Handgun Bill Overcomes Filibuster

By Gordon HopkinsA bill to allow concealed carry of a handgun without a permit requirement has cleared its first major hurdle.LB (Legislative Bill) 77, was introduced by Republican Senator Tom Brewer, District 43.“A person in Nebraska should not have to pay money to the government in order to exercise a constitutional right,” Brewer said. “That right is about carrying defensive arms without interference by state or local governments.”According to the bill's statement of intent, “This bill would authorize concealed carry without a permit in Nebraska. Restrictions currently codified within the Concealed and gun Permit Act relating to place and manner of concealed carry would be made to apply generally to any person carrying concealed and not to permit holders only. The crime of carrying a concealed weapon would still exist for minors and for persons who are prohibited from possessing dangerous weapons.”The bill advanced from general file on Friday, March 3 after a successful cloture motion. Senator Machaela Cavanaugh, District 6, had vowed to filibuster every bill this legislative session due to an unrelated bill, LB147, which bans gender-affirming care.The Unicameral rules require 33 votes to overcome a filibuster. There are currently 17 Democratic lawmakers in the Nebraska legislature, enough to successfully filibuster bills if they all vote together. In this instance, four Democrat senators voted for advancing the bill.The bill passed after Senator Brewer added an amendment that would subject an individual to an additional misdemeanor charge for carrying a firearm or destructive device while committing certain misdemeanor crimes, such as harassment, stalking, domestic violence, shoplifting and resisting arrest.The bill advanced with a vote of 36 to 12, with one member present, not voting.One of those who voted for the bill is Republican Senator Tom Brandt, District 32, who told FJN, “If you're a legal gun owner, you do not have to get a permit from the State Patrol. And part of that permitting process is you have to take a gun safety course. So you hear quite a bit that isn't required. Well, that's true. But if you're a legal owner of a handgun in Nebraska, you will be able to follow the same rules as concealed carry.”“In a nutshell, that's what LB77 is. So, if you would pull up a concealed carry permit in Nebraska, those exact same rules apply to constitutional carry,” said Brandt. “Nothing changed, other than you do not have to get the permit from the State Patrol.”Brandt also noted, “And that's only good inside the borders of Nebraska. I cannot constitutionally carry in any other state. And so what the proponents of the bill have seen in the other 21 states that have passed this, is that concealed carry permits go up, because people like carrying a gun and they want to go to Kansas or Iowa or South Dakota, and a lot of those states are reciprocal with Nebraska.”

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