LB 219 - Death and Maiming

(Transcript of Testimony at the Legislative Hearing)

The tremendously harmful change in State Statutes that is currently being proposed in LB 219 would take our state back to the time when Nebraska was a territory.

At least 128 years ago they recognized the tremendous harm in what is being proposed here, as when Nebraska changed from being a Territory to a State they also changed the law from one against "Carrying Offensive Weapons --- WITH INTENT" to one against "Carrying Offensive Weapons." The Statute of 1873 is basically identical to what exists today.

This law, as it exists, has served well for Nebraska's good people for 128 years.

In Nugent v. Nebraska, 104 Neb. 235, and later reaffirmed in Nebraska v. Saccomano, 355 N.W. 2nd 791, 218 Neb. 435 the Supreme Court ruled:

"The main purpose of the statute is not only to prevent the carrying of deadly weapons for use, but to prevent the carrying of them at all, because of the opportunity and temptation to use them which arise from concealment."

The ruling goes on "Apparently the defendant was somewhat defiant of the law and the authorities, and carried the revolver under circumstances such as sometimes result in shooting affrays and death."

This also appears to describe those in favor of this harmful change in Nebraska Statutes, which is opposed by Nebraska law enforcement, as was LB 476 two years ago and an identical LB 1124 last year.

In Botsch v. Nebraska, 61 N.W. 730, 43 Neb. 501 the Supreme Court stated "One of the essential elements of an assault with intent to commit murder is the intent, and this is a mental process, and as such generally remains hidden within the mind where it was conceived, and is rarely, if ever, susceptible of proving by direct evidence."

The court goes on to describe Intent as "attendant upon the commission of the assault with which it is charged to be connected."

Thus intent is normally used after the crime has been committed to determine punishment and NOT as a deterrent of that crime, as is the critical reason for the current long standing law against carrying a concealed weapon.

Intoxication can be used as a defense against criminal intent. (Warton's Criminal Evidence) Section 26 (page 90.)

Those proposing this change, as stated in LB 219, also want to be allowed to carry concealed, along with their guns, other deadly weapons.

Those wanting this change in State Statute have apparently misrepresented themselves.

These appear to be individuals who, in their quest for self importance, feel they have a need to walk our streets, and through our society, carrying concealed on their persons the power of life and death over all children and adults within their shooting range.

Those wanting this extremely harmful change in Law currently have the right to strap their visible gun on their side and walk the streets.

However, as they have stated in the past, people and the police would be afraid of them and thus they would be stopped by the police and questioned.

This is rightfully so - especially so - in this age of killing, mass murder, and violence which they have helped to create in our society, and which exists in no other developed country.

It is not a coincidence that as the aggressive activities of pro gun organizations have increased over the years so has increased the suffering, maiming, mutilation, and killing of our country's good people from shootings.

Hand guns are a symbol and an instrument of death.

The people proposing this harmful change in Statute very much need to become involved in a new hobby and a new way of life.

This proposed change in Nebraska Statute must once again be killed in the Judiciary Committee, as it was last year, before they continue to pull our society into their world of violence and killing.