Emergency Powers Protection Bill Signed into Law

[Gary]

Emergency Powers Protection Bill Signed into Law

Email I got from the NRA dated 4/22/2014

Today, Governor Dave Heineman (R) signed Legislative Bill 390 into law.  LB 390 passed unanimously in the Nebraska Legislature during its Final Reading on April 17, in the last hour of the 2014 legislative session.

Legislative Bill 390, introduced by state Senator Mark Christensen (44), will strike the word “firearms” from the list of items that the Governor may suspend during a declared state of emergency.  LB 390 protects Second Amendment rights by ensuring that a Governor does not have the power to prohibit or restrict the otherwise lawful possession, use, carrying, transfer, transportation, storage or display of a firearm.

LB 390 also contains language from Senator Les Seiler‘s (33) bill, Legislative Bill 694, which was added as Amendment 2710 during the General File reading.  LB 390 will allow an otherwise lawfully possessed firearm to be possessed by a person on school grounds for the purposes of a historical reenactment or hunter education program, with approval from the school.

The NRA thanks Governor Heineman for signing this important Second Amendment protection into law, as well as the members of the Nebraska Legislature for passing this bill.  LB 390 takes effect ninety days from session adjournment.

[DanClrk51]

The problem is that all this did was remove that one word from the list of things spelled out in state law that the governor can regulate during an emergency. Louisiana didn't have anything on the books allowing officials to confiscate firearms during an emergency and yet they still did in the aftermath of hurricane Katrina.

What was needed was to explicitly spell out in Nebraska law that the confiscation or regulation of firearms during an emergency is in violation of the 2nd Amendment and the Nebraska constitution and that officials (state, county, local) CANNOT do so and to provide for strict fines against the state, city, county, town or village that dares violate the law ($50,000 per offense) as well as requiring the firearm(s) to be returned to rightful owners.

[FarmerRick]

The problem is that all this did was remove that one word from the list of things spelled out in state law that the governor can regulate during an emergency. Louisiana didn't have anything on the books allowing officials to confiscate firearms during an emergency and yet they still did in the aftermath of hurricane Katrina.

What was needed was to explicitly spell out in Nebraska law that the confiscation or regulation of firearms during an emergency is in violation of the 2nd Amendment and the Nebraska constitution and that officials (state, county, local) CANNOT do so and to provide for strict fines against the state, city, county, town or village that dares violate the law ($50,000 per offense) as well as requiring the firearm(s) to be returned to rightful owners.

We won't be getting anything near that good until we get some state senators with the backbone to stand up to ernie.  Not holding my breath.