By Dave Workman
Editor-in-Chief
Nebraska Second Amendment activists are looking for a victory this Spring if the unicameral legislature can pass a permitless carry bill, which the president of the state’s biggest gun rights group told TGM has been a long time in progress.
Legislative Bill 77 has already passed its first hurdle, an eight-hour “General File” session stretched out over three days. On a vote of 36-12, the 30-page bill moved on against some robust opposition from officials from Lincoln and Omaha. Sponsored by state Sen. Tom Brewer, LB77 survived a filibuster and now moves to a second hearing, called the “Select File,” which will span four hours of floor debate, according to Patricia Harrold, president of the Nebraska Firearms Owners Association (NFOA).
According to the Omaha World-Herald, one main point of contention from opponents is that under the current law, which allows concealed carry by permit, in order to get the permit the applicant must complete a firearms training course. The permit fee is $100 and the training could cost that much or more, depending upon what the instructor charges.
But the Lincoln Journal Star reported Brewer assured his colleagues that firearms instructors “are preparing to offer gun safety training at no cost to gun owners throughout the state as a replacement for the current requirement which is accompanied by a fee.” That was confirmed by Harrold, who said last year, NFOA “built a coalition of instructors” and identified some training facilities where safety training will be offered for free.
The legislation, if passed, does include a preemption clause. The World Herald quoted Omaha City Council President Pete Festersen objecting because LB 77 would require the city to repeal some of its gun control laws, which he claimed have helped reduce gun-related violent crime. However, Harrold suggested there is no way to confirm this assertion.
Also, as the Nebraska Examiner reported, gun buyers still have to pass a background check, and they will also get a background check if they apply for a permit. Many citizens in so-called “constitutional carry” states still obtain licenses and permits so they can travel to other states that honor their home state licenses under reciprocity agreements.
Nebraska’s permit is honored by most states, with only about 14 exceptions, according to handgunlaw.us.
While LB 77 doesn’t quite meet the definition of what is considered a “pure” constitutional carry bill, it doesn’t have to. In other states that have adopted constitutional carry, the laws cover both unlicensed concealed and open carry. Nebraska is already an open carry state, with some exceptions where open carry isn’t allowed.
If Nebraska passes LB77, Gov. Jim Pillen will sign it, Harrold said.
