A Johnson man, Ricky Whittlesey, 69, has lost his appeal challenging the protection orders issued by a Nemaha County judge that prohibit him from possessing firearms. Whittlesey argued that the orders violated his Second Amendment rights. The protection orders stemmed from a March 2, 2024, incident in which Whittlesey pointed a gun at a woman and prevented her and her mother from leaving. Whittlesey claimed self-defense, citing an earlier assault that day, but the judge rejected his argument and determined that his actions posed a credible threat.
The protection orders bar Whittlesey from contacting the two women and from owning or possessing firearms until March 9. In addition to the orders, Whittlesey faced criminal charges for the incident and was sentenced last month to 18 months of probation on four misdemeanor counts.
On Tuesday, the Nebraska Court of Appeals upheld the protection orders, stating that the evidence supported the judge’s finding that Whittlesey’s use of force was unnecessary and unjustified. Whittlesey’s attorney, Bob Creager, argued that the firearm restriction was unreasonable and violated Whittlesey’s Second Amendment rights, requesting that the appellate court modify the orders. However, Chief Court of Appeals Judge Francie Riedmann noted that Whittlesey had failed to properly raise the constitutional claim during the appeal process.
The court pointed out that Nebraska law allows judges to include firearm restrictions in protection orders. By challenging this provision, Whittlesey effectively questioned the law’s constitutionality. However, he failed to serve the required notice to the Nebraska Supreme Court clerk and the Attorney General, as mandated by law. As a result, the appellate court affirmed the protection orders, declining to address the constitutional argument.
Comments