Inside Dope on Nebraska’s Constitutional Carry Bill, LB773

Nebraska-Gun-Control-Allexxandar-iStock-884210054
Inside Dope on Nebraska’s Constitutional Carry Bill, LB773 iStock-884210054

U.S.A.-(AmmoLand.com)-– Due to the energetic efforts of Nebraska State Senator Tom Brewer, Nebraska is getting close to passing LB 773, the Nebraska Constitutional Carry bill in 2022.

LB 773 has already been pulled (forced out by a vote of the Senate) from the committee, and passed the General File cloture vote with 33 votes, and three more that switched their votes when they saw it was going to pass.

It was a very close thing. In the Nebraska unicameral legislature, each bill has to pass through three votes which may be filibustered. The three votes are in the General File (done), the Select File (pending) and the Final vote (after the Select File).

This correspondent recently talked with Richard Clark, a member of Tom Brewer’s staff.

In order to obtain the votes to make it through the Select File closure vote, Senator Brewer has offered up an amendment, AM 2106, to cater to the Omaha Police Officer’s Association. The amendment allows Omaha to require registration of handguns to be carried in Omaha, for those who do not have a permit recognized by Nebraska law. Nebraska currently recognizes permits from about 35 states, for people who are 21 years old or older. The amendment requires Omaha to register a handgun from any applicant who is not prohibited from owning a firearm under Nebraska or Federal law. Current law in the city of Omaha is very restrictive. LB 773 and Amendment AM 2106 eliminate about 90 percent of those restrictions, but allows the much truncated registration restrictions to continue.

The bill allows a person to be prosecuted for carrying a concealed weapon, if they do so during while committing 70 listed crimes. There are about 1200 listed crimes in the Nebraska statutes.

LB 773 eliminates all of the local restrictions in the Lincoln, Nebraska, the state capitol. Lincoln has a scheme of regulation similar to Omaha’s.  Lincoln is reputed to be the most anti-Second Amendment place in the state. Lincoln has at least a dozen additional categories of prohibited person. Those would be eliminated.

The Speaker of Nebraska’s unicameral Senate is Mike Hilgers. He is strongly in favor of LB 773. In 2015 and 2017, Speaker Hilgers pushed for statewide preemption. Both votes failed by 1 vote. Most of his preemption bill is in LB 773.

The Legislature is in its last days of the session. They are dealing with budget matters this week (March 21-25) and will probably deal with LB 773 on the 30th or 31sth of March, 2022. If the bill does not pass, the Speaker wants the votes so Nebraska state Senators can be held accountable.

Speaker Mike Hilgers is running for Attorney General of Nebraska this year.

One Senator, Justin Wayne, hates the Omaha amendment as does the NRA. He hates the currently restrictive Omaha regulation and registration system.  Senator Wayne, a Democrat, was a supporter of the bill, LB 773. Senator Wayne represents an Omaha District. With the amendment, Senator Wayne withdrew his support. This makes obtaining the 33 votes necessary to pass the bill more difficult.

Nebraska Governor Ricketts has said he would sign a Constitutional Carry bill.

Nebraska has a reasonably good chance of passing Constitutional Carry, for all of the state, except Omaha, this year. In the process of doing so, statewide preemption will be put into effect, except for the much reduced registration requirement in Omaha.

The bill would restore a lot of ground for Second Amendment supporters, without giving up anything.


About Dean Weingarten:

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

Dean Weingarten

29 Comments
Most Voted
Newest Oldest
Inline Feedbacks
View all comments
Jon Anderson

Thank you for this article!!! For the record, Omaha ALREADY requires registration of all handguns possessed inside city limits UNLESS the possessor has a Concealed Handgun Permit (CHP holders are exempt from registration. This has been the norm for YEARS. While AM2106 DOES leave the registration intact, it neuters the city’s ability to deny registration to anyone except prohibited persons as defined by state law (as amended earlier in LB773) and federal law, which will match with the passage of LB773. That means that unless you’re FEDERALLY prohibited from possessing a handgun (felon, illegal drug user, ect. You know the… Read more »

Russn8r

“CHP holders are exempt from registration”

No, they’re not. A concealed carry permit *is* registration! Extensive registration.

Ron V

No, actually its not. There is a huge difference between registering a firearm and applying for a CHP. Even in Omaha. My CHP prevents me from having to register a firearm for Omaha, whereas the average citizen has to fill out the forms, take them to the main Omaha police station, wait for them to process the request (if they are doing registrations that day), wait at least 30-45 minutes, and then get a little slip of paper that says your good to go. The one time I went through it was pretty onerous, the typewriter that they use to… Read more »

Russn8r

Nope. You miss the bigger pic, focused on style over substance.

Style: Shall issue is not called “registration”, and you’re “exempt” from “registration”.

Substance: If you have a permit, they know you’re a gun owner. Not only are you on a LIST OF GUN OWNERS, aka GUN OWNER REGISTRATION, generally your background check on file with the government will be more complete than a NICS check, and you will have to keep the government apprised of your residence etc.

Carry Permits are gun owner registration.

Finnky

So this would be a shift from horrifyingly awful tyranny to just plain ordinary every-day tyranny?
Sounds like an improvement, but also a dollar short and a day late.

Wild Bill

If that is the norm in Omaha, then Omaha has very poor norms.

PMinFl

You have to register handguns in Omaha?

eGhost57

So if Nebraska passes this with the amendment, you can get arrested for driving through Omaha without a permit even though a permit wouldn’t be required? What sort of nonsense is this.

JR

Thank you Mr. Weingarten, I’m happy I could join NFOA and contribute some cunas to their cause after reading your reportings.

Russn8r

Thank God Marion Hammer doesn’t live in Nebraska or it would never happen. She’d be giving “A” grades to her pals for blocking it, as she does in Florida.

Last edited 10 months ago by Russn8r
Russn8r

$100 says NRA subversion & kowtowing to “LEO” whims is responsible for the Omaha registration.
https://www.thetruthaboutguns.com/nra-and-unified-sportsmen-of-florida-endorse-betrayer-wilton-simpson-author-of-parkland-gun-control-bill/

gunnerdd517

years ago, the NRA was a great organization.(in 60`s). i joined, then when i saw them backing anti-gun candidates,&laws, I dropped out. They kept sending me mail until I finally threatened them w/a ‘postal stop order’.
.

JSNMGC

Dean, Thanks for doing the work and having the courage to post the information: “Senator Brewer has offered up an amendment, AM 2106, to cater to the Omaha Police Officer’s Association. The amendment allows Omaha to require registration of handguns to be carried in Omaha, for those who do not have a permit recognized by Nebraska law.” [Emphasis added.] Are you aware of any organized group of law enforcement officers in Nebraska who testified to the legislature in favor of permitless carry? Anthony Conner, Aaron Pennington, Justin Smith, and Patrick Dempsey, don’t be surprised if you lose the support of… Read more »

JSNMGC

“You never know what everybody’s concerns are exactly you surmise, and you do community relation work to see what everybody’s concerns over. This is your chance to hear them firsthand,” said Chief Todd Schmaderer.

https://www.ketv.com/article/omaha-law-enforcement-leaders-connect-north-omaha-community-townhall-disscussion/39508480#

You want feedback, Todd? “Civilians” don’t like you and your gang lobbying for registration of firearms.

JR

For the love of Elmer Keith, why are there downvotes on this particular post, people? Did JSNMGC do something so egregiously bad that his postings automatically rate a stinky thumb? The frickin’ quote is in the article!
Some Ammoland commenters are fun, like a telenovela character, but the back and forth shows sometimes how unproductive the 2A community can be. Anyway, upvoted to a -12 rating, and from now I’m just going to watch real telenovelas (good for language retention and usage!), post my comments here, and move on to the next article.

Wild Bill

Yes, he has insulted, brow beat, and chased away many. The chickens come home to roost.

JSNMGC

Wild Bill, Your insults have been far worse than anything I have written. You have lied and asserted wild, weird, and untrue things about me and then demand I prove they are not true. Not only have you written far worse insults, but you have said nothing about insults made by your buddies that were even worse than yours. I have brow beat no one. People are not as delicate as you believe them to be.  I have chased no one away. I am pro 2nd Amendment and believe government should be smaller, better, less intrusive, and less expensive. I believe there should… Read more »

Oldman

“There are some posters who unconditionally support people who enforce never-ending gun control. I disagree with those people.”

Is that an inference or just your opinion? If your opinion, you should name those persons by their handle, so to produce some support for that statement, cuz I don’t see it.

JSNMGC

Massive, immediate downvotes when information is provided that shows a certain percentage of enforcers lobbying for yet more never-ending gun control or lobbying against pro firearm rights legislation.

Down votes when people push back on the Nuremburg defense.

Down votes when people push back on ex-enforcers who say they would enforce laws requiring registration of semi-automatic firearms if they were still in the business.

These types of issues are where the down votes started – not “insults.” You know you have flung far, far, worse “insults” than I have.

Last edited 10 months ago by JSNMGC
Russn8r

Don’t be coy. You pretend not to see stalk-troll-downvoting by an LEO sock puppet posse. You do some of the worst thug-posts here, trying to cancel people to cancel their POV e.g. below. It’s childish & disruptive, destroying the decorum of Ammoland.

Oldman

Decorum? Now that is the funniest thing you’ve said since you were Superman, Supe!

Russn8r

Yep. Decorum. I was never “Superman”, whoever that was. You’re creating a poisonous atmosphere with your stalk-troll thug attacks.

Wild Bill

As I recall, it was he that brokered a truce, which you could not keep up. I think he is the peacemaker, here. You, … well … your comments are a beacon.

Russn8r

Weak. I offered a truce, you broke it immediately and continued stalking me non-stop.

Wild Bill

Not I. You were in a death grip argument with another at that time. Poor memory, huh.

eGhost57

I don’t know you guys or your history here, but I do know you all sound like a bunch of babies with too much time on your hands. Go to the range or to your gardens and get off the internet before you ruin it for everyone.

Oldman

Again…..you have never denied who you once were, before, and I have been calling you out on that for over a year….

Wild Bill

He is a nobody. He dares not talk this way in the real world because even children would out think, out debate, and out eloqute him.

Stag

A lot of people don’t like the truth.