Nebraska Constitutional Carry Passes First Filibuster Hurdle

Nebraska-Gun-Control-Allexxandar-iStock-884210054
Nebraska Constitutional Carry Passes First Filibuster Hurdle iStock-884210054

U.S.A.-(AmmoLand.com)-– Nebraska Constitutional Carry (permitless carry) is advancing in the Nebraska Senate. On  March 11, 2022, the Senate (Nebraska is the only state with a unicameral legislature) voted for Cloture on LB 773. Cloture votes in Nebraska are required after 8 hours of debate in this stage of the legislative process, which is designated a General File.

The General File vote is considered the most difficult hurdle for a bill to overcome on the way to becoming law in Nebraska. The cloture vote needed 33 votes, or two-thirds of the senate, to proceed. There are 49 senators in the Nebraska Senate. From Omaha.com:

Nebraska law allows people to carry visible weapons in the Capitol, as Schroder did, although they cannot be taken into the legislative chamber. Concealed weapons are barred from the building.

Lawmakers adjourned without reaching a vote on LB 773, as opponents mounted a filibuster. A motion to cut off the filibuster is expected Friday morning, after about two more hours of debate. The motion needs 33 votes to succeed.

Senator Tom Brewer has been the moving force behind Constitutional Carry in the Nebraska legislature. It has been a top priority for him for the last six years.

LB 773 received 33 yes votes, then three votes were changed from no to yes, to make it 36 total yes votes.

I spoke to Senator Brewer a couple of years ago. Senator Brewer opined he had the votes to pass Constitutional Carry if he could get the bill to a floor vote. The vote on March 11 showed that Senator Brewer (R – 43)  is able to count votes. It is an important skill for a legislator.

Tony Baker, of Senator Tom Brewer’s office, was willing to spend some time on the telephone and answer questions.

The three senators who changed votes after it was clear LB 733 had passed the General File vote were:

All three senators are reputed to be left of center.  Senators in Nebraska do not have an official party designation. Senators Blood and Day are said to be flavored Democrat, while Senator McCollister is said to be flavored Republican. 32 of the Nebraska senators are said to be flavored Republican.

The Nebraska legislature has a unique filibuster system, which makes it as difficult to enact a bill as in a two-chamber legislature.

First, a bill has to get through the General File, with a limit of 8 hours of debate before a cloture vote. A two-thirds super-majority is required, giving a determined minority of one-third a veto on any legislation.

After the General File vote, a Select File vote is scheduled, with a limit of 4 hours of debate before the cloture vote, which also requires a two-thirds super-majority vote.

Then a Final Reading is scheduled, with a limit of 2 hours of debate before the cloture vote, which also requires a two-thirds super-majority vote to pass.

Effectively, determined opponents of a bill have three different opportunities to find more than one-third of senators, to kill a bill. In Nebraska, this is 17 Senators.

Tony Baker said three groups are necessary to move a bill such as Constitutional Carry through the Nebraska legislature. The three groups are: Senators, the people (thousands called in, emailed, wrote cards), and the legal council. Baker said  Dick Clark, legal counsel to Senator Brewer, is the best Constitutional lawyer in the central USA.

Baker said the thousands of Nebraska citizens who supported the bill were absolutely essential to move the bill this far.

He singled out the Nebraska Firearms Association as being particularly helpful.

The passage of Constitutional Carry bill LB 773 through the General File means final passage is likely, legislative approval will not be complete until the Final Reading vote is taken.

If the bill passes the Senate, it will be sent to the governor for approval. The Governor has five days (not counting Sundays) to sign or veto a bill. If he does nothing, the bill becomes law.

The Senate can override a veto with a three-fifths vote, which in Nebraska, is 30 senators.


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

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JR

Thank you, Mr. Weingarten, good to see NE progress in their fight for their rights.

john

You all had better learn to play nice sounds like it’s hard for some of those here to accept common ground. The bad the ugly are in washington working against the American way of life. We live in a country where we can disagree and not get in imprisoned or shot or whipped to death. I say pony up boys and girls there is real Bad & Ugly coming our way.

JSNMGC

Yes – law enforcement should stop driving wedges.

john

Not all law enforcement personnel are bad that is blanket statement the screams ignorance. Just because a one priest does a wrongful act does not make all those who worship God bad. Lighten up you never know when someone in blue will save your life without question .Yes we all generalize way to much we all understand who and what is in play. Funny those folks in 1992 8 countries of the world the G8 drew up a outline called U.N. Agenda 21 which is now U.N . Agenda 21 -2030 and was under construction last week again. This document… Read more »

JSNMGC

I didn’t indicate that all law enforcement is bad.

My comment was in the context of the lobbying certain NE law enforcement agencies engaged in to defeat permitless carry legislation (see below). It is typical of what other agencies have done in other states.

Law enforcement should stop driving wedges.

I support all good law enforcement.

It would be helpful if good law enforcement organized and became more vocal.

You support bad law enforcement.

john

You should or please show some tolerance for what others present. I very old mentor told me once when I was a young man swim with the flow of the river this makes for a less stressful event. If you go with the flow you might even learn something and smile along the way. He is 95 years old and we still talk and I am still learning from that very smart old gentleman. What’s even more wonderful everyone who works in our company who has had the chance to know him still take a drive to visit and enjoy… Read more »

JSNMGC

Did you find writing that easier than defending bad enforcers*?

*For example:

  • NYPD enforcers who enforce NYC’s concealed carry permit laws and, in the process, ruin or end people’s lives; or
  • Law enforcement agencies that lobby against pro 2nd Amendment legislation or for anti 2nd Amendment legislation.
Russn8r

Take your own medicine, BillJohnWillJesseTEX. Jesus don’t like hypocrites.

Wild Bill

John, long ago after making fool of himself to the entire readership, IT added the “I support good law enforcement” part to avoid being obviously wrong.
He has a deep seated need to appear superior. Instead he is a tar baby.

JSNMGC

“John, long ago after making fool of himself to the entire readership, IT added the “I support good law enforcement” part to avoid being obviously wrong.
He has a deep seated need to appear superior. Instead he is a tar baby.” ~ Wild Bill

You try so hard.

Wild Bill

You are easy to pick apart. Take an English class.

JSNMGC

You try so hard to move the conversation in a different direction when you don’t like the way it’s going. John does the same thing.

I don’t support those NYPD enforcers who enforce NYC’s concealed carry permit laws.

I don’t support enforcers who lobby legislators to vote against pro 2nd Amendment legislation or for anti 2nd Amendment legislation.

You two write about “souls,” “deep seated needs,” “hate,” and other distractions to avoid the reality that a certain percentage of enforcers are bad.

Russn8r

“IT”. How childish for a troll who holds himself out as Mr. Decorum.

swmft

they wont grow up

JSNMGC

Some of the most effective lobbyist organizations against permitless carry legislation are law enforcement agencies/organizations. Nebraska is the same as most “red” states:

“The Omaha Police Officers Association had testified against LB 773 earlier this year, saying that as originally drafted, it would harm police efforts to combat street gangs.

Meanwhile, the Lincoln Police Department remains opposed to the bill, as does a state police chiefs’ association.”

https://nebraskaexaminer.com/2022/03/11/after-emotional-vote-constitutional-carry-gun-bill-advances-to-second-round-debate/

JSNMGC

While the Omaha police officers, the Lincoln police officers, and the state police chiefs’ association lobbied against permitless carry, Buffalo County Sheriff Neil Miller (who is the President of the Nebraska Sheriffs’ Association) remained quiet.

https://www.nebraskasheriffsassociation.com/board-members

Never forget.

Stag

I would love for all of these downvoting trolls to provide even a single article showing a law enforcement organization supporting the repeal of arms laws. Funny how every article I’ve seen on Ammoland concerning permitless carry almost always shows numerous LE organizations opposing it and maybe one or two sheriffs in the entire state supporting it.

JSNMGC

They are angry when the narrative is contested.

Wild Bill

OPINION: Former Sheriff David Clarke tells Wisconsin Republicans to go big or go home
fpadmin | June 18, 2021

As I read news story after news story of other state Republican legislatures passing aggressive legislation on protecting gun rights and voting rights to ensure election integrity, I sit in disbelief about the small-ball being played by the Republican Party of Wisconsin and the GOP-led state Legislature.
Arizona recently passed a law to defy any new federal gun control laws. Arkansas is on the way to do the same… “

JSNMGC

That’s one guy.

That’s the problem. One or two sheriffs will speak out for firearm rights, but entire agencies will lobby against firearm rights.

Find a statement from the Wisconsin Sheriffs’ Association lobbying for firearm rights.

Wild Bill

“California Sheriffs Oppose More Anti-Gun Lawsposted on September 7, 2016   The sheriffs of three southern California counties—Orange, Riverside and San Bernardino—are voicing their opposition to the Golden State’s relentless barrage of new anti-gun laws, the Press Enterprise reports.  As Riverside County Sheriff Stan Sniff wrote, “Many proposed firearms control bills are very poorly thought out, hastily drafted without appropriate expert input, and incorrectly proffered to the public as ‘making things safer’ in our communities. In some cases, these proposed bills actually make our communities less safe, and remove inherent rights of our citizens to self-defense, or worse, allow only the wealthy,… Read more »

JSNMGC

Again, that’s three individual sheriffs out of 58.

Look for a statement from the California Sheriffs’ Associaion supporting firearm rights.

Wild Bill

He only asked for one.

JSNMGC

He asked for one organization – not one person.

Wild Bill

Sheriffs make policy and speak for their respective departments. Stag asked for one. You may not be satisfied, but I am answering him … not you.

JSNMGC

State Sheriffs’ Associations lobby legislators. When they lobby, they lobby against the 2nd Amendment.

I have provided many links as examples.

Last edited 2 months ago by JSNMGC
Wild Bill

True, but not relevant to Stag’s request.

JSNMGC

“True, but not relevant to Stag’s request.” ~ Wild Bill

Yes, it is.

Wild Bill

That is not what Stag asked for, thus not relevant.

JSNMGC

“That is not what Stag asked for, thus not relevant.” ~ Wild Bill

Of course it is – his comments about support and opposition were referencing lobbying.

Wild Bill

Not his comments. His request.

Russn8r

Still with the relentlessly disingenuous deflection.

JSNMGC

“Not his comments. His request.” ~ Wild Bill Good grief. Stag wrote: “I would love for all of these downvoting trolls to provide even a single article showing a law enforcement organization supporting the repeal of arms laws. Funny how every article I’ve seen on Ammoland concerning permitless carry almost always shows numerous LE organizations opposing it and maybe one or two sheriffs in the entire state supporting it.” Emphasis added. His request included the comment about “supporting” and that was in response to my comment about lobbying. You’re in a hole. You should stop digging and say you have… Read more »

Wild Bill

Bla, bla, bla. If you would not butt into other peoples’ conversations, you would not get so confused.

Russn8r

More projection by Mr. Buttinski.

Stag

Correct. LE organizations. Fraternal Order of Police, Sheriff’s Organizations, National Association of Police Organizations, etc..

I’m not talking about individual persons or agencies. I’m talking about the unions and organizations that represent those officers and agencies. Apologies to Wild Bill if I was unclear.

When those organizations speak concerning the repeal of arms laws such as eliminating the requirement for permits they are ALWAYS in opposition to it. If the majority of officers support the 2A, as many on here claim, then it stands to reason at least ONE of those organizations would be supportive as well.

Russn8r

Yes, it is.

Russn8r

You’re all evasion, no cattle.

Wild Bill

it is for him to object, not you. Have you no knowledge of decorum?

JSNMGC

Have you no self-awareness of your double standards?

You frequently jump into conversations and make objections.

You also sling insults and some of your buddies sling vulgar insults (and you do not object).

You also make spelling/grammar errors.

Wild Bill

deflection.

Russn8r

Now you’re parroting for deflection. It won’t do.

Wild Bill

Your error was more word usage than grammar or spelling.

Russn8r

blah blah blah

JSNMGC

“Your error was more word usage than grammar or spelling.” ~ Wild Bill

What error?

Wild Bill

You used proven as a past participle. You should have used proved. If you were an educated man, as you claim, you would have known that.

JSNMGC

“You used proven as a past participle. You should have used proved. If you were an educated man, as you claim, you would have known that.” ~ Wild Bill

Educate yourself on the use of proved and proven.

That’s an order.

Wild Bill

prove : pro͞ov |
verb past participle proved
The fact was proved.

proven :
adjective
demonstrated by evidence or argument to be true or existing: a proven ability to work hard | a proven risk to health.

JSNMGC
Wild Bill

If you find it tiresome that is why you did not learn English in sixth grade.

JSNMGC

Ouch.

Why are you so hung up on my writing (to the point of incorrectly pointing out errors)?

john

Bill there is no passion in the fellows writing just endless facts that need not be challenged. He is goating you and I along He is not uneducated just has a bur in his saddle that he seems to enjoy. I do think you or I or all the others could sway him to understand what is really at stake. Folks make comments some of us at times get wrong which is okay. It’s always ok when politely corrected what is not okay is to disagree always and the is where his problems begin. I enjoy this gentleman time learning… Read more »

Last edited 2 months ago by john
john

Ps that message was meant for jsnmgc have nice night sir

Russn8r

Jesus don’t like hypocrites, “john” aka Bill

Wild Bill

He is no gentleman, but you are right about goading. He is a waste of time.

Russn8r

Gentlemen do not run sock puppets, engage in passive-aggressive trolling, deflect from issues, and take effeminate, pedantic swipes about 6th grade English. Jesus don’t like hypocrites.

Russn8r

Better than the English you learned at Hemline.

Russn8r

You deflected, he objected, and you’re still deflecting.

JSNMGC

That’s a fact, Jack.

Stag

Notice I said LE organization. Not a former LEO. Not a single agency here or there. I also acknowledged the fact that there are sometimes one or two sheriffs who support pro-2A legislation. Pro-2A supporting officers are very much the exception and not the rule considering how many speak out against pro-2A legislation versus how many speak in favor of it. It stands to reason that if the majority of cops are pro-2A then the organizations they support and/or belong to would be pro-2A as well. If the majority of cops are pro-2A there would be more than one or… Read more »

Last edited 2 months ago by Stag
Wild Bill

“I would love for all of these downvoting trolls to provide even a single article showing a law enforcement organization supporting the repeal of arms laws.”
Respectfully, you asked for one article and a law enforcement organization are both singular. And it really would not be fair to expect me to spend a lot of time digging up articles. I was just trying to answer your request.

Russn8r

Still negative function! “Wouldn’t be fair” since you can’t find any voluntary police assns/unions that don’t push gun control

Last edited 2 months ago by Russn8r
Stag

I asked for one article of a Law Enforcement Organization voicing support of repealing arms laws. I’m not asking you to spend a lot of time digging up anything. You said in another comment, “There’s a lot of them out there!”. If that’s true then just one article should be easy enough to find.

I typed “law enforcement organizations supporting constitutional carry” into a search engine and couldn’t find a single article. It did, however, return many results of police organizations opposing it.

Wild Bill

It was easy, but I did not want to spend a lot more time at it because I thought that I had met your request. I believe that I typed in Sheriffs supporting repeal of gun laws or something like that. Then I had to mess around with what google offered me. You know how that goes.

Russn8r

How it goes is you got nothing, and, as usual, you’re dancing around to hide it, here.

Stag

Yes, sir, I certainly know how that goes! Again, I apologize if I was unclear on what I meant by “organizations”. I find it telling that one of the top articles that popped up when I did the search was about the Texas Police Chiefs Association and Texas Municipal Police Association opposing permitless carry. One would think that if the majority of officers support the 2A then surely a police organization in Texas of all places would support it as well. Unfortunately, that wasn’t the case. Those organizations along with the police unions for Austin, Houston, and Dallas gathered outside… Read more »

Wild Bill

No apology necessary. Carry on.

Russn8r

And still you have nothing.

Wild Bill

Respectfully, there are lots of ’em out there!

JSNMGC

Why do the many quiet good apples allow the few bad apples to speak for the law enforcement agencies?

The standard answer is the big city police chiefs are chosen by Democrat mayors.

What about the state police in “red” states?

What about the sheriffs’ associations in “red” states?

What bout the medium and small town police chiefs in “red” states?

Wild Bill

I am sure that behind the scenes, within their respective organizations, there is much debate among the rank and file.

JSNMGC

That’s nice.

I bet they hunt deer and hunting is a big part of their family tradition and they tell their neighbors they are pro 2nd Amendment.

Russn8r

Uh huh. You can’t name a single police assn or union that doesn’t lobby for gun control. If there’s even one, it’s the exception that makes the rule.

Wild Bill

I just pasted part of an article that showed three sheriffs departments in SoCal.

Russn8r

Do you & your socks ever stop dissembling & dancing around? He’s talking voluntary organizations, not depts. If the sheriff backs a policy, its dept policy even if every deputy under him opposes it. You can’t name a single police assn or union that doesn’t back gun control.

Crickets Chirping…

john

Police sheriffs district attorneys judges all are members of law enforcement sworn to uphold the law. The problem is their political connections and whom is greasing the palms to get them placed elected or voted into office. There a republicans that are anti gun no doubt about it as the numbers polled most are democrats and liberals who are leaning towards socialism. You believe all that you read while not understand that the democrats want you guns your house your money and a socialist way of life. Have some kool aid guy’s it far bigger than anyone commenting here. Start… Read more »

Last edited 2 months ago by john
swmft

wont be the leos they will do what china says

JR

Thank you for the link and read. Don’t like that handguns will still be registered in NE, but this is how compromise works there; I’m sure NFOA will continue hammering away at that infringement (they sure look active on their blog! Might just show ’em some love with a couple of dinars their way . . . .)