Legislature Passes “Constitutional Carry”

By Gordon HopkinsThus far, the Nebraska Legislature has managed to pass only two bills this session, but one of those bills is also one of the most controversial. LB (Legislative Bill) 77, dubbed by supporters as “Constitutional Carry,” provides for carrying of concealed handguns without a permit, change provisions relating to concealed weapons, and prohibit certain regulation of weapons by cities, villages, and counties.The bill passed with a 33 to 14 vote.LB 77 does not eliminate federal requirements for a background check to buy a gun or barring those with a history of crime or mental health issues from possessing a gun. However, the bill will prohibit most stricter gun laws in cities, villages and counties.Governor Jim Pillen has stated his intention to sign the bill, “I am proud to support LB 77 and Nebraskans' constitutional rights. Thank you to the Nebraska Legislature for sending this bill to my desk.”NRAThe National Rifle Association (NRA) issued a statement shortly after passage.“'With Gov. Pillen’s signature, Nebraska becomes the 27th state in America that protects the right of Americans to carry a firearm outside of their home without first asking the government for additional permission and paying additional fees,' said Travis Couture-Lovelady, Nebraska state director for the NRA. 'State-by-state, NRA is working to eliminate overly burdensome carry requirements that have put restrictions on law-abiding Americans for far too long. Nebraska is the latest state to recognize law-abiding citizens are not the problem — criminals are.'”“Constitutional carry protects Americans’ right to carry a firearm for self-defense by eliminating the requirement that law-abiding gun owners obtain a permit to carry. The law does not affect previously issued permits, and does not eliminate the permitting system. Those who wish to obtain a permit to carry in states that recognize Nebraska permits still can. In addition, this bill does not change who is permitted to obtain a firearm. Felons and other disqualified persons can still be punished under federal, state and local statutes for unlawful possession of a firearm.“LB 77 also strengthens preemption, giving the state legislature sole authority to regulate firearms. This prevents Nebraska counties and municipalities from having a patchwork of confusing and conflicting local laws throughout the state.“This is a movement that’s sweeping the nation and the NRA is proud to be the leader behind it. Anti-gun lawmakers must recognize that law-abiding people should be able to defend themselves wherever they are — after all, self-defense situations can happen anywhere and without warning. Nebraskans will soon live in a state that further respects their freedom.”NAGVNebraskans Against Gun Violence (NAGV) is opposed to the bill and also released a statement, “On Wednesday morning, the Nebraska legislature wiped out all city firearm ordinances across the state with the passage of LB77.”The statement said, “NAGV believes that the events in the Unicameral today convey an alarming disdain for the health and rights of the Nebraska public. The US has averaged more than one mass shooting per day in 2023, many of which have included child victims. Gun violence has become the number one killer of U.S. children. Our children are scared of gun violence, for good reason, yet the Legislature revoked all municipal gun ordinances and passed permitless concealed carry today as teenagers and elementary schoolers watched helplessly from the balcony. Then the same Unicameral that allows heavily armed men to roam its halls then banned and barred a gun control activist for a speech act.”Present in the Legislature when the vote took place was Melody Vaccaro, executive director of NAGV. Upon conclusion of the vote, Vaccaro stood up and shouted “shame” from the balcony.According to NAGV, “She cooperated with the request to leave the balcony, and was then issued a written order by the Nebraska State Patrol that permanently bans her from the Unicameral. NAGV fully supports her act of civil disobedience and her right to political speech.”NAGV said, “Unlike a criminal citation for civil disobedience, the lifetime ban was imposed unilaterally and without recourse for appeal. The duration and terms of the ban are arbitrary. The ban punishes Vaccaro’s protest with a permanent infringement upon her rights to assemble, to speak, and to petition her government.”

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