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Senators debate conceal-carry bill

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By NATE JENKINS / Lincoln Journal Star

Thursday, Mar 09, 2006 - 09:00:32 pm CST

Lawmakers supporting a bill that would allow residents to carry concealed handguns have often cited the fact that most states provide such a right and that it’s time for Nebraska to enter the mainstream.

If approved, the bill now before state senators would achieve that goal — but it may also put Nebraska into another minority.

Nebraska could become the only state among others with similar laws to allow its cities to ban concealed guns.

“I don’t know of one that allows cities to opt out” of state law allowing those with proper permits to carry concealed handguns, said Keith Wood, a lobbyist for the National Rifle Association. Wood, who has been at the Capitol pushing for the bill (LB454), said 38 states have laws similar to the one the Legislature is considering.

It already has passed one of three rounds and could receive a second-round vote today. Senators debated the bill for a few hours Thursday and Lincoln officials — namely Mayor Coleen Seng — were in the middle of the conversation.

Seng and Lincoln Police Chief Tom Casady wrote a letter last month expressing the city’s opposition to the bill. In it, they said if more people are encouraged to carry firearms “it is logical to expect that more incidents involving guns will occur.”

“We can recall only one incident in the past 30 years in which a citizen armed with a concealed handgun prevented himself from becoming the victim of a violent crime in Lincoln,” the letter says. Omaha Mayor Mike Fahey also sent lawmakers a letter expressing opposition to the bill.

Seng was sharply criticized by Sen. Adrian Smith of Gering, who said that he hoped Seng “somehow gets over the urge to know what’s in people’s pockets.”

Sen. DiAnna Schimek of Lincoln, one of the leading critics of the conceal-carry bill, rose to Seng’s defense a few times Thursday. “She is giving her best judgment, Senator Smith,” Schimek said at one point.

Opposition from the state’s two largest cities suggests the possibility that either, or both, might consider responding to a conceal-carry law by passing their own ordinances banning the practice.

Schimek raised the question in January of whether the bill would prevent cities from passing their own ordinances, and some lawmakers at the time described the apparent ambiguity as a weakness in the bill that needed remedied.

Sen. Jeanne Combs of Milligan, who introduced LB454, acknowledged Thursday that the bill may leave the door open for cities to ban conceal-carry. She has crafted an amendment that would prohibit them from doing so, but it appears unlikely the Legislature will get a chance to consider it as it is buried under a stack of amendments.

It was unclear Thursday whether the bill’s lack of a provision to preempt cities would hurt chances of it passing. Senators on Thursday covered some of the same ground tread before.

The issue has been before the body over the past decade.

“The bad guys won’t know who will be armed and who won’t be, and we’ll all benefit from that,” said Combs, who touts an aspect of the bill that would require handgun training before getting a permit and statistics that show crime doesn’t increase when such laws pass.

Chambers said it was “sheer stupidity” to say that the way to solve crime in areas with lots of guns is to allow more guns.

Reach Nate Jenkins at 473-7223 or njenkins@journalstar.com.

How would law work?

Eligibility:

* At least 21 years old.

* No felony record.

* Can’t have been officially deemed mentally ill and dangerous within past 10 years.

* No offenses related to firearms or controlled substances within past 10 years.

* Must have a permit. Conceal-carry permits would only be issued to those who meet eligibility requirements and complete a safety and training course. Training would include: Safe handling of a gun and ammunition; shooting fundamentals; laws pertaining to handguns; ways to avoid criminal attacks and defuse violent confrontations; proper storage of handguns.

Where you couldn’t carry a gun:

The bill would prohibit people from taking guns into law enforcement facilities, prisons, courtrooms, polling places, government meetings, financial institutions, athletic events, schools, places of worship, political rallies and businesses with liquor licenses that derive more than half their income from alcohol sales. Also, employers and property owners could prohibit concealed handguns.


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L E Trimmer wrote on March 10, 2006 5:44 am:
" The Conceal-carry bill should be passed as stated there are many other states with such a law, and I feel that there would be a drop in crime, as the lawbreakers would not know who would and wouldn't be armed. "

Jason wrote on March 10, 2006 8:58 am:
" Why is it that the Senators who are supporting this bill, at least vocally, are all from the western part of the state? Are they looking to have a return to the Wild West days? Or are they looking for a better way for their constituents, the ranchers, to combat the cattle rustlers. "

Richard wrote on March 10, 2006 8:58 am:
" Passage of LB454 probably isn't going to happen. Why do I think that? It is obvious that a lot of elected officials and police chiefs) don't trust citizens to have the judgement to protect themselves. Of course that is understandable. Why would an elected official like Ernie Chambers or Colleen Seng trust the judgement of the people who elected them to office? They would have to be mentally incompetent to have voted for them in the first place. Right? "

David Schantz wrote on March 10, 2006 11:44 am:
" I don't think everyone in Saint Joseph rushed out and got a handgun and concealed carry permit as soon concealed carry became legal in Missouri, but I could be wrong about that. Passing a concealed carry law will make all Nebraska residents a little safer because murderers, rapist and thieves won't know who is and who is not armed. It gives them something to think about before they attack their next victim. I have reason to believe an old friend lives in Lincoln. I'd feel better knowing she could protect herself if she ever had to. Passing the concealed carry bill would make that possible. God Bless America, God Save The Republic. "

g bennett wrote on March 10, 2006 11:54 am:
" its is time for all states to honor the bill of rights,all the bill of rights. "

Sylvia wrote on March 10, 2006 12:06 pm:
" If I can't take my gun to the bar, church, or athletic events how am I supposed to protect myself when I'm walking home or through a parking lot when it's dark at night? How could anyone who works at the "off-limits" places protect hisself or herself if they work late and needs protection? "

Todd T wrote on March 10, 2006 1:31 pm:
" The way I read the current Nebraska law is that if a reasonable person would think that someone has the right to concealed carry, then they can carry a concealed weapon. Even if this bill doesn't pass I think there will be a push for citizens to carry concealed if they wish and then force our current law to the Nebraska Supreme Court. I think if the majjority of Nebraskan's want concealed carry then under the current law we all have the right to concealed carry. On that basis I will be carrying regardless if this bill though I very much hope it does so it clarifies the law. "

CCH owner from Texas wrote on March 10, 2006 6:19 pm:
" I’m a licensed concealed carrier handgun (CCH) owner from Texas and it pleases me to see that the great state of Nebraska is finally considering the notion that would allow law abiding citizens the right to carry a concealed firearm. Having successfully completed the training program in Texas, one cannot help but fully understand the great responsibility that comes with this privilege. As every CCH licensed individual will tell you, they hope and pray that they never have to use a firearm in self defense, but should that tragic day come you will be thankful that you were equipped with more than just a cell phone and a 10 to 30 minute response time by police officials. I hope that when this bill passes lay makers will remember to reciprocate the CCH license with other states. "

Loren wrote on March 10, 2006 7:14 pm:
" I sure hate to say it but, I do not think this great law will pass. It certainly should but, Chambers will stop it. That stands to reason, if passed, most of his voters would be at the unemployment line since they would be out of work. After all, would you try to rob or rape someone who might be armed? "

carl c roten wrote on March 10, 2006 7:51 pm:
" I cant belive a police chief doesent know that more people were killed by high speed chases this last year than people that were shot and I dont mean killed by guns. He knows this however he wont admit it. Belive me I know for sure he knows this!!!!!!!! "

Steve wrote on March 10, 2006 8:48 pm:
" Read the first sentence of our state constitution, and you'll realize that we shouldn't even be debating a concealed carry bill. We already have the right to bear arms for "any legal purpose", and that right is not to be infringed by state or local government. If someone had the courage and means to fight it, I believe the Nebraska Supreme Court would have to uphold that right and prevent law enforcement authorities from prosecuting those who choose to keep their firearms concealed. "

Ronald C. Henarie wrote on March 10, 2006 10:30 pm:
" I'm a retired police officer from San Antonio, Texas. I believe this bill, like the ones in Texas and some other states discriminates against pedestrians and poor people who don't own a vehicle. What do you expect them to do when they walk or take the bus to a bank or church? Check their gun at the door? This law wouldn't allow a person to walk to their local package store and buy a bottle to take home. I believe poor people deserve the same protection as those who are well off. "

Mike Raymond wrote on March 14, 2006 11:51 am:
" Financial Institutions? In Texas, businesses must have a very specific sign posted to deny access to a licensed firearm permit holder. My bank in Dallas had such a sign, forcing LEGALLY LICENSED permit holders to leave their firearms in their cars. That is untill they were robbed 3 or 4 times in as many months. They then took down the sign. Now the BG's (bad guys) don't know who may or may not be armed. This was over 8 month's ago, they have NOT been robbed since then. The RTC (right to carry) has been referred to as a priviledge. I seem to recall reading somewhere that this is a RIGHT. (2nd amendment to the Constitution) The same as the RIGHT to free speach (freedom of the press). I hope that you state passes this bill & stops infringing on the constitutional right of it's citizens. Just as the state should not infringe on the right of freedom of the press. As far as the proposal (that thankfully did not get included in the bill) that would have required property owners to post a sign ALLOWING firearms, well, this would be a defacto ban on this important right. "Feel Good" laws banning law-abiding citizens this right, do nothing to stop the bad guys from carrying guns. After all, they are criminals, and already ignore the laws that we obey. "