Neb man denied gun registration and CHL permit after SD

[ELB]

I think there might be a post around here about the original incident, but my search-fu is not good enough to find it again.

More info since then: think it is an interesting view of how other states work and the perils of gun registration.

Summary

James McCullough was a customer in an Omaha Walgreen's when two men masked men entered. One pointed a shotgun at people in the store. McCullough drew a Smith & Wesson .40 pistol from his waistband and shot the robber holding the shotgun several times, who fled but collapsed and died outside. McCulllough held the other robber in the store until police arrived.

Police apparently recognized it as a self-defense/defense of others shooting, but ticketed McCullough for carrying a concealed weapon without a city-issued concealed carry license. McCullough is a security guard who has a city license to carry in plain view -- this apparently required for his work as a security guard. The police also confiscated his gun. McC (or his attorney) maintained the gun was not concealed, it was visible in McC's waistband. McC stated in interviews later that he carried the gun everywhere, "...like a wallet."

While awaitng the DA's decision on whether to prosecute McC, he or his attorney received word that the dead robber's buddies might be planning revenge. The Nebraska Firearms Owner Association solicited funds from its members and bought him a replacement pistol of the same type. When McC went to register his pistol with the city (the city requires registration of guns, or at least handguns), or apply for a permit to buy the gun (stories vary on this) the police returned his paperwork and refused to register it. They were quoted as saying they weren't "refusing," just "delaying." Also it seems he started an application for a concealed carry permit, and this was refused or delayed or otherwise held up.

Recently, the DA decided there was not enough evidence to prosecute McC for carrying concealed without a license. Video of the incident apparently shows the pistol grip visible in his waistband, but police are not releasing the video because it will be used to prosecute the still-living robber.

McC's attorney held a news conference, with McC present and speaking also, indicating they are now going back to get his new pistol registered and get his concealed permit. That, as well as the some background on the city's defiance of various state pre-emption laws, is here: http://nebraskafirearms.org/" onclick="window.open(this.href);return false; (no direct link -- as the post ages, you may have to search for it).

Other links:
http://www.thearmedcitizen.com/2010/04/ ... be-robber/" onclick="window.open(this.href);return false;
http://www.omaha.com/article/20100504/NEWS97/100509805" onclick="window.open(this.href);return false;
http://www.wowt.com/news/headlines/92532359.html" onclick="window.open(this.href);return false;

[KFP]

WOW...this is amazing on so many fronts.

I'm just glad that I get to spend the vast majority of my time here in Texas.

[Oldgringo]

WOW...this is amazing on so many fronts.

No, no it really isn't amazing. This story just goes to prove that, wherever and whomever you are, regardless of your legality, bad things can happen when you shoot people - even bad people endangering lives while committing felonies. Did you notice the frequent reference to the word "attorney" and did you see any reference to the phrase "pro bono"?

This story should be required reading for all of the heroes on this forum who seem so eager to correct the ills in our society with their licensed CW.

I'm definitely not sayin' the bad guy didn't need killin' and didn't need killin' a long time ago, I'm just sayin'...

[KFP]

I've always been a big proponent of saying that just because a shooting is legal/justified, does not mean that it is necessarily the right decision. I also support the belief that the only people who really know the true story, and can make the appropriate decision for themselves at the time, are those who are present.

My amazement is deeply rooted in the government response in Nebraska (a shall issue state, IIRC). It appears that the man was legally carrying his pistol and the shooting that he was involved in was deemed justified. It's not all that surprising that the police and DA ruled it a good shoot or that the criminals buddies are threatening retaliatory violence. It is surprising that after being cleared, the man encountered resistance from the government in: 1) returning his firearm 2) issuing him a permit for his new firearm 3) issuing his CC license - all of that in the face of the threats. Also amazing, in a good way, was the response from fellow firearm owners, who were willing to donate money to purchase a new pistol for the man.

Clearly there are many factors to take into consideration when defending yourself, your family, or a third party. It is disappointing to see a system of government bureaucracy restricting someone's ability to provide his own defense in the face although he acted legally. Hopefully someone will suggest that he obtain a CHL from another state and keep at least three pistols registered with the city.

[ELB]

...My amazement is deeply rooted in the government response in Nebraska (a shall issue state, IIRC....

Quickly perusing the NFOA site, it appears that Nebraska is not, or originally was not, a pre-emption state concerning firearms laws. The legislature has passed some laws removing some of Omaha's powers, but apparently the city government is ignoring them for now. As in many places, the state generally may be gun-friendly, but city governments seem to attract leftwing control freaks.

[KFP]

Isn't it great when lawmakers ignore laws?

[bdickens]

...but city governments seem to attract leftwing control freaks....

Just city governments?

[steve817]

I think this was the interview I watched recently. One of the slugs from his .40 cal was found inside the barrel of the shotgun. No denying that the BG had the shotgun pointed at him.