State v. LaChapelle

In its information, filed in the district court for Douglas County, the State charged Roger C. LaChapelle with possession of a short shotgun in violation of Neb. Rev. Stat. § 28-1203(1) (Reissue 1989): “Any person or persons who shall transport or possess any machine gun, short rifle, or short shotgun commits a Class IV felony.” LaChapelle filed a motion to dismiss the information, asserting that § 28-1203(1) was unconstitutional on account of the “Right to Bear Arms” amendment to article I, § 1, of the Nebraska Constitution, which amendment originated by the initiative process, was adopted…