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

[Aldo]

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

Excellent!  Thanks for sharing that info from Sen Avery, Fly!!  That must be why Sen Christensen is sounding fairly confident that he has the votes.  I can only assume that he must be working with other key Senators as well.

Again, thanks for sharing, Fly.

[OnTheFly]

Here is what I sent to the Senators (excluding Christensen and Avery)...

Dear Senator XXXXX,
 
I am in the process of writing every Nebraska Senator expressing my support for the common sense legislation introduced in LB430 along with the recent amendments AM1105 and AM1132.  Even though I am not a constituent in your district, I would like to emphasize how important this proposed legislation is to the law abiding citizens of Nebraska.
 
The naysayers who opposed conceal carry legislation when it was introduced made wild claims of increased crime and violence should it be passed.  Since the inception of concealed carry law in Nebraska, and across the nation for that matter, there has been NO significant increase in crime or violence that can be directly attributed to these laws.  This is not to say that permit holders have not broken the law, rather the laws broken are not a direct result of their permit.  On the other hand, if you look beyond the liberal bias of the media, you can read on a daily basis about how law abiding citizens have used firearms to protect themselves or their loved ones.
 
Regarding LB430, AM1105, and AM1132.  This bill and the proposed amendments are 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 understand the intent of the current law; however, the citizens who have gone to the trouble of acquiring a conceal carry permit are not the threat.
 
I would ask that you support LB430 and Senator Christensen's common sense amendments.
 
Sincerely,

Hopefully it will do some good.

Fly

[ranger04]

I called Christensen's and Sturthmans offices expressing my support for the amemdment. I also told Christensen's aide that he needs to share the water or Koolaide that he is drinking because that has to be the reason for these "common sense" bills coming out of his office. She got a laugh out of that. Sounded like she was fielding quite a few calls & that people were not too happy. Not sure if they were related to this latest amedment , she did not elaborate. But it IS a good amendment and we need to support it. This bill went from being great to pretty good to great again.

[Josh1776]

I just emailed and also wrote hardcopy letters to mail to the Judiciary Committee.

[DanClrk51]

Good job everyone! Keep it up! And special thanks to Aldo for all the vigilance and activism on your part. I guess I will send out another letter to the Senators to support AM1132 as well.

[Aldo]

OK, folks.....here we go!  LB 430 is now on the agenda for Thursday, April 23!!!

If you have internet access, you can watch it live at:
http://www.netnebraska.org/publicmedia/capitol.html

....or you can watch it live on NET tv...whatever channel that is for your area.

Here is the NE Legislature website for the agenda; LB 430 is not up right away, but at least it is out of the gate and out on the tarmac:
http://www.nebraskalegislature.gov/FloorDocs/Current/PDF/Agenda/nextagenda.pdf

Here is what the agenda looks like in case you don't want to go to the website:

NEBRASKA UNICAMERAL LEGISLATIVE AGENDA
Sixty-seventh Day
Thursday, April 23, 2009 One Hundred First Legislature
9:00 a.m. First Session
Prayer by the Chaplain
Call to Order ? Roll Call
Corrections for the Journal
Messages, Reports, Announcements

SELECT FILE: 2009 SENATOR PRIORITY BILLS ? ?SULLIVAN DIVISION?
LB 98 (Carlson) Change noxious weed grant programs and the Riparian Vegetation Management Task
Force
LB 98A (Carlson) Appropriations Bill
LB 420 (Hadley) Change a sales tax exemption relating to nonprofit organizations
LB 159 (Gay) Provide an income tax credit for long-term care insurance policy premiums
LB 159A (Gay) Appropriations Bill
LB 489 (Sullivan) Adopt the Area Health Education Centers Act
LB 489A (Sullivan) Appropriations Bill

SELECT FILE: 2009 COMMITTEE PRIORITY BILLS ? ?ADAMS DIVISION?
LB 679 (Legislative Performance Audit Committee) Require certain disclosures from potential members of
the State Foster Care Review Board
LB 198 (Stuthman) Adopt the Reduced Cigarette Ignition Propensity Act
LB 322 (Avery) Prohibit nepotism and supervision of family members by executive branch officials and
employees
LB 549 (Adams) Change provisions relating to schools

SELECT FILE: 2009 SPEAKER PRIORITY BILLS
LB 246 (Dubas) Provide for a statewide strategic plan for biotechnology and repeal the Biopower Steering
Committee
LB 440 (Council) Change diversity criteria under the Student Diversity Scholarship Program Act

SELECT FILE: 2009 SENATOR PRIORITY BILLS ? ?WHITE DIVISION?
LB 430 (Christensen) Change provisions relating to the Concealed Handgun Permit Act
LB 551 (White) Extend the limiting age on sickness and accident insurance policies

SELECT FILE: 2009 SPEAKER PRIORITY BILLS
LB 56 (Fischer) Change the Livestock Waste Management Act
LB 162 (Cornett) Change provisions relating to contractor registration and income tax withholding

SELECT FILE: 2009 COMMITTEE PRIORITY BILLS ? ?FULTON DIVISION?
LB 436 (Haar) Provide for net metering of electricity
LB 497 (Fulton) Change ignition interlock device provisions and penalties
LB 497A (Fulton) Appropriations Bill

12:30 P.M. -- ANY SELECT FILE BILL LISTED ABOVE, WITHOUT AN AMENDMENT OTHER THAN AN E & R
AMENDMENT, WILL BE VOTED UPON FOR ADVANCEMENT.
RETURN TO AGENDA AT LOCATION LEFT PRIOR TO 12:30 P.M.

GENERAL FILE: 2009 SENATOR PRIORITY BILL
LB 160 (Gay) Authorize issuance of flood protection and water quality enhancement bonds by natural
resources districts

GENERAL FILE: 2009 COMMITTEE PRIORITY BILLS ? ?LATHROP DIVISION?
LB 630 (Business and Labor Committee) Change workers' compensation medical fee and procedural
provisions

GENERAL FILE: 2009 SENATOR PRIORITY BILL
LB 307 (Council) Change sentencing requirements with respect to certain minors

GENERAL FILE: 2009 SPEAKER PRIORITY BILLS
LB 9 (Wightman) Exempt biofuels used for irrigation and farming purposes from sales tax
LB 494 (McCoy) Change provisions relating to dangerous dogs

GENERAL FILE: 2009 COMMITTEE PRIORITY BILLS ? ?PAHLS DIVISION?
LB 288 (Health and Human Services Committee) Change provisions relating to health and human services
LB 16 (White) Adopt the Taxpayer Transparency Act
LB 16A (White) Appropriations Bill
LB 241 (Pahls) Change the Commercial Dog and Cat Operator Inspection Act

GENERAL FILE: 2009 SENATOR PRIORITY BILL ? ?PIRSCH DIVISION?
LB 671 (Pirsch) Provide powers and duties and change membership of the Nebraska County Attorney
Standards Advisory Council relating to death investigations
LB 476 (Stuthman) Adopt the Center for Student Leadership and Extended Learning Act
LB 476A (Stuthman) Appropriations Bill
LB 285 (Pirsch) Change Sex Offender Registration Act provisions

GENERAL FILE: 2009 SENATOR PRIORITY BILLS ? ?PANKONIN DIVISION?
LB 633 (Mello) Create the Neighborhood Development Act
LB 342 (Gay) Provide duties for the Department of Health and Human Services relating to payment for
pediatric feeding disorder treatment
LB 568 (Dubas) Provide requirements for wind leases and easements
LB 134 (Pankonin) Change natural resources districts eminent domain powers

LEGISLATIVE RESOLUTION(S) ELIGIBLE FOR ADOPTION PURSUANT TO RULE 4, SECTION 5(B)
LR 92 (Pirsch) Declare May 1, 2009, as "Keep Kids Alive-Drive 25 Day"
LR 93 (Dubas) Extend sympathy to the family of Merle Hansen
LR 94 (Price) Congratulate Xavier Metzger for earning the rank of Eagle Scout
Messages on the President?s Desk
Adjourn until Monday, April 27, 2009 at 10:00 a.m.

[OnTheFly]

After writing 47 senators individually (ok...I cut and pasted, but it still took a while), these are the responses I have received.  So far, fairly positive.

Greg,

Will do.  This is my priority bill, and I am working closely with Sen. Christensen to ensure its passage.
Thanks for your support.

Thanks for the email Mr. Lamb.
Sen. Pirsch

Thanks Greg. I am the co sponsor of this legislation. Charlie

Oops...my bad. 

Mr. Lamb: I voted for this and continue to support it.

Dear Mr. Lamb:
 
I do not share your opinion on the importance of this legislation.  Indeed, I don't even share your opinion on the necessity of this legislation.  So, it should come as no surprise that I have not and will not vote to enact any portion of LB 430.

Big surprise there.

Mr. Lamb-

I am and have always been supportive of LB 430.

[FarmerRick]

We're up!!

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

[Jesse T]

please feel free to give those of us who can't watch some updates

Thanks all you who have time and are available to watch!  I wish I was!

[FarmerRick]

Sen. Nantkes and Sen. Friend are bickering back and forth about judicial review and other crap that has nothing to do with LB430.


Going ok so far.

[FarmerRick]

AM1192 and FA31 have been introduced by Sen. Christensen.  They change some wording including changing that you have to stow the gun before entering a university parking lot. Also, saddlebags must be "hardened".

http://www.nebraskalegislature.gov/FloorDocs/Current/PDF/AM/AM1192.pdf
http://www.nebraskalegislature.gov/FloorDocs/Current/PDF/AM/FA31.pdf

[FarmerRick]

AM1192 passes 37-0-9


FA31 is up for debate now

[FarmerRick]

Sen. Council speaking.   Says current law is good enough for passage, same as she spoke about before. 

Sen. Friend talking about cloture, filibuster, blah, blah, blah. Not adding to the debate at all.

[OnTheFly]

They change some wording including changing that you have to stow the gun before entering a university parking lot.

Does this include ALL schools or just universities?

Fly

[OnTheFly]

They change some wording including changing that you have to stow the gun before entering a university parking lot.

Does this include ALL schools or just universities?

Fly

Or were you speaking of the requirement of securing the firearm BEFORE exiting the vehicle?

Fly

[FarmerRick]

FA31 passes, 36-0-9

Back to AM1132 as amended,

Christensen closing on AM1132

[FarmerRick]

AM1132 passes 36-0-10

Debate on LB430 begins

[Jesse T]

http://nebraskalegislature.gov/FloorDocs/Current/PDF/AM/AM1132.pdf

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
1 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".
-

Just says school.

Defined in LB993 as:

(7) School means a public, private, denominational, or
6 parochial elementary, vocational, or secondary school, a private
7 postsecondary career school as defined in section 85-1603, a
8 community college, a public or private college, a junior college,
9 or a university;

So, sounds to me like you can drive through any school parking lot you want, anywhere in the state, if you don't leave the vehicle. If you DO leave the vehicle, you must lock the gun as perscribed.  I am a little confused though, I drive an SUV, have no trunk, glovebox lock, or other.  Is my gun considered locked in the glovebox if placed in an unlocked glovebox or closed center console, with the vehicle being locked?

[FarmerRick]

They change some wording including changing that you have to stow the gun before entering a university parking lot.

Does this include ALL schools or just universities?

Fly

Or were you speaking of the requirement of securing the firearm BEFORE exiting the vehicle?

Fly

Universities only, elementary and high schools are prohibited by federal law, per what was said in the debate.  Yes, on the above concerning securing before.


LB430 advances to E&R for engrossing!

[Jesse T]

thanks rick!!!!