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LB 816 in Nebraska (Why it’s Flawed) | Nebraska Firearms Rights Attorneys


When I’m evaluating legislation what I
like to do is ask myself is there a clear public purpose that the
legislation is trying to accomplish and second I like to ask myself whether or
not the legislation efficiently addresses that public purpose with
regard to lb 816 I can’t say that is true in either case
with lb 816 I can’t understand as I read it what the purpose of it is in
addition there are significant technical problems with lb 816 that make it
completely unworkable so what is lb 816 lb 816 seeks to add two categories of
firearms to the current hand gun purchase permit concept those categories would be
a designated semi-automatic rifle and a designated semi-automatic shotgun so
what is a designated semi-automatic rifle a designated semi-automatic rifle
is any semi-automatic rifle that has a box magazine and a list of additional
features and I should say there’s a list of additional features but it only needs
one of those features for example something like a although this is a
shotgun something like a pistol grip on a semi-automatic firearm would add it to
the category an extendable stock or a stock that is foldable another one of
the big problems with the definitions is it includes and I’m gonna go ahead and
read it here so I don’t get it wrong but the definition is any other grip or
stock the use of which would allow an individual to grip the weapon in such a
way that any finger on the trigger hand in addition to the trigger finger would
be directly below any portion of the action of the weapon when firing so what
lb 816 is trying to do is create this class of women of firearms based on the
description of the stock the problem is is the description of the stock actually
describes pretty much any semi-automatic firearm that’s currently in production
to demonstrate i’ve brought here what is a Ruger 10/22 very common firearm as you
can see this one’s unloaded accepts a box magazine accepts a magazine so
therefore it meets the first criteria if you look at the other criteria such as a
threaded barrel this one doesn’t have it it doesn’t have an extendable stock it
doesn’t have a pistol grip however the definition of the stock in and of itself
under lb 816 says that if any part of the trigger finger or the triggering firing
hand rests below the action by definition this is the action of the
firearm this is the trigger mechanism as you can see the vast majority of all
firearms have the trigger mechanism that rests below the action so if I were to
hold this in the normal course of if I were to hold this firearm normally like
most people would by definition this stock rests my trigger finger below the
action and rests the majority of my hand below the action because the actions up
here so that’s true with all normal stocks this is a stock on a shotgun
which would also apply if you can see the action is this part the trigger is
this part including my trigger finger which is by definition below the action
as well as all of my other the rest of my hand which is by definition below the
action so the definition of the stock in LB 816 is actually meaningless
I suspect somebody who doesn’t understand firearms actually tried to
write it but I’m not again because of the because it’s so broad I don’t even
understand what they’re trying to accomplish with the definition so lb 6
816 would add these two firearms to the designated weapons list as a result
merely because they have a standard stock even if they had no other
no other characteristics that’s problematic another reason it’s
problematic is because under lb 816 if you aren’t eligible to purchase if
you’re not eligible to carry a concealed weapon if you’re not eligible to qualify
for a CCW then you’re not eligible to purchase a firearm that’s considered a
designated weapon they can actually deny you your purchase permit now that
doesn’t make sense either because under federal and state law you can own these
firearms you just wouldn’t be allowed to purchase them and I’m not sure what the
point of allowing somebody to own something they can’t purchase is I think
that causes constitutional issues again also it doesn’t really make sense now
some of the other types of things that lb 816 regulates is this is a standard
semi-automatic shotgun that is actually a competition shotgun, it’s a
Beretta 1301 as you can see it has an extended magazine on it for purposes of
competition if you’re going to compete with a shotgun if you look at any
professional shooters or most competitions and an extended magazine is
pretty much critical other than being colored black this is very similar they
make a hunting shotgun that’s almost identical to this shotgun it doesn’t
have any significant features to it other than this extended tube magazine
well the definition under lb 816 one of the qualifying features for a shotgun
would be an extended tube magazine and a magazine that allows for five or more
rounds so any extended tube magazines would be prohibited so again this would
be covered under the designated firearm shotgun this this which could be used
for hunting it’s definitely a competition shotgun but it’s very large
and doesn’t make a good tactical or combat shotgun so
now let’s compare that with this this very scary-looking shotgun this shotgun
has a collapsible stock which would be included on the shotgun list this
shotgun has a pistol grip which would include it on the list this shotgun has
the ability to accept a flash hider they do make chokes that are flash
hiders let’s get the scary military pickets any rail up top so you can put
optics on it but guess what this shotgun it’s short it’s more concealable this is
definitely a home defense shotgun but this shotgun isn’t on the list because
it’s a pump shotgun so this scary shotgun wouldn’t be subject to the list
but this 22 caliber semiautomatic rifle that is one of the most common in the
United States and is the terror of many squirrels across many farms in Nebraska
as well as a firearm that many children learn how to shoot on that would be
prohibited so if you couldn’t have a concealed carry right handgun you
wouldn’t be able to own you wouldn’t be able to purchase this rifle you could
own it but for some reason you wouldn’t be able to purchase it so lb 16 is a law
that seems to be seeking a solution to a problem that I can’t see that exists and
that’s why we’re against obese 8:16 for more information we would suggest that
you click on the link below I’ve done a complete analysis of lb 816 for your
review if you like this video please like us and share us among your friends
thank you

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