Senators calling for more Capitol security gathered Monday afternoon to hear testimony on LB1237. The proposed bill would prohibit guns – and other weapons like knives, brass knuckles and tasers – from being brought into the State Capitol.
The Executive Board, chaired by Sen. Ben Hansen of Blair, introduced the bill.
“LB1237 is a common-sense measure to protect everyone who works in or visits our Capitol while respecting the rights of law by qualifying citizens, but focuses on session inside this specific public building,” Hansen said.
Hansen cited an increase in threats and violence against elected officials across the country and Nebraska’s Legislature.
“We have seen an increasingly large disregard from the people in the Capitol for the rules that we put forth -- whether it’s throwing stuff at us from the balconies, whether it’s mobs in the rotunda – and the amount of death threats that we have seen over the course of time.”
Hansen said he has personally received death threats, and many other senators had faced threats as well.
“Currently, there is nothing stopping somebody from walking into this building carrying a firearm, going right into a senator’s office and causing harm,” Hansen said. “I believe there should be some kind of reasonable measure to make sure that does not happen.”
“Hazardous materials” such as explosives, incendiaries, spray paint and pepper spray would also be prohibited. Law enforcement carrying out official duties, off-duty officers legally carrying a concealed weapon and those with prior approval from the Nebraska State Patrol would be exempt.
Violations would result in a Class III misdemeanor citation. The Nebraska State Patrol would be required to implement new security procedures by Jan.1.
Hansen said the Legislature should rely on the State Patrol to choose the appropriate security measures.
“This could mean the implementation of metal detectors, specific entrances, or an entrance. We need to make sure that we’re treating everybody who walks in the building the same,” Hansen said.
Currently, all members of the public can enter the Nebraska State Capitol without being subject to routine screening.
However, the State Capitol implemented stronger security measures this year. Metal detectors can be set up in front of hearing rooms at the request of committee chairs, and extra Capitol security officers can conduct a screening process. There was no metal detector outside the hearing room for LB1237.
Many opponents of LB1237 agreed with the call for greater security at the Capitol but were concerned the bill’s implementation would violate the Second Amendment rights of Nebraskans or leave visitors unprotected. Some called the bill hypocritical considering the passage of Nebraska’s permitless concealed carry law in 2023.
Patricia Harrold represents the Nebraska Firearm Owners Association and Women for Gun Rights in Nebraska. She said there are other ways to increase Capitol security.
“I ask you to work with us to make this piece of legislation make sense for both you, your staff and the citizens of Nebraska so that it’s physically sound, constitutional and equally applied,” Harrold said.
She said she also opposed the bill as a woman, saying she would be unable to defend herself against a larger person attempting to attack her.
“The first day I came to the State Capitol to represent the gun-owning community, a large man came up to me and said, ‘There is blood on your hands,’” Harrold said. “I had not yet spoken, but that day reminded me that I take a risk every day I come to do the job of being a civic-minded person."
Former state Sen. Tom Brewer also testified against the bill, though he said he understands senators have a responsibility to protect themselves and their staff.
“I believe it’s wrong to force people to choose between being able to defend themselves and being able to be a part of this legislative process here,” Brewer said. “And you guys all remember some of the more controversial bills where it was a little nerve wracking at what was going to happen after a vote.”
Brewer said he believes LB1237 would be costly to implement, and arming Capitol security would be a better step than banning all weapons. He also worries for the safety of visitors who must park far away before entering the Capitol.
“For a lot of those who come to testify, as you end up parking a good distance away,” Brewer said. “But this bill would say that visitors are committing a crime unless they totally disarm before getting out of their cars to walk.”
Jessie McGrath, a Lincoln resident, National Guard veteran and “lifetime NRA member,” testified in support of the bill. As a former prosecutor for the Los Angeles County District Attorney’s Office, McGrath said she noticed most government buildings do not allow guns. She said a Ninth Circuit court decision upheld the rights of “sensitive places” like schools and government buildings to prohibit firearms.
“I think this is one of the places where you can outlaw firearms, and frankly, I think this is one of the places where it should be,” McGrath said. “Now, that puts me in a little detriment, because if I’m here and late -- sometimes testifying. I have to walk four blocks away out there where somebody could be targeting me. I would be unarmed, but I’m willing to take that risk for the safety of the rest of the public in this state.”
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