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Author Topic: LB430 UPDATE 5/13/09: LB430 Passes 45-3; thank the Senators  (Read 25897 times)

Offline FarmerRick

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Re: LB430 action needed: contact Judiciary Committee
« Reply #100 on: March 28, 2009, 05:45:34 PM »
That was me, but I was then informed that they will be going to an all-day session starting this week as there will be no more afternoon hearings.
Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.

Offline Aldo

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Re: LB430 action needed: contact Judiciary Committee
« Reply #101 on: March 28, 2009, 09:46:11 PM »
Hey, thanks, FarmerRick....your information has been greatly appreciated!  This proposed bill has come so far and we're so close to seeing this city to city travel stuff straightened out.

I know that the amendment rubs some folks, including me, the wrong way.  I'm also burning that the church component got struck out.  And who knows what else is in store as this gets under way on Tuesday.

But if Omaha and the other remaining cities finally get their cheeks straightened out by this bill, then maybe that's the best we can do for the time being....one step at a time.  An article the other day stated that Sen Christenson was gonna come back about the church part, perhaps in the next bill next time around.

If Council and the other anti-gunnies would just see that the lawful abiding citizens of this state are not the ones causing trouble, maybe they would spend more of their tax-dollar salaries on enforcing the existing laws against the real bad guys who commit the burglaries, hold-ups, etc.

Anyways, Tuesday is comin' up soon enough.....

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Offline George

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Re: LB430 action needed: contact Judiciary Committee
« Reply #102 on: March 29, 2009, 06:41:37 AM »
How do we keep abreast of the debate without being there........
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Offline FarmerRick

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Re: LB430 action needed: contact Judiciary Committee
« Reply #103 on: March 29, 2009, 10:03:26 AM »
How do we keep abreast of the debate without being there........

Online:  http://www.netnebraska.org/publicmedia/capitol.html

Or, check you local PBS tv station, they usually carry it live.
Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.

Offline George

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Re: LB430 action needed: contact Judiciary Committee
« Reply #104 on: March 29, 2009, 10:16:02 AM »
Thanks for the info..........
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Offline RICHARD D LONG

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Re: LB430 action needed: contact Judiciary Committee
« Reply #105 on: March 30, 2009, 02:10:41 PM »
As I read the amendment to LB430, Omaha would be allowed to keep their registration scheme, which effectively outlaws concealed carry unless you register whatever gun you have at the time with the Omaha police, hopefully before you are contacted by an officer.  Is this interpretation correct?

Offline Aldo

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Re: LB430 action needed: contact Judiciary Committee
« Reply #106 on: April 01, 2009, 01:36:46 PM »
The other day I wrote to the NE Senators via e-mail:
  • Dear Sen XYXYXYXY,

    LB 430 is very, very important for it to be approved as it provides much needed clarification of the existing Concealed Handgun Permit Act in Nebraska.  I am concerned, though, about the pending amendment (AM 835) relative to how the amendment will dilute the clarification and intent of the originally worded LB 430.

    Please do all that you can to ensure that LB 430 stays intact.

    Thank you.

    Respectfully,

    XYXYYXYY

The response from Sen Fulton yesterday was:
  • XYXYXX,

    Thanks for being attentive to this bill.

    Making this my priority bill ensures it will be debated.  Hopefully we have the votes to make it into the consistent law of Nebraska.  The Judiciary Committee has slapped an amendment on the bill which might negate it...I'm not sure though.  I'll discuss with Senator Christensen and other members whether there still remains a loophole in the committee amendment.

    Thanks again.
    Tony

    Senator Tony Fulton
    Nebraska Legislature, District 29
    Office 2107
    402-471-2734

Response from Sen Janssen yesterday was:

  • I will. And I was the lone co sponsor of LB 430.

    Charlie

Response from my representative Sen McGill yesterday was:

  • XYXYXY,
     
    I do not believe LB 430 will pass without the amendments.  In its original form, it went way beyond making conceal and carry uniform across the state.  I do not support the original language that would not allow local cities to have their own laws dealing with firearms in general.  Lincoln has some laws that I think are beneficial to the community.  While I can see an argument on making conceal and carry uniform, I think local control much be maintained when it comes to firearm laws in general. 
     
    Amanda McGill
    District 26
    471-2610

I see that today (April 1), the legislature did not get to LB 430 in the morning session.  Not sure if there is an afternoon session today, or if we'll have to wait until Thursday.
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Offline Aldo

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Re: LB430 action needed: contact Judiciary Committee
« Reply #107 on: April 01, 2009, 02:59:38 PM »
LB 430 DEBATE STARTING RIGHT NOW.....2:58PM
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Offline Lorimor

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Re: LB430 action needed: contact Judiciary Committee
« Reply #108 on: April 01, 2009, 03:23:47 PM »
Holy smokes!!!  Senator Ashford admits his skepticism was misplaced!!! 
"It is better to avoid than to run; better to run than to de-escalate; better to de-escalate than to fight; better to fight than to die. The very essence of self-defense is a thin list of things that might get you out alive when you are already screwed." – Rory Miller

Offline Jesse T

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Re: LB430 action needed: contact Judiciary Committee
« Reply #109 on: April 01, 2009, 03:35:26 PM »
holy cow i hope somebody got it on tape!
N0ZXR

Offline Lorimor

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Re: LB430 action needed: contact Judiciary Committee
« Reply #110 on: April 01, 2009, 03:50:40 PM »
Newsflash, Senator Council is opposed!!!

McGill doesn't get it either.
"It is better to avoid than to run; better to run than to de-escalate; better to de-escalate than to fight; better to fight than to die. The very essence of self-defense is a thin list of things that might get you out alive when you are already screwed." – Rory Miller

Offline Jay

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Re: LB430 action needed: contact Judiciary Committee
« Reply #111 on: April 01, 2009, 03:59:02 PM »
Sen. Ashford to Sen. Nelson on why 45 days instead of 30 days for a permit to be issued, "Unfortunatley we are dealing with state government here."

LOL
« Last Edit: April 01, 2009, 03:59:52 PM by Jay »

Offline Lorimor

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Re: LB430 action needed: contact Judiciary Committee
« Reply #112 on: April 01, 2009, 04:02:49 PM »
Adjourned for the day.  AM929 passes. 
"It is better to avoid than to run; better to run than to de-escalate; better to de-escalate than to fight; better to fight than to die. The very essence of self-defense is a thin list of things that might get you out alive when you are already screwed." – Rory Miller

Offline ranger04

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Re: LB430 action needed: contact Judiciary Committee
« Reply #113 on: April 01, 2009, 04:11:29 PM »
Maybe Council needs to spend some more quality time on the streets of North Omaha. She refrenced the Burger King robbery in Miami, where the CCW shot the robber, she made him out to be the criminal in my opinion.  She made no refrence to the thug poining the gun at the clerk or CCW... Did you want fries with that armed robbery??? It seemed like all of the law abiding citizens who get a permit will snap and run amuck...I believe that the church issue will be resolved to our satisfaction at a later date. All in all I was pretty happy with the outcome (so far) Ashford surprised me, still don't know what happened there... Stay tuned tomorrow in the AM  To be continued.....

Offline Aldo

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Re: LB430 action needed: contact Judiciary Committee
« Reply #114 on: April 01, 2009, 04:56:05 PM »
My quick notes from the watching/listening to the debate...my wrist hurts from all of the writing real fast; hope it doesn't hurt me for this Saturday's Rock Your Glock  ;)

Sen Christensen opened regarding clarification of Amendment 929 on LB 430: it makes any city/town ordinances null and void; basically the state law supersedes any local ordinances; also, this bill and amendment are limited to just CHP holders and does not include broadly to other guns, thus being in accord to what Lincoln police chief Tom Cassidy has expressed reservations about.

Sen Ashford was initially against cc as a skeptic, but admits that some of the significant fears have not been borne out over time; supports the amendment and the bill in trying to address the confusion of the existing CHP law relative to transportation of cc handguns throughout the state by CHP holders.

Sen Janssen co-sponsored LB 430; prefers the "green copy" (the one without any amendment), but can understand need for clarification that amendment provides, and he requests support; also emphasized that guns are not bad things, and that it is the non-responsible people who don't go for CHP training that lend to the fears, and it is not those who are CHP trained folks; even those here at this hearing are open targets, and he feels safer with CHP holders around in meetings and wherever else he goes; also, people in churches are sitting ducks since there are psychologically disturbed people who attend churches as much as they attend anything else; LB 430 will prevent legal citizens from becoming law breakers.

Sen Stutman was not supporter of CHP when it was initially passed, but since we now have it as law, we now should have a level playing field by allowing CHP holders the ability to travel throughout the state without any confusion of local laws.

Sen McGill doesn't know how will vote on LB 430 but does support the amendment; has talked with folks in the city who have concerns regarding rules of who can own firearms as well as where they can be carried; not the biggest fan of CC, and bringing in CC will not make a place safer and prevent tragedies since psychologically disturbed people will all end up killing themselves anyway and do not fear being shot by someone with a CHP.

Sen Price support the bill; discussed issues regarding military personnel and their family (spouse) relative to: residency of NE and thus qualification for a NE CHP while stationed in another state, the waiting period for military folks especially since they are already familiar with arms, and what is the status of their NE permit should they be relocated to another state.  Sen Ashford said if military person is a resident of NE, then they are qualified for a CHP, and if the individual moves to another state, the individual is still a CHP holder in NE, but it is up to the other state regarding reciprocity.

Sen Hadley asked Sen Christensen to elaborate on the letter from NE State Attorney General; Kearney as a result of that letter changed its 70-year-old law banning cc in Kearney; understands the confusion between different jurisdictions, therefore rises and supports the bill and amendment.

Sen Ashford clarify amendment by Sen Christensen; it is enlarging the ability and opportunity for CHP holders to carry where they previously could not, therefore passage of this bill/amendment will supersede any city ordinances such as Lincoln's about not carrying in city parks and Omaha's registration with the city police department; again, just want to clarify and support LB 430 and the amendment; appreciates Sen McGill's concerns and there will be time between now and Select File to entertain concerns since the Judiciary Committee is always open for business; also, want to clarify that this bill and amendment only pertains to CHP holders.

Sen Lautenbaugh rises and supports the underlying bill; the provisions are important and urges support.

Sen Council am absolutely opposed to LB 430 and any amendements to it; they do not bring safety to society, and am amazed how this body can support bringing in the FBI and other LE agencies and their restrictions, but yet allow CHP holders through this bill to carry anywhere they want to even though cities like Lincoln and Omaha have expressed reservations about places for carrying guns; most of the individuals here who have talked about needing to be strapped in church, well I did some research and found that of those shootings in churches, most of them were law abiding citizens and members or former members of those churches; the evidence does not bear it out about CC making places safer; in short, it is crap; these people who do the shooting are just pissed off people; how about the example of the Miamia Burger King where in Miami one can carry wherever they want, and there was a robber who went into a Burger King during after school hours with tens of children there, and someone in the Burger King with a CHP decides to get into a shootout with the robber, well some here will say it was okay because the robber is dead, but the CHP holder is hanging onto life by a thread because of critical injuries, and if the CHP holder had chosen not to get into a shootout, all that would have happened was a $200 robbery and no one hurt. (NOTE: the timekeeper stopped her because her time ran out).

Sen Lautenburgh one clarification: was for the original bill for churches to decide for themselves; we agreed to the amendment that took out that right so that LB 430 can move on, but I would support in the future that right of the church to choose for themselves.

Sen Nelson intend to vote in support but with the understanding that AM 929 will be revised or reworded to clarify what the cities feel should be protected; also question to Sen Ashford regarding why a 45-day wait instead of a 30-day wait since modern technology and software should allow for a shorter waiting period; Sen Ashford said State Patrol asked for the 45 days.

Sen Korpisek if had been here initially when first CHP bill was considered, would not have supported it, but now it is law and there are now big enough issues that it should be ok to approve the bill and amendment, but am now back on the fence because getting nervous when hearing Sen Christensen talking about coming back next year with an amendment to allow churches to have CC security; am not against guns and open carry, would rather prefer to see the person carrying, but am concerned about CC; so, just go for the vote now and see how it turns out.

Sen Ashford private businesses already have the right to post no carry, so there shouldn't have to be local control by cities; regarding Sen McGill's comments, if CHP holder is in a Lincoln city park and an officer goes to that person and asks about their gun, then the CHP holder just has to present their permit, and obviously that person has been through the CHP training; there are other circumstances such as CC without a permit or other guns like long guns concealed or not that are not permitted as it currently stands.

Sen Christensen closed by asking for vote of support.

VOTE:  27 Yes, 2 No.....(NOTE: I think 15 or 25 no vote....it was tough to see the voting board on my laptop).

Sounded like there might be further consideration tomorrow about another one or two amendments??????....the end of the debate happened so fast, and then the live stream ended.

NE legislature website says there is a "McCoy AM936" filed, a "Judiciary AM835" filed, and a "Price FA24" filed....all pending.  Check out the website to hit those links and read about them......

http://www.nebraskalegislature.gov/bills/view_bill.php?DocumentID=6960

NOTE: McCOY AM835 adds back into the bill the right for a place of worship to authorize its security personnel to CC etc.  PRICE FA24 is a timeline change of some sort but doesn't appear to be a biggie, and JUDICIARY AM835 revises state statute so that CHP holders will NOT be punished for CC as long as they are in compliance with the CHP Act.

I gotta give my wrist a break...and my head....it is swimming!!!!!
« Last Edit: April 01, 2009, 08:50:13 PM by Aldo »
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Offline Wymore Wrangler

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Re: LB430 action needed: contact Judiciary Committee
« Reply #115 on: April 01, 2009, 08:18:14 PM »
Good report Aldo, but was anyone else beside me appalled at the language used by Senator Council!  I'm not a prude, but when these events are televised, or internet streamed, it's plain embarassaing that a senator cannot speak without using profanity...

Offline 00BUCK

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Re: LB430 action needed: contact Judiciary Committee
« Reply #116 on: April 01, 2009, 08:28:01 PM »
Good report Aldo, but was anyone else beside me appalled at the language used by Senator Council!  I'm not a prude, but when these events are televised, or internet streamed, it's plain embarassaing that a senator cannot speak without using profanity...
I was not surprised to hear it. Like someone over at ccwne said ... "You aren't fooling anyone with the wig Ernie, we can still see your moustache"

Offline Dan W

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Re: LB430 action needed: contact Judiciary Committee
« Reply #117 on: April 01, 2009, 08:42:07 PM »
Great job Aldo. And thanks for keeping us that could not watch informed.
Dan W    NFOA Co Founder
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Offline Burnsy87

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Re: LB430 action needed: contact Judiciary Committee
« Reply #118 on: April 01, 2009, 11:08:32 PM »
Hell of a write-up, thank you very much!

Offline Aldo

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Re: LB430 action needed: contact Judiciary Committee
« Reply #119 on: April 02, 2009, 11:25:19 AM »
OK, today (April 2) was it; the whole kit and kaboodle passed, including the re-inclusion of allowing churches the right to choose for themselves.

For what it is worth, here's the notes I took if you're interested:

AMENDMENT 936

Sen McCoy introduced Amendment 936 to allow places of worship to have security personal with CCW.

Sen Wightman asked Sen Christensen couple of questions about ccw history and background check process; Sen Christensen explained the background check process; Sen Wightman said that he will support LB 430 and Sen Christensen's amendment from yesterday but nothing further; stated that NRA camel has been getting under the tent too much; he doesn't feel any safer with people who have CHP; he believes that cities should have the right to have local control, yet he will support Sen Christensen's amendment to allow state to supersede the cities for CCW transportation.

Sen White rose in support of Sen McCoy's amendment; church is a place of refuge from violence and it is a place of peace and forgiveness, but his own church has suffered from victimization and vandalism; and church history reflects long history of violence and hatred against the church; if church deems it necessary to have a security officer be it hired or a CHP holder, then he supports the church's right to decide for themselves.

Sen Schilz supports McCoy's amendment; one has to be able to defend oneself; the country's forefathers meant for citizens to have the right to defend themselves.

Sen McCoy yes, churches have had a long history of victimization; his amendment gives the church the right to choose; this amendment is stricter than other states who have similar amendments.

Sen Council rises in opposition to the amendment and the underlying bill; in the same historical context, when this legislative body passed the original CC bill, the church was identified as one of the specific places to prohibit CCW; what is really being sought by this legislation? we are being told that law abiding citizens with CHP will become law breakers with the current wording of the CHP law; refer others to existing statute that already provides provisions to protect the CHP holder who is at the intersection between jurisdictions with different city laws...(NOTE: timekeep stopped her because time was up).

Sen Stuthman as said yesterday, he did not support the original bill in the past for CCW, but he now does support Sen Christensen's amendment regarding travel in state by CHP holder, but not sure yet regarding the McCoy amendment; question to Sen McCoy regarding how many churches have 24/7 security at the present time; Sen McCoy was not sure but said that NE has megachurches with large family sizes, such as his own church, and there is security at his church and others; Sen Stuthman made point that churches already now have security; question to Sen Council regarding clarification that as long as CHP holder stays in the vehicle with the CCW, then that individual is exempt from being against the law; Sen Council said yes as long as the gun is not removed from the vehicle; Sen Stuthman said that answers the concerns of his constituents.

Sen Harms question to Sen McCoy: he (Harms) is still struggling with the amendment relative to what is happening to the House of God and to the country; so it offends him in a sense, especially relative to the term security personnel since there currently is no training or certification process for security personnel, and we need to first define it; in the urban areas this may be fine, but he has concern regarding rural areas; Sen McCoy said that the US Dept Homeland Security held a conference recently regarding security at churches, and that security teams are usually retired or off-duty LEO and military; Sen Harms said that is an issue with small churches.

Sen McGill supports uniformity regarding travel in the state for CHP holders, but is against this McCoy amendment; each year there will be further erosion with more and more requests and exemptions, for example political rallies; if someone wants a gun in the church, then just don't conceal it, and that is the answer.

Sen Hansen question to Sen McCoy to describe security at his church and how it would change if this amendment passes; Sen McCoy says his church has off-duty Douglas County LEO armed and located at each entrance; Sen McCoy clarified that his amendment is not intended to supplant security personnel but rather to enhance it; Sen Hansen said he supports the amendment, and that even though his own church is small and would not elect to have armed security, he does support it for other churches who choose to do so.

Sen McCoy 38 other states already allow or will be allowing CC in places of worship; his amendment would be the most restrictive of all of those states; it is important to allow the churches the ability to protect itself; there has not been one incident of accidental discharge anywhere in this country in churches; in 2007 in a Colorado church, there was an individual who came into the 7,000 member church armed with 1,000 rounds, and the person was stopped by one armed security person.

Vote was started on McCoy Amendment 936, and when it reached 15 yes, 12 no, and 19 no vote, a Senator made a "call to house" that required all unauthorized personnel to leave the legislative floor.  Sen McCoy requested a roll call (NOTE: it went too fast to jot down votes by names...I wasn't prepared with a list beforhand....sorry); a roll call vote tally was 29 yes, 15 no, and 3 no vote to approve AM936.

FLOOR AMENDMENT 24

Sen Flood introduced the amendment regarding a timeline for military personnel applications.

Sen Christensen said committee did not deal with that issue in the original bill and was amenable to allowing it to be removed.

Sen Price closed asking for support.

Vote: 33 yes, 3 no, and 11 no vote to approve FA24.

AMENDMENT 940

Sen Price introduced the amendment relative to military members and spouses who are NE residents but stationed outside of NE not being able to apply for a CHP, and that amendment would allow for application to be done without being present in the state.

Sen Whitequestion to Sen Price: key to the CHP permit is proper training and background check; how would this be done in these situations? Sen Price said he will look into the background check, and perhaps the out-of-state training would suffice, but this amendment pertains strictly to residency issue.  Sen White said he was still concerned with the background check and training processes; he emphasized need to have person physically present for both, and that this amendment destroys the essence of the CHP process.

Sen Price also supports these assertions regarding training and background check; he does not want to erode the CHP process, and was willing to withdraw his amendment and bring it back on Select File.

AM940 was put into pending status.

SEN ASHFORD TO CLOSE ON AM835 AND LB 430

Sen Ashford urges members to support the amendments and bill; he appreciates the concerns expressed by Sen Council and Sen McGill regarding their respective cities, and it would be appropriate between now and Select File to list those concerns relative to State Statute, for example stalkers would not be permitted to have CHP.

Vote on adoption of committee amendments: 39 yes, 2 no, and 6 no vote.

Sen Christensen if there are concerns, please bring them before the next two votes.

Vote for LB 430 to advance to Enrollment and Review Initial: 40 yes, 4 no, 4 no vote.

NE Legislature definitions from their glossary:

Enrollment and Review Initial (E&R for Review): the enrollment and review process that a bill undergoes after it is advanced from General File.

Enrollment and Review Final (E&R for Engrossing): the enrollment and review process that a bill undergoes after it is advanced from Select File.  During this stage, the bill is engrossed and reprinted for Final Reading.

Select File: the second stage at which a bill is considered by the entire Legislature. Bills on Select File may be amended, returned to committee, indefinitely postponed or advanced to Final Reading.

Final Reading: the third and last stage at which a bill is considered by the entire Legislature.  The clerk reads the entire bill aloud, unless final reading is waived, and senators vote without debate on whether to submit the bill to the governor.

SO, FOLKS, WE CAN'T LET UP YET ON OUR CONTACTING STATE SENATORS.  THIS IS GREAT THAT LB 430 AND AMENDMENTS MADE IT TO THIS POINT, BUT THERE IS POTENTIAL AND PROBABILITY FOR CHANGES OR WORSE TO STILL BE DONE.   STILL CONTACT THE SENATORS AND KEEP UP THE SUPPORT!!!

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