Legislature Debates Allowing Concealed Guns Without a Permit

The Nebraska Legislature engaged in a day-long debate Thursday about a bill that would drop the permit requirement for carrying a concealed weapon. And while some senators talked about a compromise, others were trying to talk the bill to death.

Current Nebraska law requires people who want to carry a concealed gun to get a permit first. You don’t need a permit to carry a gun openly. But Sen. Tom Brewer says that can cause problems.

“If you open carry, that makes people uncomfortable. And yeah, it’s your right. It’s in Nebraska law. But you also put yourself at risk that someone bigger and stronger may decide to take that from you. They know you have it because it’s openly carried. Concealed carry gives you the ability to protect yourself and your family and do that in a way that no one else feels threatened. And again, this is a right, not a privilege,” Brewer said.

Brewer had earlier said he wanted supporters of his bill to pack the balconies and Rotunda of the Capitol to show their support. That didn’t happen. Some supporters were there. But Brewer said some had wanted to show up armed, so he asked them to stay away because he didn’t want that to affect the debate.

Sen. Megan Hunt opposed Brewer’s bill, citing the risks of expanding access to guns.

“The Second Amendment absolutist view that’s shared by some people in this body has led to a public health crisis in this country. Gun violence is a scourge on our society and it is a public health crisis in this state and in this country. When we can’t shop or go to school…worship or learn without the threat of a mass shooting, then that affects every one of us in this country,” Hunt said.

Sen. Julie Slama, supporting the bill, contrasted current training requirement for getting a concealed carry permit to the words of the Second Amendment.

“’A well-regulated militia being necessary of a free state, the right of the people to keep and bear arms shall not be infringed.’ Those last words ‘the right of the people to keep and bear arms shall not be infringed’ – did I miss somewhere when I was reading the Second Amendment – it’s very short – the part where we’re required to pay $200 and take a class to exercise those rights?” Slama asked.

Sen. Adam Morfeld said constitutional rights are not absolute.

“I remain a strong Second Amendment supporter that like a lot –all -- of our constitutional rights, there can be restrictions on them. There’s even reasonable restrictions on free speech. You can’t go into a crowded theater and yell ‘Fire!’ That’s not a constitutional right,” Morfeld said.

Sen. Patty Pansing Brooks said she supports the Second Amendment, but people should get training before carrying a concealed gun.

“I bet we would all agree on that fact that we need training for people. Why doesn’t the state pay for that? It’s a constitutional right. Let’s pay for the training. if the training’s the issue, let’s by gosh get people the training they need. I think that’s the way to solve this. I’ll support this if we get training and if we get people able to get the work that they need and the training…that’s my sticking point,” Pansing Brooks said.

Sen. Suzanne Geist said she was working on a possible amendment to address concerns about the need for training.

“It would be free. It would be online or in person. And you could print out a certificate right there after you finished the course, carry it with you. I just think that could be a good compromise,” Geist said.

As debate continued, Slama suggested some senators were being disingenuous in raising questions about the bill.

“I’m wholeheartedly on board. Again, if you’re interested in compromising, please come to the table. Because what I’m seeing right now is a lot of people not in good faith getting on the mic and filibustering a bill,” she said.

Sen. Machaela Cavanaugh said that was not what she was doing.

“I just want to be clear. I oppose LB773. I don’t want to work on it. I think that our gun laws right now are satisfactory. This seeks to solve a problem that I don’t believe exists, and so I am filibustering it,” Cavanaugh said.

Filibustering refers to talking against a bill to try and prevent a vote. It takes a cloture vote by 2/3 of the Legislature to stop it. Under current legislative practice, there has to be eight hours of debate the first time a bill is considered before cloture can be attempted. That leaves about two hours of debate Friday before a vote can take place.