OMAHA (KPTM)- A former police chief will go to court after all, after prosecutors say he illegally loaned a gun to Gretna's former city administrator.
John Stacey said the law he was being charged with was unconstitutional, but a Sarpy County Judge ruled that it was.
Despite all of his lawyer's arguments, former Bellevue Police Chief, John Stacey, will have another day in court.
"John is not guilty," said his lawyer, James Martin Davis.
Davis said Tuesday, Stacey is not guilty of loaning a gun to former Gretna city administrator, Colleen Lawry.
"We think this is a specious prosecution," argued Davis.
Misleading charges or not, the Sarpy County Court ruled the Nebraska law used to charge Stacey is constitutional. "There wasn't any reason in the world why he wouldn't make sure she had a certificate," said Davis.
The Nebraska Law states, any person desiring to "purchase, lease, rent or receive a handgun" must apply to the "chief of police." (Neb. Rev Stat 69-2404).
"If not me, I bet they could have picked any law enforcement officer in this state because they've all loaned guns," said Stacey.
Loan or not, the decision won't be in the hands of a judge anymore, but a jury later this year.
If guilty, Stacey faces a one thousand dollar fine or up to one year in jail.