LB430 UPDATE 5/13/09: LB430 Passes 45-3; thank the Senators

[huskergun]

I hope this thing doesn't get amended to death.

[Aldo]

LB 430 should be re-scheduled for the end of next week according to Senator Fulton's response to my e-mail query (see below):

• Dear Senator Fulton,
  
  Would you provide me with an update regarding the status of LB 430 since its last debate on April 7 when Sen Avery introduced AM 835 which was adopted?
  
  Is it scheduled to come to the floor again this session?
  
  Also, since AM 835 now has a re-definition for "school" that includes universities, how am I as a concealed carry permit holder expected to drive onto university properties to pick up my son from the university?
  According
  to the amendment, I am not even allowed to park the car and leave my handgun locked in a gunbox or glovebox in the vehicle?
  
  Thanks for taking the time to stay in touch with me about the progress of LB 430, and I look forward to hearing from you.
  
  Regards,
  
  XYXYXXY
  Lincoln
  
  
• XYXYXYX,
  
  The bill will likely be scheduled late next week by the Speaker.  It is a matter left to the Speaker when and when not to schedule bills.  I have spoken with him, and our bill is fine.  It is going to be scheduled, and it will pass.
  
  Regarding school, that actually was something that existed in the original CCW law...I don't know why it needed amending again.  I did not support it, but I also don't want to pick a fight that could hamper the bill's chances of passing.  I figure we have a bill that is 95% good...I plan to leave well enough alone.
  
  You raise a good point.  There is also the reality that in the last tragic school shooting, there was already a gun ban (Virginia Tech).
  
  Senator Tony Fulton
  Nebraska Legislature, District 29 (Lincoln) Office 2107
  402-471-2734
  

• Dear Senator Fulton,
  
  Thank you for your prompt response!  Greatly appreciated for all that you are doing to move LB 430 along.
  
  Thanks also for the explanation.  Sometimes it is best to remember the ultimate end goal which is the preemption of state law (LB 430) over any city or local ordinances regarding the transportation of a handgun by a concealed handgun permit holder.  It will be good to finally have that aspect clearly stated.  And there will also be the other provisions relative to the processing of permits, residency of military personnel stationed in NE, and reciprocity with other states (which should ultimately be of benefit for NE concealed handgun permit holders).
  
  There is always the future for other bills as citizens and lawmakers continue to realize that concealed handgun permit holders are not the problem-makers with guns.
  
  Again, thank you for the updated information.  If you don't mind, please keep me posted regarding the date of when the bill come back to the floor.  I will also do my best to watch the NE legislature website, too.
  
  Regards,
  
  XYXYXYXX
  Lincoln
  

I also received this response from Senator Christensen:

• XYXYXYXX
  
  I expect LB430 back next week and no additional changes.
  
  I will read a page long legislative history and expect the bill to move second round to final. There will be no way at this time to carry with my interpretation.
  
  I have visited with University and trying to get a hour or 24 hour exemption in the vehicle. Thanks for your email. I am working on this.

SO, ALTHOUGH NOT THE BEST RELATIVE TO WHAT I PERSONALLY WOULD LIKE TO SEE REGARDING PLACES OF WORSHIP AND UNIVERSITY, AT THIS POINT I WOULD RATHER HAVE IT PASSED SO THAT WE CAN TRAVEL THROUGHOUT THE STATE WITHOUT THAT YOCO-LOCAL STUFF OF OMAHA, ETC.  ALSO, THE RECIPROCITY WITH OTHER STATES WILL BE ICING ON THE CAKE.

EVEN THOUGH SEN FULTON FEELS THAT IT WILL PASS, IT WON'T HURT TO STAY IN TOUCH WITH THE SENATORS RIGHT TO THE VERY END!

Cool

[A-FIXER]

Did it couple of weeks ago, thanks gang....

[Dan W]

Thanks for the update Aldo.

As much as I hate to admit it, the fix appears to be "in" ever since the NRA  and Brad Ashford conspired with the Legislators to pass LB97( http://www.unicam.state.ne.us/bills/view_bill.php?DocumentID=542 ) in 2007, putting colleges and universities on the banned places list for CCW.

I concede that we probably can't win the battle at this time. Avery's bill (LB145) which is the basis for the amendment banning firearms on all school grounds, was likely to pass on it's own, even if it had not been tacked on to LB430.

I will take the win on LB430, and live to fight another day on the campus carry issues.

Remember that the Unicameral cycles every 2 years, so it will be a while before that fight can be renewed

[averagejoe]

This is what I received from Sen Langemeier's office yesterday:
...Thank you for your inquiry to our office regarding LB 430.  My name is Craig Breunig and I am the Legislative Aide for Senator Chris Langemeier.  He asked that I respond to you.  At this time LB 430 is still in the second stage of debate by the full Legislature otherwise known as Select File.  The bill is not dead and debate on this measure will be resumed this year at some point.  Craig Breunig

[Aldo]

Whoa!!!!  Check it out. Sen Christensen today (Monday, April 20) filed a pending amendment (AM1105) to Sen Avery's Amendment AM835 of LB 430.  Apparently it will allow for a concealed handgun permit holder to bring his/her handgun onto a parking lot of a school and be allowed to keep it locked in the vehicle without being in violation except where prohibited by federal law.  May we assume that this is the case even when the CHP holder leaves the vehicle (e.g., if the CHP happens to be a school "university" employee)?

NE Legislature LB 430 status page:
http://www.nebraskalegislature.gov/bills/view_bill.php?DocumentID=6960

Sen Christensen's AM 1105 document page (pdf document):
http://www.nebraskalegislature.gov/FloorDocs/Current/PDF/AM/AM1105.pdf

AM1105 AM1105
LB430 LB430
NPN-04/20/2009 NPN-04/20/2009
AMENDMENTS TO LB 430
Introduced by Christensen, 44.
1 1. In the Standing Committee amendments, AM835, on page
2 22, strike beginning with "A" in line 1 through the period in line
3 4, show as stricken, and insert
4 "(3) A permitholder carrying a concealed handgun in a
5 vehicle or on his or her person while riding in or on a vehicle
6 into or onto any parking area, which is open to the public, used by
7 any location listed in subdivision (1)(a) of this section, does not
8 violate this section if the handgun is not removed from the vehicle
9 and is locked inside the vehicle while the vehicle is in or on such
10 parking area. This subsection does not apply to any parking area
11 used by such location when the carrying of a concealed handgun into
12 or onto such parking area is prohibited by federal law.
13 (4)"; and in line 7 strike "(3)", show as stricken, and
14 insert "(5)".
15 2. In the Avery amendment, AM993, on page 4, line 4,
16 strike "or" and show as stricken; and in line 7 after "vehicle"
17 insert ", or (f) a handgun carried as a concealed handgun by a
18 person who is a valid holder of a permit issued under the Concealed
19 Handgun Permit Act in a vehicle or on his or her person while
20 riding in or on a vehicle into or onto any parking area, which is
21 open to the public, used by a school if the handgun is not removed
22 from the vehicle and is locked inside the vehicle glove box or
23 trunk while the vehicle is in or on such parking area, except as
prohibited by federal law".
AM1105 AM1105
LB430 LB430
NPN-04/20/2009 NPN-04/20/2009

[Dark Helmet]

I've heard some rumors of this for a while... good to see it showing up finally!

[Wymore Wrangler]

I'm extremely happy with this, hope it flys....

[DanClrk51]

Great! Now everybody write your Senators again to support this new amendment! It does pay to bug them. If enough people complain the majority will listen.

[Rich B]

E-mails sent to my senator and fellow like-minded citizens.

[DanClrk51]

Dear Senators,

Senator Mark Christensen has introduced AM1105 to LB430. This amendment would make an exception for Concealed Handgun Permit holders to keep their concealed handgun locked in their vehicle when parked on school/college/university property.

As a Concealed Handgun Permit holder and university student, I travel not only to the university but to other places as well throughout the day. To require me to not have my concealed handgun in my vehicle while it is parked on university property is unfair and unreasonable since I have already gone through an extensive background check and have received training in the law and firearms use. It would be ridiculous to require me to have to go home to drop off my concealed handgun everytime I planned on going to the University for classes or errands.

Therefore, I would ask for your support of Senator Christensen's AM1105 to LB430. Please vote for AM1105 and for passage of LB430 into law. Thank you for considering this bill.

[OnTheFly]

AM1105 is just what we needed.  I hope it goes through.  I've written my senator, Bill Avery, in the recent past regarding LB430, and I plan to write him regarding AM1105.  Just one question...do you folks just right to your senator, or do you do all senators and/or committees?

Thanks,
Fly

[Aldo]

AM1105 is just what we needed.  I hope it goes through.  I've written my senator, Bill Avery, in the recent past regarding LB430, and I plan to write him regarding AM1105.  Just one question...do you folks just right to your senator, or do you do all senators and/or committees?

Thanks,
Fly

Fly, each has their own flavor as to whom they will write. Just my opinion, but I write to each individual Senator rather than a "group" e-mail...take a little longer, but it makes it personal when one opens the e-mail with their personal salutation identified at the beginning.  I even send to those who I know are ding-bats (Council, McGill as examples...especially the latter one since she is my area's representative) just so they know that there are quite a few folks out there who support the bill....otherwise the ding-bats will only hear from their fellow ding-bats.  If we don't take the time to do action and speak up, then ding-bats come out on top....check out our Fed govt!!!  The ding-bats came out of the walls to vote more so than folks with full brain functions.  But that's just my opinion and modus operandum.  Cut and paste works wonders....beats the old days of typing things out and snail mailing.

[Aldo]

I wrote to both Sen Christensen and Sen Fulton regarding this AM 1105.  So far I have only heard back from Sen Fulton:

• Dear Senator Fulton,
  
  On the NE Legislature website today I noticed that Senator Christensen filed a pending amendment (AM 1105) to LB 430.  Am I reading/interpreting it correctly that a NE CHP holder will be allowed to bring their handgun onto a school parking lot as long as it is locked in a compartment?  And, as a university employee, will I as a NE CHP holder be able to keep my CCW locked in the car's lockbox while I go into my place of employment on campus for the day?
  
  This is great news if I am interpreting it correctly!  Do you feel that this amendment will have the support of the other Senators?  Should I and my colleagues continue to write to NE Senators to request their support of this amendment?
  
  Thank you in advance for taking the time to read my e-mail and address my questions.  I look forward to your response!
  
  Regards,
  
  XYXYXYXYX
  Lincoln
  
  
• XYXXYXXY,
  
  That's the intent.  I haven't read his amendment yet, but he (Sen Christensen) is trying to clarify a little more within the law...as we have the votes to do so we think.  I'll review the amendment, but I spoke with Sen Christensen, and this is his intention.
  tony
  
  Senator Tony Fulton
  Nebraska Legislature, District 29
  Office 2107
  402-471-2734
  

[OnTheFly]

Oh heck...there's only 49 senators.  Maybe I will just send each of them an individual note.

Thanks,
Fly

[OnTheFly]

Here is my first email to Sen. Avery...

Dear Senator Avery,

Since our correspondence, AM1105 has been introduced by Sen. Christensen.  This amendment is just what is needed for the conceal carry permit holders to live their day-to-day lives, but still exercise their right of self protection. 

In my case, I have children in the LPS system.  When I pick up my children, I can't even drive through the parking area.  I have to park across the street or remove/secure the firearm in the back of the vehicle.  The option of disarming is a bad idea for a couple of reasons.  First, the more a gun is unnecessarily handled, the higher the chance for a negligent discharge.  Secondly, this would be an awkward task and one that is difficult to do without possibly alarming my fellow citizens.

I would ask that you support Sen. Christensen's common sense amendment to LB430.

Thank you,

[Aldo]

Hey. Things are really cookin' up. Sen Christensen has now (Tuesday, April 21) made ANOTHER amendment AM 1132 that further clarifies his recent AM 1105. AM 1132 seems to be adding a couple of user-friendly additions re 1) lock boxes (since AM 1105 was only identifying glove compartments), 2) motorcycles with lockable compartments, and 3) if the CHP holder leaves the vehicle, it's okay to have the handgun locked in the vehicle. He's staying right on top of this to make this bill as clear as daylight!! Kudos to Sen Christensen.

NE Legislature website re LB 430 and latest AM 1132 (April 21, 2009):
http://www.nebraskalegislature.gov/bills/view_bill.php?DocumentID=6960

Sen Christensen's AM 1132 from today (April 21, 2009),,,pdf document:
http://www.nebraskalegislature.gov/FloorDocs/Current/PDF/AM/AM1132.pdf

Here is the document for today's (April 21) amendment:
AM1132 AM1132
LB430 LB430
NPN-04/21/2009 NPN-04/21/2009
AMENDMENTS TO LB 430
Introduced by Christensen, 44.
1 1. In the E & R amendments, ER8052, on page 22, strike
2 beginning with "A" in line 13 through the period in line 16, show
3 as stricken, and insert
4 "(3) A permitholder carrying a concealed handgun in a
5 vehicle or on his or her person while riding in or on a vehicle
6 into or onto any parking area, which is open to the public, used
7 by any location listed in subdivision (1)(a) of this section, does
8 not violate this section if, upon exiting the vehicle, the handgun
9 is locked inside the glove box, trunk, or other compartment of the
10 vehicle, a storage box securely attached to the vehicle, or, if
11 the vehicle is a motorcycle, a saddle bag or compartment securely
12 attached to the motorcycle. This subsection does not apply to any
13 parking area used by such location when the carrying of a concealed
14 handgun into or onto such parking area is prohibited by federal
15 law.
16 (4)"; and in line 19 strike "(3)", show as stricken, and
17 insert "(5)".
18 2. In the Avery amendment, AM993, on page 4, line 4,
19 strike "or" and show as stricken; and in line 7 after "vehicle"
20 insert ", or (f) a handgun carried as a concealed handgun by a
21 person who is a valid holder of a permit issued under the Concealed
22 Handgun Permit Act in a vehicle or on his or her person while
23 riding in or on a vehicle into or onto any parking area, which
is open to the public, used by a school if, upon exiting the
2 vehicle, the handgun is locked inside the glove box, trunk, or
3 other compartment of the vehicle, a storage box securely attached
4 to the vehicle, or, if the vehicle is a motorcycle, a saddle bag or
5 compartment securely attached to the motorcycle while the vehicle
6 is in or on such parking area, except as prohibited by federal
7 law".

[Aldo]

Whewwweee! Roller coaster time!!!! Senator Christensen wrote (see below) that LB 430 will be heard tomorrow (Wed, April 22) as long as today's bills are finished up.

He also stated that both the university and the cities "are on board" with his latest amendments to LB 430!!!!!! 

"XYXYXXY,

The bill will be heard tomorrow if LB545 is finished today. I should have votes to take care of this. The university and cities are on board!

Senator

Mark Christensen"

[Aldo]

The other bills on today's agenda did not get finished.

Here's the pdf document for tomorrow's agenda (Wednesday, April 22), and LB 430 is NOT scheduled.  Remember, Sen Christensen in his e-mail said that it would get scheduled for tomorrow if the other bills (particularly LB 545) get finished.  So, perhaps for Thursday, April 23.

http://www.nebraskalegislature.gov/FloorDocs/Current/PDF/Agenda/nextagenda.pdf

Hey, it's gonna get on there.....real soon....and hopefully approved as quickly as well.  Let's get this bill behind us and move on.  It will be a GREAT accomplishment when that happens, and many thank yous need to go to the Senators who vote in its favor...and certainly to Sen Christensen!

Let's stay vigilant....it won't hurt to keep in contact with the Senators on LB 430 and Sen Christensen's amendments!

[OnTheFly]

From Senator Avery...

Greg,
I have been working with Sen. Christensen on amending LB 430 to satisfy colleges and universities. They have a legitimate concern about loaded weapons in school parking lots.  The amendment will allow guns in school parking lots, but they must be in a locked compartment (glove box, trunk, toolbox, etc.) when permit holder is not in the vehicle. So you would be able to enter a school parking with a concealed weapon, so long as you do not leave your vehicle.
Sen. Bill Avery

Sounds like Avery won't try to block it.

Fly