owners. The first is “Don’t Talk to the Police” by Regent University School of Law professor James Duane, wherein he explains how even seemingly innocent questions can be a trap and seemingly innocuous answers can be incriminating admissions. That one is 40 minutes long, so save that link to watch when time permits and then share it with anyone you think should see it.

The other video is posted below. It “stars” Canton, OH, police officer Daniel Harless demanding mere citizens “Back the Blue” by cowering in fear—or else. He does that by screaming like a psycho and threatening a motorist who had to wait until he could get a word in edgewise to comply with Ohio’s (at the time) law and disclose that he was carrying a permitted pistol.

This is no way to run a free Republic.


About David Codrea:

David Codrea is the winner of multiple journalist awards for investigating/defending the RKBA and a long-time gun owner rights advocate who defiantly challenges the folly of citizen disarmament. He blogs at “The War on Guns: Notes from the Resistance,” is a regularly featured contributor to Firearms News, and posts on Twitter: @dcodrea and Facebook.

David Codrea

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Guido

First cop should be fires and prosecuted for threatening to pull the driver over, concoct a false charge, and have the vehicle towed every time he see it. Comon, he admits to playing games. And the other officer, the one with no balls to stand up to this blue suited bully should be at the least suspended without pay for going along with the lies and harassment of the driver. Gives every honest cop a bad name.

Tionico

Its not clear whether this “duty to self-rat” is part of the new state law “allowing” carry with no Mother May I Card, or whether this is an Omaha law. If its a city thing, is Nebraska a state preemption law state? If so, that “pore widdow” mayoress has a problem on her hands…. SHE cannot make law, nor can she allow her city underlings to do so. And her “executive order” she wrote down a while back is also illegal.. ONLY the duly elected representatives of THE PEOPLE can make law, and she ain’t in that club. She is… Read more »

TStheDeplorable

On day one of the job every cop is told to treat every person they encounter as armed. I expect the courts will uphold this law, but it is a silly one. If a guy tells you he has a gun, you treat him like he has one. If a guy tells you he doesn’t have a gun, you treat him like he’s lying. It doesn’t change police practice at all. Next we’ll have laws that require you to surrender your weapon during the contact.

USCitizen

This guy should sue both cops, the police department, and the city for violating his civil rights. He should also file criminal charges against both cops.

California Uber Alles

STFU Friday came early!!!

Thank you, David, for sharing both these videos. The don’t talk to the police video is long, but eloquent and informative, and absolutely worth the watch.

The dash video shows business as usual, and is a good reminder that the uniform is just clothes; the person under those clothes controls their own actions, and sometimes that person sucks.

musicman44mag

WTF. I hope this asshole lost, are is going to lose his job. He is the kind of ass like the majority of the Sacramento Kommiefornia PD that gives all cops a bad name because when one messes up, we blame all of them. It’s not right but that’s how people are and some cops are so spoiled from dealing with thugs so much, to them we are all thugs. I can’t believe the driver kept calling this ass sir. I would have gotten belligerent as soon as the dumb F said put my gun to your head. I would… Read more »