Sen. Tom Brewer acted on a promise made during the 2022 session to once again bring a so-called “constitutional carry†bill to the Legislature this year.
The Gordon senator’s bill (LB77), which was among 91 pieces of legislation introduced on Thursday, would allow Nebraskans to carry concealed weapons without a permit or required safety training.
Brewer said he will prioritize the bill this year, meaning it will likely be scheduled for a hearing soon before the Judiciary Committee, and likely get moved out onto the floor early in the 90-day session.
And with 25 co-sponsors, many of whom voiced their support for Brewer’s previous attempt (LB773 introduced in 2022) in their campaigns for the Legislature, he sees it passing this year.
“That’s a pretty good place to be when you drop a bill,†Brewer said in an interview on Thursday.
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Last year’s version of the bill was not advanced out of the Judiciary Committee, but Brewer used a pull motion to get it onto the floor for debate.
LB773 was advanced after an eight-hour filibuster in the first round of debate, but fell two votes short of shutting off debate in the second round, and died on the floor, leading Brewer to pledge he would bring it back again this year.
This year’s version of the bill does not include any of the amendments attached to the bill last year at the urging of police officers from Lincoln and Omaha, who said allowing Nebraskans to carry concealed weapons without a permit would make their jobs harder.
Brewer said his previous attempt tried to “thread the needle†in order to be more palatable to supporters and opponents alike, and in the end, wasn’t what anyone wanted.
“It ended up being a bridge too far,†he said. “It was just impossible.â€
LB77 removes the amendment language added last year to allow Omaha to require a registration of all handguns other than those owned by people who already have a concealed carry permit.
It also removed a provision that would make carrying a concealed handgun during the commission of a crime an enhancement penalty that could be considered in a court, so an individual who commits a minor violation couldn’t be charged with a stiffer crime.
Brewer said he anticipates the same opponents — both police unions as well as individuals and senators in favor of greater restrictions on who can own a gun — but said he plans to push forward regardless.
Lincoln Sen. Suzanne Geist, who did not vote to shut off debate on LB773 late in the 2022 session, citing the concerns brought by law enforcement, was not among the sponsors this year. She is running for Lincoln mayor in the spring primary.
Brewer said he is confident the bill, if passed into law, would not jeopardize officers’ safety.
“If Missouri and Kansas and Iowa and everybody else can have constitutional carry and the St. Louis Police Department and the Kansas City Police Department get along fine with it,†he said, “what makes (Nebraska law enforcement) so unable to deal with the very same law?â€
Other bills introduced Thursday — the first of 10 days in which senators will introduce legislation — include:
OFF-DUTY COPS: Lincoln Sen. George Dungan sponsored a bill (LB17) allowing full-time, off-duty law enforcement officers to possess firearms on school property.
FELON VOTES: Omaha Sen. Justin Wayne once again sponsored a bill (LB20) that would allow convicted felons to vote after they complete their sentence. Currently, those individuals must wait two years to vote.
MARIJUANA: Wayne also brought a bill (LB22) decrminalizing marijuana.
TRAIN CREWS: Sen. Mike Jacobson of North Platte introduced a bill (LB31) requiring trains or light engines to be crewed by at least two people. Failure to do so could result in a fine of up to $1,000 on first offense, $5,000 on second offense and $10,000 on third offense.
MALCOLM X: May 19 of each year would be known as El-Hajj Malik El-Shabazz, Malcolm X Day under a bill (LB53) sponsored by Omaha Sen. Terrell McKinney. Malcolm X, a civil rights leader from Omaha, was recently inducted into the Nebraska Hall of Fame.
CRIMINAL JUSTICE: Geist introduced a bill (LB50) that includes several criminal justice reform provisions debated in the 2022 session, including a measure that allows probation officers to bring on assistants to help high-risk probationers. The bill also allows district courts to create more problem-solving courts, creates a pilot program for virtual behavioral health and creates a residential parole program.
DIAPERS: McKinney also brought legislation (LB56) requiring diaper changing stations be made available in both men’s and women’s bathrooms that are open to the public.
DIAPER TAX: Sales and use taxes would not be imposed on the sale, storage or use of diapers under a measure (LB58) introduced by Omaha Sen. John Cavanaugh.
ID CARDS: Omaha Sen. Machaela Cavanaugh sponsored a bill (LB70) waiving the fee for residents of Nebraska over the age of 18 to get a new, duplicate or replacement state identification card in order to vote. Nebraska voters approved a constitutional amendment to require voters show photo identification before casting a ballot.
SCHOOL MATERIAL: School districts would be required to make any learning materials available for inspection by parents under a proposal (LB71) from Sen. Rita Sanders of Bellevue.
SNAP BENEFITS: Individuals convicted of felony drug crimes who complete their sentence or are serving parole, probation, or post-release supervision would be eligible for Supplemental Nutrition Assistance Program under a bill (LB88) from Omaha Sen. Megan Hunt.
MOTORCYCLE HELMETS: Sen. Ben Hansen of Blair, along with 15 others, introduced a bill to allow certified motorcyclists over the age of 21 to ride without wearing a helmet. Riders who do not wear a helmet must wear eye protection.
BICAMERAL: Sen. Steve Erdman of Bayard introduced a constitutional amendment (LR2CA) to change Nebraska’s legislative branch from a unicameral system to a bicameral system.
NONPARTISAN OFFICES: Sen. John Cavanaugh sponsored a constitutional amendment (LR3CA) that would make the elections for governor, lieutenant governor, attorney general, secretary of state, state auditor and state treasurer nonpartisan.
CONSUMPTION TAXES: Erdman also sponsored a pair of amendments that would prohibit government from imposing any taxes except consumption and excise taxes (LR6CA) and to require the state impose those taxes on all new goods and services, except for grocery items (LR7CA).