What was said by Jeanne Combs during the debate and afterward was that the intent of the bill was to preempt local law, thus the wording referred to by Jon Bruning, that a permit was good anywhere in the state. Just because the anti's wanted local control doesn't mean they get it when the law says otherwise...kinda like rope a dope
Law has questionable reach
Thursday, Apr 06, 2006 - 12:59:49 pm CDT
The Associated Press
LINCOLN - They smiled and shook hands and exchanged congratulations.
But those supporting a bill signed into law Wednesday that will allow Nebraskans to carry concealed weapons turned serious when reminded that the law apparently will allow cities to ban concealed weapons.
“That remains to be seen,” said Sen. Jeanne Combs of Milligan, a member of the National Rifle Association and sponsor of the concealed weapons measure (LB454).
The law says a permit to carry a concealed weapon “is valid throughout the state” and that “a permitholder may carry a concealed handgun anywhere in Nebraska.”
But it also lists exceptions, including “any other place or premises where handguns are prohibited by law or rule or regulation.”
Other sections of state law set the powers of cities allow communities to ban concealed weapons.
One section, for example, says “A primary city may prohibit riots, routs ... prevent use of firearms, rockets, powder, fireworks or other dangerous and combustible material; prohibit carrying of concealed weapons.”
And nothing in Combs' measure would repeal those other statutes.
“It is absolutely clear that any city can adopt an ordinance prohibiting concealed weapons,” said Sen. Pat Bourne of Omaha, chairman of the Judiciary Committee. “The bill does not include a pre-emption precluding them from doing that. There is no question whatsoever.”
Sen. Ernie Chambers of Omaha, who also serves on the committee, cited another section of law that gives Omaha the right to ban concealed weapons, which it did years ago.
“There's nothing in the law that was passed that would take that away,” Chambers said. “That law itself continues to underscore what the cities can do.
“Any village, city or body that can pass laws, ordinances or regulations would be allowed to do that,” Chambers said.
If Bourne and Chambers prove right, that would mean that about one-fourth of all Nebraskans - those living inside Omaha's city limits - are already precluded from carrying concealed weapons despite the new law, which goes into effect Jan. 1.
Other cities, including Kearney, also ban concealed weapons.
Mark Bowen, chief of staff of Lincoln Mayor Coleen Seng, would not say if she will push for a concealed weapons ban.
“We followed the bill - we've been aware of the debate,” he said. “We will take a look at the final wording and see where we go from there.”
Supporters have tried to get a concealed weapons bill passed since 1996.
And until 1999, the proposal had language that revised the wording in other areas of state statute to remove the right of cities to enact such bans.
Combs said she did not know why the language was not included in her bill.
Counting Nebraska, 40 states have so-called “right to carry” laws, according to the National Rifle Association. Eight have limited concealed-weapons laws.
Illinois and Wisconsin do not allow concealed weapons.
Supporters argue that being able to carry concealed weapons is a constitutional right. And they say the bill would merely put guns in the hands of law-abiding citizens who want to protect themselves against bad guys who already carry weapons.
Opponents argue that allowing concealed weapons would lead only to the potential for more violence.
The bill requires applicants for a concealed-weapon permit to pass a background check and complete a handgun training and safety course. The permit will cost $100 and be valid for five years. Convicted felons will not be allowed permits.
Concealed weapons will not be allowed in a variety of places, including bars, police stations, public meetings, athletic events, schools, churches, hospitals and banks. Signs also could be posted prohibiting the carrying of concealed weapons in other locations.
It is estimated that licenses could be granted to more than 64,000 people in Nebraska.
