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General Categories => Laws and Legislation => Topic started by: FarmerRick on January 20, 2009, 02:02:29 PM
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http://www.unicam.state.ne.us/FloorDocs/Current/PDF/Intro/LB430.pdf (http://www.unicam.state.ne.us/FloorDocs/Current/PDF/Intro/LB430.pdf)
Note: Underlined sections are new
LB 430 LB 430
LEGISLATURE OF NEBRASKA
ONE HUNDRED FIRST LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 430
Introduced by Christensen, 44; Janssen, 15.
Read first time January 20, 2009
Committee:
A BILL
1 FOR AN ACT relating to firearms; to amend sections 69-2427,
2 69-2430, 69-2433, and 69-2441, Revised Statutes
3 Cumulative Supplement, 2008; to limit the power of cities
4 and villages to regulate the ownership, possession, or
5 transportation of firearms; to change concealed handgun
6 permit issuance provisions; to provide a residency
7 exception for members of the United States Armed Forces
8 with respect to concealed handgun permits; to authorize
9 security personnel to carry concealed handguns in places
10 of worship as prescribed; to provide for concealed
11 handgun permit reciprocity; to harmonize provisions; and
12 to repeal the original sections.
13 Be it enacted by the people of the State of Nebraska,
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Section 1. Cities and villages 1 shall not have the
2 power to regulate the ownership, possession, or transportation
3 of firearms, except as expressly provided by state law, and
4 any existing ordinances, permits, or regulations regulating the
5 ownership, possession, or transportation of firearms are declared
6 null and void.
7 Sec. 2. Section 69-2427, Revised Statutes Cumulative
8 Supplement, 2008, is amended to read:
9 69-2427 Sections 69-2427 to 69-2447 and section 6 of this
10 act shall be known and may be cited as the Concealed Handgun Permit
11 Act.
12 Sec. 3. Section 69-2430, Revised Statutes Cumulative
13 Supplement, 2008, is amended to read:
14 69-2430 (1) Application for a permit to carry a concealed
15 handgun shall be made in person at any Nebraska State Patrol
16 Troop Headquarters or office provided by the patrol for purposes
17 of accepting such an application. The applicant shall present a
18 current Nebraska motor vehicle operator?s license, Nebraska-issued
19 state identification card, or military identification card
20 and shall submit two legible sets of fingerprints for a
21 criminal history record information check pursuant to section
22 69-2431. The application shall be made on a form prescribed
23 by the Superintendent of Law Enforcement and Public Safety.
24 The application shall state the applicant?s full name, social
25 security number, motor vehicle operator?s license number or
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1 state identification card number, address, and date of birth and
2 contain the applicant?s signature and shall include space for the
3 applicant to affirm that he or she meets each and every one of
4 the requirements set forth in section 69-2433. The applicant shall
5 attach to the application proof of training and proof of vision as
6 required in subdivision (3) of section 69-2433.
7 (2) A person applying for a permit to carry a concealed
8 handgun who gives false information or offers false evidence of his
9 or her identity is guilty of a Class IV felony.
10 (3) The permit to carry a concealed handgun shall be
11 issued by the Nebraska State Patrol within five business thirty
12 days after completion of the applicant?s criminal history record
13 information check, the date an application for the permit has been
14 made by the applicant if the applicant has complied with this
15 section and has met all the requirements of section 69-2433.
16 (4) An applicant denied a permit to carry a concealed
17 handgun may appeal to the district court of the judicial district
18 of the county in which he or she resides or the county in which
19 he or she applied for the permit pursuant to the Administrative
20 Procedure Act.
21 Sec. 4. Section 69-2433, Revised Statutes Cumulative
22 Supplement, 2008, is amended to read:
23 69-2433 An applicant shall:
24 (1) Be at least twenty-one years of age;
25 (2) Not be prohibited from purchasing or possessing a
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1 handgun by 18 U.S.C. 922, as such section existed on January 1,
2 2005;
3 (3) Possess the same powers of eyesight as required under
4 section 60-4,118 for a Class O operator?s license. If an applicant
5 does not possess a current Nebraska motor vehicle operator?s
6 license, the applicant may present a current optometrist?s or
7 ophthalmologist?s statement certifying the vision reading obtained
8 when testing the applicant. If such certified vision reading meets
9 the vision requirements prescribed by section 60-4,118 for a Class
10 O operator?s license, the vision requirements of this subdivision
11 shall have been met;
12 (4) Not have pled guilty to, not have pled nolo
13 contendere to, or not have been convicted of a felony or a
14 crime of violence under the laws of this state or under the laws of
15 any other jurisdiction;
16 (5) Not have been found in the previous ten years to be a
17 mentally ill and dangerous person under the Nebraska Mental Health
18 Commitment Act or a similar law of another jurisdiction or not be
19 currently adjudged mentally incompetent;
20 (6) (6)(a) Have been a resident of this state for at
21 least one hundred eighty days. For purposes of this section,
22 resident does not include an applicant who maintains a residence in
23 another state and claims that residence for voting or tax purposes
24 except as provided in subdivision (b) of this subdivision;
25 (b) If an applicant is a member of the United States
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Armed Forces, such applicant shall be considered 1 a resident of
2 this state for purposes of this section after he or she has been
3 stationed at a military installation in this state for at least one
4 hundred eighty days pursuant to permanent duty station orders even
5 though he or she maintains a residence in another state and claims
6 that residence for voting or tax purposes;
7 (7) Have had no violations of any law of this state
8 relating to firearms, unlawful use of a weapon, or controlled
9 substances or of any similar laws of another jurisdiction in the
10 ten years preceding the date of application;
11 (8) Not be on parole, probation, house arrest, or work
12 release;
13 (9) Be a citizen of the United States; and
14 (10) Provide proof of training.
15 Sec. 5. Section 69-2441, Revised Statutes Cumulative
16 Supplement, 2008, is amended to read:
17 69-2441 (1)(a) A permitholder may carry a concealed
18 handgun anywhere in Nebraska, except any: Police, sheriff, or
19 Nebraska State Patrol station or office; detention facility,
20 prison, or jail; courtroom or building which contains a courtroom;
21 polling place during a bona fide election; meeting of the
22 governing body of a county, public school district, municipality,
23 or other political subdivision; meeting of the Legislature or a
24 committee of the Legislature; financial institution; professional
25 or semiprofessional athletic event; building, grounds, vehicle,
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1 or sponsored activity or athletic event of any public, private,
2 denominational, or parochial school or private or public
3 university, college, or community college; place of worship;
4 hospital, emergency room, or trauma center; political rally
5 or fundraiser; establishment having a license issued under the
6 Nebraska Liquor Control Act that derives over one-half of its
7 total income from the sale of alcoholic liquor; place where the
8 possession or carrying of a firearm is prohibited by state or
9 federal law; a place or premises where the person, persons, entity,
10 or entities in control of the property or employer in control of
11 the property has prohibited permitholders from carrying concealed
12 handguns into or onto the place or premises; or into or onto any
13 other place or premises where handguns are prohibited by law or
14 rule or regulation.
15 (b) A financial institution may authorize its security
16 personnel to carry concealed handguns in the financial institution
17 while on duty so long as each member of the security personnel, as
18 authorized, is in compliance with the Concealed Handgun Permit Act
19 and possesses a permit to carry a concealed handgun issued pursuant
20 to the act.
21 (c) A place of worship may authorize its security
22 personnel to carry concealed handguns on its property so long
23 as each member of the security personnel, as authorized, is in
24 compliance with the Concealed Handgun Permit Act and possesses a
25 permit to carry a concealed handgun issued pursuant to the act and,
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if the property is leased, the carrying of 1 concealed handguns on
2 the property does not violate the terms of any real property lease
3 agreement between the place of worship and the lessor.
4 (2) If a person, persons, entity, or entities in control
5 of the property or an employer in control of the property prohibits
6 a permitholder from carrying a concealed handgun into or onto the
7 place or premises and such place or premises are open to the
8 public, a permitholder does not violate this section unless the
9 person, persons, entity, or entities in control of the property
10 or employer in control of the property has posted conspicuous
11 notice that carrying a concealed handgun is prohibited in or
12 on the place or premises or has made a request, directly or
13 through an authorized representative or management personnel, that
14 the permitholder remove the concealed handgun from the place or
15 premises. A permitholder carrying a concealed handgun in a vehicle
16 into or onto any place or premises does not violate this section
17 so long as the handgun is not removed from the vehicle while the
18 vehicle is in or on the place or premises. An employer may prohibit
19 employees or other persons who are permitholders from carrying
20 concealed handguns in vehicles owned by the employer.
21 (3) A permitholder shall not carry a concealed handgun
22 while he or she is consuming alcohol or while the permitholder
23 has remaining in his or her blood, urine, or breath any previously
24 consumed alcohol or any controlled substance as defined in section
25 28-401. A permitholder does not violate this subsection if the
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1 controlled substance in his or her blood, urine, or breath was
2 lawfully obtained and was taken in therapeutically prescribed
3 amounts.
4 Sec. 6. A valid license or permit to carry a concealed
5 handgun issued by any other state or the District of Columbia shall
6 be recognized as valid in this state under the Concealed Handgun
7 Permit Act if (1) the holder of the license or permit is not a
8 resident of Nebraska and (2) the Attorney General has determined
9 that the standards for issuance of such license or permit by such
10 state or the District of Columbia are equal to or greater than the
11 standards imposed by the act. The Attorney General shall maintain
12 and publish a list of such states and the District of Columbia
13 which he or she has determined have standards equal to or greater
14 than the standards imposed by the act.
15 Sec. 7. Original sections 69-2427, 69-2430, 69-2433,
16 and 69-2441, Revised Statutes Cumulative Supplement, 2008, are
17 repealed.
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Wow!! This is good news....no, let me change that....this is great news! :o ;D :D :) 8)
Not only is there the preemption portion, but it also mandates the NE State Patrol to have to complete its processing and furnish the CHP 30 days after the applicant files the application. None of this 6-10 week crap.
Thank you, FarmerRick, for posting this info!!
Now that my pulse rate has settled somewhat...I do realize that the whole debate process starts, etc. But that's okay....especially after those 11 or municipalities that had their "conference call" arrogantly were sending the message to the NE AG to stuff it.
Get out the popcorn!! Sweet!!!!!!
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HEY NFOA
ARE YOU READY TO RUUUMMMBBLE ?
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I sent an email via request by Rich B (http://www.nebraskafirepower.com/forum/index.php?topic=403.0) Take a look at the response and viewers, please recognize the importance of these letters to give Senator Christensen some fresh letters to use in the debate.
Dear Mr. xxxxxx,
On behalf of Senator Christensen I would like to thank you for the email
and support regarding Conceal and Carry issues. Senator Christensen has
introduced LB 430,
http://www.nebraskalegislature.gov/FloorDocs/Current/PDF/Intro/LB430.pdf
. Your email will be printed and filed with the bill's file folder that
follows the Senator to the floor. If you have any questions or comments
please contact the office.
Sincerely,
Kylee Planer-Administrative Assistant
Senator Mark R. Christensen
Nebraska Legislature
District 44
(402) 471.2805
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Thanks for getting active Coyote Dan
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Glad to offer a little bit of help at the grassroots level. You guys are always so insightful and I appreciate your forums...
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I called Chritensen's office at around 5:30PM expecting to get a machine to voice my support for this bill. Instead, I spoke with an Aide, that went above and beyond the call of duty. We went through the bill and I shared with him my concern over the easy way to lose a our rights by violating a city ordinace. Columbus is not posted and the various other cities that you may pass through on a trip is utterly confusing. We talked about his bill till past 6:00PM.
[b]I would like to see 5 or 6 hundred gun owners on the capitol steps in support of this bill and to protest the other bills that are detrimental to our rights! What do you say? [/b]
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....Don't like:
"(c) A place of worship may authorize its security
22 personnel to carry concealed handguns on its property so long
23 as each member of the security personnel, as authorized, is in
24 compliance with the Concealed Handgun Permit Act and possesses a
25 permit to carry a concealed handgun issued pursuant to the act and,
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if the property is leased, the carrying of 1 concealed handguns on
2 the property does not violate the terms of any real property lease
3 agreement between the place of worship and the lessor."
..... but the rest of it it is GREAT!
..... just why is it the Powers That Be in Kansas and South Dakota (and soon Colorado!) trust ME, a Nebraskan, to come to the church of my choice in their states with a pistol in my pants, but in Nebraska, I have to be part of the Old Boy Network...... sort of an official/unofficial Only Ones Club?
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I sent this:Kudos on the bill, sir!
I do have one problem with it: Why must I be a designated security person to Carry in church? A quick Google search for "church shooting" showed me that of the first 4 incidents listed, the nut doing the shooting was a disgruntled member of the congregation: he's going to know who those "designated security personnel" are, and just shoot them first. I don't know about you, but sitting in the pew with a bulls eye on the back of my head is not real appealing to me. Not to mention the fact that I am quite sure several members of my church would be appalled if they knew I even had a permit, let alone wanted to Carry in Church. The biggest advantage of Concealed Carry is that NOBODY KNOWS WHO IS CARRYING.
Why is it that Kansas, South Dakota, and Colorado (once the reciprocity portion of this passes) have no problem with me going to any church I want to with concealed handgun, but Nebraska does? The permit holders are not the problem: A nut who would shoot up a church is not going to bother getting a permit, and if he did have a permit, not being one of the "designated security personnel" will not deter him in the least: they are already intent on MURDER. They are not going to be paying attention to ANY laws, other than the laws of physics.
Keep up the good work!
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I contacted my State Senator Tom Hansens office today and asked him to support this. I will talk to as many as I can today and have them call his office also.
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Ditto on making contact with the Senators.
I agree with JimP about the carry in church part. If a church wants to have a "designated security personnel", I don't mind, but I would also like to have the right to remain silent, so to speak, about having a CHP and still carry in a church. I don't like advertising that I'm the one carrying.
Hey, what goes on from here? I am not savvy on the whole legislative process. Would someone who knows please briefly outline what will transpire re the logistics.....public hearings?....debates?....voting timeline of the Senators?, etc.
Thanks!
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"Hey, what goes on from here? "
Contact as many people as you can and get them to contact THEIR Senators, AND then contact THEIR friends, ad infinitum.
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Hey, what goes on from here? I am not savvy on the whole legislative process. Would someone who knows please briefly outline what will transpire re the logistics.....public hearings?....debates?....voting timeline of the Senators?, etc.
Thanks!
Aldo, the next step is public hearings and a vote to advance out of the judiciary committee.
I am going to focus on contacting the Senators on the Judiciary committee ,as my representative (AVERY) is hopelessly anti gun and even more anti CCW
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Contact as many people as you can and get them to contact THEIR Senators, AND then contact THEIR friends, ad infinitum.
Ditto.
I contacted State Senator Heath Mello.
When he was running for his Senate seat. I asked his opinion about the flaws with the original Concealed Handgun Permit act and got back the typical "I received an 'A' rating from the NRA." Needless to say, I don't expect much from him.
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"I received an 'A' rating from the NRA."
I usually reply... DO ya want to keep it???
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Amanda McGill on the Judiciary Committee is my area Senator. Does anyone know how she has panned out on the past bill or even on 2A?
In my e-mails to her about a couple of issues (most recently about the need to have preemption...which was just prior to the introduction of LB430), she wrote back each time: "I look forward to learning more in the public hearing". On the one hand, it's okay to hear what folks have to say, and on the other hand, I'd like to know how she stands. If she is solely wanting to be representative of her area constituents, then from a purist perspective, she probably does need to "learn more in the public hearing"; but it would be good to hear how she personally feels on an issue but that she wants to still hear from her constituency.
I am just not getting a feel from her at all about pro- or anti- gun.
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write her and ask Aldo
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write her and ask Aldo
After I posted what I did last night, I sent her an e-mail doing just that, and she hasn't responded yet. According to the Joe's Crabby Shack forum, a posting of his knowledge of each of the Senators indicates she is not gun-friendly.:(
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Well I figure that since you are actually a citizen in her district , she should be made aware of her obligation to at least reply to your inquiry.
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Yes Aldo, I agree with Dan. She is YOUR Representative in the Unicameral just as much as every one else's in your district. By all means, everyone should let their respective Reps. know our feelings pertaining to any and all bills, no mater what their leanings are.
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Correct me if I am wrong, but if I read LB430 correctly, if passed it will blow Omaha's gun registration out the back door! I hope. Just sent an email to Senator Tom White urging his support of this bill. However, I have never received a reply from him on anything and have no idea where he stands on any handgun related issues.
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I live in District 8 and Senator Tom White represents the district, though I have no clue what he stands for and he has never responded to civil emails and requests for information. I just sent this email to Senator Christensen:
Dear Senator Christensen:
I applaud your spirit and courage in tackling sometimes unpopular issues, and I appreciate your support of the 2nd amendment in introducing bill LB430. This should remove all doubt from the small minds of the officials in the 13 Nebraska towns and cities that have chosen to interpret the CCW law in their own way in spite of our Attorney General's ruling. Sometimes you have to draw them a picture and your bill is the artwork. I have also contacted my senator Tom White urging his support. Thanks for all that you do.
Fred Gilbert
5427 Parker St
Omaha, NE
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DanW and FarmerRick: Amanda McGill is no responding to my e-mail requesting where she stands. She knows where I stand. Interestingly, throughout the summer and fall when the Lincoln Journal Star sent surveys at various times to all Senators on various issues, Amanda McGill repeatedly and consistently was reported as the only Senator who did NOT respond to their surveys!
FregG: Back in February 2008 I wrote to each Senator to support LB 958 at that time re CCW permits, and he wrote back the following:
- Ron,
Thank you for taking the time to write to me regarding LB 958. As an avid hunter and gun enthusiast, I am a strong supporter of 2nd Amendment rights. LB 958 has been amended drastically from its original form. I will watch the this bill with great concern.
Please know that I appreciate your thoughts and look forward to hearing from you in the future on other issues facing the Legislature.
Very truly yours,
Tom White
So I believe, FredG, that you can count on Tom White to be a supporter of LB 430; unfortunately, he is NOT on the Judiciary Committee. And I am not so sure that there are ample numbers of supporters on the Judiciary Committee to even have LB 430 come out of committee. There may need to be pressure put on the anti- or not sure folks by other Senators...and that will only happen if we and other pro-gunnies we know will write to their respective representatives to put the pressure on at least the "not sure" folks.
By my count and experience: supporters of the 8 committee members are Christensen, Coash, and Lautenbaugh; antis- are Ashford, Lanthrop, and Council; unknowns ("not sure") are McGill and Rogert.
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Aldo, perhaps a snail mail with a request for an reply.
Include your email address.