By PAUL HAMMEL
Nebraska Examiner
LINCOLN — Gun rights advocates flexed their legislative muscle Friday as a “permitless” concealed carry bill, which has failed to pass in previous years, was given first-round approval.
Legislative bill 77, which would allow people to carry a concealed weapon without a state permit or passage of a gun safety course, overcame a filibuster and was advanced on a 36-12 vote.
The bill overcame opposition from leaders of the state’s two largest cities, Omaha and Lincoln, and illustrated the conservative shift this year in the 49-seat Unicameral.
It was unclear whether or not Friday’s vote provides momentum for passage of a wide array of conservative proposals this year, ranging from further restrictions on abortions, a ban on minors attending drag shows and a move to block investments based on environmental considerations.
The Nebraska Legislature shifted to the right this year with the exit, due to term limits, of a group of moderate leaders. A raft of “culture war” style bills were introduced, addressing trans rights, classroom education about race and new optimism for long-defeated ideas, such as providing public funds for private schools and the so-called “constitutional carry” gun bill.
The main sponsor of LB 77, State Sen. Tom Brewer of Gordon, a decorated veteran, competitive shooter and long-time gun rights advocate, said gun rights is probably a different issue from the others.
But, he added, a new wave of conservative senators this year definitely has helped the prospects for the measure, which has failed repeatedly in recent years.
During debate over three days, Brewer argued that law-abiding Nebraskans should not have to pay — $100 for a state concealed carry permit and $100-$200 for a training course — to exercise their constitutional right to bear arms.
And, he pointed out, it’s already legal to carry a firearm openly in Nebraska, except in businesses and other places where it is prohibited. At least one advocate called LB 77 a “slight” change in state law.
“Please, just stop, take a deep breath, and recognize that you can openly carry,” Brewer said. “You put on a coat, and you become a criminal, or you drive through a different town.”
“We just want to clean up the laws so you can protect yourself, your family and your business,” the senator said.
But opponents insisted that LB 77 would “normalize” the proliferation of guns and gun violence.
Lincoln Sen. Jane Raybould said the bill would make guns more accessible for people who want to do harm to others or to harm themselves.
“The states with the most guns … they report the most suicides,” said Raybould, and states with stricter gun laws report less gun violence.
Nebraska has the 10th lowest rate of gun-related deaths, according to the Centers for Disease Control, behind states such as California, New York and New Jersey. The states with the highest rates of gun deaths include Mississippi, Louisiana and Missouri.
Omaha Sen. Megan Hunt, who voted against advancing LB 77, said that given the “scourge” of mass shootings in recent months, it wasn’t the time to expand gun rights.
Sen. George Dungan of Lincoln, who also voted no, said people are enraged after every new mass shooting in the country and they wonder why policies don’t change.
“There’s a generation of people asking us to do something,” Dungan said.
Brewer and other advocates, though, maintained that LB 77 had nothing to do with the proliferation of guns and gun violence in the U.S.
They said that Nebraskans who want to purchase a handgun will still have to obtain a state permit and submit to a criminal background check.
If LB 77 clears two more rounds of debate and is signed into law, Nebraska will become the 26th state in the nation to allow so-called “constitutional carry.”
“We’re not the first,” Brewer said, adding that in states that have passed similar laws, “life goes on.”