A bill allowing Nebraskans to carry concealed weapons without a permit or safety training got farther than ever before in the Legislature on Tuesday.
Lawmakers advanced LB77 to within one round of passage. The 31-10 vote came after 33 lawmakers backed a motion to end a second-round filibuster.
“It feels good,†said Sen. Tom Brewer of Gordon, the bill’s sponsor.
The bill would allow Nebraskans 21 and older to carry concealed weapons without a permit. The bill would apply statewide and invalidate any local ordinances limiting that ability.
Measures such as LB77 are sometimes called “constitutional carry†in reference to some gun rights advocates’ belief that the Second Amendment of the U.S. Constitution gives people the right to carry concealed guns without a permit.
Currently in Nebraska, getting a concealed-carry permit requires passing a criminal background check, paying a $100 fee and taking an eight- to 16-hour gun safety class.
LB77 would allow people to continue getting permits if they wanted. It would not change who is allowed to purchase firearms in Nebraska nor would it change where people are allowed to carry concealed weapons.
Brewer has worked to get a similar bill passed since he took office in 2017. Last year, a similar measure died at the second of three rounds of debate after falling two votes short on a filibuster-ending cloture motion.
This year, bolstered by a more conservative group of senators, the bill has advanced.
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An amendment negotiated early in the session between Brewer and some law enforcement groups helped smooth the way for the proposal. It brought the Nebraska Sheriffs’ Association on as a supporter and changed the position of Omaha and Lincoln police unions and the Police Chiefs Association of Nebraska to neutral.
However, Omaha Police Chief Todd Schmaderer and Lincoln Police Chief Teresa Ewins remained opposed to LB77.
Under the amendment, people could get an added misdemeanor charge if they carried a firearm while committing certain “dangerous misdemeanors,†including domestic assault, shoplifting or stalking. It would also be a felony upon the third offense of an individual failing to notify a law enforcement official that they are carrying a weapon.
Opponents, led by Sen. Jane Raybould of Lincoln, argued that LB77 would make the jobs of law enforcement officers harder and put their lives at more risk. She cited numerous studies showing that gun violence incidents, including suicide, road rage shootings and shootings of law enforcement, increase in states with permitless concealed carry laws. She also pointed to the school shooting in Nashville, Tennessee, on Monday.
“It’s indescribable the tragedy and the loss these families are going to be experiencing,†she said.
Sen. George Dungan of Lincoln raised concerns that the amendment made the bill worse because it would create new crimes under which people could be imprisoned. He also said cities needed local control to respond to the situations in their communities.
Omaha Sen. John Cavanaugh offered what he called a compromise amendment, which would provide concealed carry permits at no cost to Nebraskans. He said it would address a key complaint made about the current system while still requiring training for all permit holders.
But supporters said the issue concerned the right to bear arms under the federal and state constitutions. They said the cost of permits was only one of the problems that LB77 sought to address. Brewer said he didn’t agree with the studies Raybould cited and argued that the actions of criminals should not determine what law-abiding citizens can do.
“There were a lot of folks that predicted doom and gloom when concealed carry was started,†he said. “None of that came true. It is not the concealed carry permit holders who are going around and shooting our schools and getting in gun fights.â€
Sen. Terrell McKinney of Omaha argued for the bill as a way — in the absence of police reform — to reduce what he called law enforcement targeting of people in North and South Omaha. (tncms-asset)5a673395-15ec-5aee-9ceb-88d7eaf838cc[1](/tncms-asset)
Photos: The business of governing in Nebraska in 2023