The Omaha morning bee. [volume] (Omaha [Neb.]) 1922-1927, 1924-02-25
Gun Toling
on Increase
Police Say
Laws Pertaining to Carrying
of Concealed Weapons In
adequate to Punish Of
tenders, Judges Assert.
Fines Only Punishment


dreds Of persons in Omaha carry
revolvers regularly, district and mu-
p.cipal judges declare that state and
city laws pertaining to the carrying
of concealed weapons are inadequate
to Justly punish even the small por-
tion of offenders placed on trial be-
fore them.
An epidemic Of gun toting appea<.
to have seized the entire country. At
tention hasbeen called forcibly to the
fact by the recent staying Of Judge
w NJ. Morning at Lincoln in his own
court room.
Judges have different views Of the
situation, different suggestions for
checking "gat packing" different
reasons why present offenders are
not punished adequately.
"There is quite bit Of gun toting
going on admitted District Judge
L. 3. Day. But 1t Is not all by
criminals. Carrying gun always ap-
peals to young men,"
He declared that he had never
heard of a conviction in disKict court
for merely carrying a weapon. Hav-
ing a revolver concealed on the per-
son is a felony, according to law. The
penalty is a sentence of from one to
three years or fine, not to exceed
$4,000
Bad Side OF Restriction.
" would advocate some measure
along the line Of restricting the sale
of firearms, but any man can get a
gun IL he really wants IT. Such a
step might place citizens at the
mercy of the criminal element. A
thief hesitates before entering a
house where a man might be armed
If he knew that there was no weapon
In the place, there would be nothing
to prevent robbery.
only a coward totes a gun" said
Municipal Judge Robert Patrick. A
,1.sal man relies upon his physical
powers to protect himself"
Judge Wappich. was cynical cons
cei.hing the efficiency OF any law ir
checking the carrying Of firearms.
IT'S a matter OF education" he
opined. Severe punishment is the
only method ! can think of that
would fetard such practices. stricter
laws would have noeffeet. I sem
tenee drunks every day IN spite Of
the fact that there is a national pro-
hibition law.
Police Discouraged.
Patrolmen and detectives know
that guns are being carried all over
the city. They admit that they can
go out and bring in offenders with.
out much difficulty. But they are
discouraged.
when we get a man up in court,
he gets off with a little fine. II we
have him bound over to district
court. he often is dismissed"
Police have reached the point where
II a man has not threatened or as
saulted an individual with a gun,
they do not attempt TO obtain proseeu.
tion for any violation other than the
city ordinance which carries a maxi.
mum penalty OF 30 days in jail or a
500 fine.
Judge James FITZGERALD sought to
explain why convictions are not re.
turned against gun toters in district
court.
IT'S the judy; It won't hand a man
a year I'm the penitentlary for the
mere carrying Of pistol under the
clothing. In my experience, l can
not remember single case where
I Jury has convicted a man unless 1t
Was proved he was doing something
else besides just carrying the weapon.
THAT is why the city ordinance
was drawn UP. 1t Is to put a little
dam In the way OF torrent which
the flood gates Of the district courts
refuse to close upon"
Registration Urged.
District Judge Alex Troup could
recommend only rigid enforcement of
the present laws or the compulsion of
registration when buying a gun.
"Still that would be aiding only tho
apprehension of a murderer after the
staying had been committed" the
fudge admitted.
Municipal Judge William Wappich
also favored registration of the buy
ers name and the full description of
the weapon when firearm was sold
II bind over to district court all
the gun toters brought before me-
he said. 1T doesn't do any good
though. I know of one man whom
bound over on a $500 bond after 1t
was charged that he had come to
town expressly to kill a man. He
finally paid so fine in district court
on appeal"