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Judge: City went too far in barring man from possessing gun

LINCOLN, Neb. (AP) — A judge has ruled that a Lincoln ordinance can’t bar a man from possessing a firearm just because he has been found guilty of contributing to the delinquency of a minor.

The Lincoln Journal Star reports that Judge Kevin McManaman of Lancaster County District Court last week overturned a county court conviction of Evan Bell, 25. McManaman ruled that Bell’s misdemeanor convictions weren’t enough to completely deprive him of any rights under the Second Amendment, in part because the elements of his crimes didn’t include violence. The judge did not rule that the entire ordinance was unconstitutional.

City Attorney Jeff Kirkpatrick said Wednesday that the city won’t appeal the ruling.

A Lincoln officer whom Bell contacted by phone in July 2017 about another case couldn’t understand what Bell was alleging so offered to go to Bell’s home to talk. The court records say Bell agreed and said he’d put his handgun in a bedroom. After learning Bell had twice been convicted and served jail time for contributing to the delinquency of a minor, the officer cited Bell for violating the ordinance.

Bell was convicted in county court and fined $250, and his gun was taken away.

He appealed, saying in part that the city ordinance was unconstitutional because it took away his gun rights for misdemeanor crimes that didn’t include violence.

His attorney, Nathan Sohriakoff, said Wednesday that the ordinance lists contributing to the delinquency of a minor among upward of 30 offenses that make it for illegal someone convicted of any to possess a firearm.

McManaman said in his ruling that courts already have ruled that many of the crimes the city lists — domestic assault, for example — are sufficient grounds to bar someone from owning firearms. But he also said that other, lesser crimes require prosecutors to provide supporting evidence to show that those violators should lose their gun rights.

Prosecutors didn’t do so in Bell’s case, the judge said.

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