Isabella Carter
Nebraska has passed a bill allowing its residents to carry concealed guns without a permit, making it the 26th or 27th state to pass such legislation. The bill, LB 77, went into effect on September 2, 2023, and grants eligible people the right to carry guns hidden in their clothing or vehicles without a government permit or gun safety course. While this bill has faced opposition, supporters argue that it upholds the constitutional right to carry guns and removes an obstacle to the right to keep and bear arms.
| Characteristics | Values |
|---|---|
| LB 77 | Eliminates the need for Nebraskans to obtain a concealed carry permit |
| Provides the constitutional right to carry a firearm for personal protection | |
| Does not affect previously issued permits | |
| Does not eliminate the permitting system | |
| Does not usurp the federal requirement for a background check to buy a gun | |
| Does not allow those with a history of crime or mental health issues to possess a gun | |
| Overrides stricter gun laws in Nebraska's cities | |
| Does not require gun safety courses | |
| Nebraska Revised Statute 69-2441 | Allows those 19 and older to carry a concealed firearm without a permit |
| Does not allow minors or prohibited persons to carry a concealed firearm | |
| Defines a minor as anyone under the age of 19 | |
| Defines a prohibited person as someone who has been convicted of a felony or a misdemeanor crime of domestic violence | |
| Defines a prohibited person as someone subject to a valid restraining order/protection order in any US state | |
| Penalty for violating LB 77 | First offense: Class 3 Misdemeanor (up to 90 days in jail, a $500 fine, or both) |
| Second or subsequent offense: Class 1 Misdemeanor ($1,000 fine, 1 year in jail, or both) |
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What You'll Learn
LB77
The bill was introduced by Senator Tom Brewer, who argued that law-abiding Nebraskans should not have to pay to exercise their constitutional right to bear arms. The cost of a state concealed carry permit is $100, with an additional $100-$200 for the required training course. Brewer pointed out that it was already legal to carry a firearm openly in Nebraska, except in businesses and other places where it is prohibited. He also highlighted that LB77 would not change the criteria for eligibility to obtain a carry permit and would not affect previously issued permits.
The passage of LB77 is a significant step towards Constitutional Carry becoming law in Nebraska, and it remains to be seen what further impact this will have on gun laws and regulations in the state.
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Second Amendment rights
The Second Amendment to the US Constitution guarantees Americans the right to purchase, possess, and use firearms for legitimate purposes, such as self-defence. This right has been upheld by the National Rifle Association (NRA) and was further protected in Nebraska when Governor Jim Pillen signed LB77, the Constitutional Carry bill, into law on September 2, 2023.
LB77 allows Nebraskans who are 21 years or older to carry a concealed handgun without a permit, fulfilling the promise made by Governor Pillen to voters to uphold Second Amendment rights and the ability of law-abiding citizens to defend themselves. The bill removes the requirement for citizens to pay a fee or seek permission from the government to carry a concealed weapon, which was previously necessary under the Concealed Handgun Permit Act.
The NRA has praised the bill, stating that it will make gun laws less restrictive and more streamlined for law-abiding Nebraskans. The bill's sponsor, Senator Tom Brewer, has also expressed his satisfaction with the bill's passage, stating that his sole purpose was to ensure that Nebraskans are afforded their constitutional right to carry guns.
However, it is important to note that the new law does not affect previously issued permits or eliminate the permitting system entirely. Nebraska will continue to recognise permits issued by states with standards equal to or greater than its own. Additionally, certain individuals, such as minors and those with a criminal record, are still prohibited from possessing firearms under federal and state laws.
While the Constitutional Carry bill expands Second Amendment rights in Nebraska, it is crucial for citizens to stay informed about gun laws and regulations to ensure safe and responsible firearm ownership and use.
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Gun regulation
Nebraska has recently joined a growing number of US states that have passed a so-called "constitutional carry" bill, allowing eligible people to carry guns without a permit. This development has significant implications for gun regulation in the state, and it is essential to understand the context, content, and potential impact of this new law.
Nebraska's constitutional carry bill, known as LB 77, was signed into law by Governor Jim Pillen in April 2023. The law removes the requirement for Nebraskans to obtain a permit to carry a concealed firearm for self-defense. It is important to note that this bill does not affect federal background check requirements for gun purchases and does not allow individuals with a history of crime or mental health issues to possess firearms.
The passage of LB 77 is a notable shift in Nebraska's gun laws. Previously, individuals were required to obtain a Concealed Handgun Permit to carry a concealed firearm legally. This permit also allowed individuals to purchase handguns. Now, with the new law in effect, individuals 21 years or older who are not prohibited persons can carry a concealed handgun without a permit. Prohibited persons include minors (those under 19, or 21 if for the purpose of obtaining a Concealed Handgun Permit), individuals with felony convictions, those convicted of misdemeanor domestic violence, and individuals subject to restraining orders.
The constitutional carry bill has been a subject of debate in Nebraska, with supporters arguing that it upholds Second Amendment rights and removes unnecessary obstacles for law-abiding citizens. On the other hand, opponents, including police chiefs from Omaha and Lincoln, have expressed concerns about public safety and the potential impact on gun violence. They argue that removing the permit requirement could make it more challenging to track and regulate firearm possession.
While Nebraska has joined a growing number of states with similar laws, the impact of constitutional carry on public safety and gun violence is still a matter of ongoing discussion and analysis. The law's implementation may lead to further discussions and adjustments to ensure a balance between upholding constitutional rights and maintaining public safety.
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Gun safety
Nebraska recently passed the Constitutional Carry Bill (LB 77) in 2023, which allows individuals to carry a concealed handgun in public without a permit or safety training. While this bill eliminates the need for a concealed carry permit, Nebraska still offers resident and non-resident permits, and individuals may still choose to obtain one for various reasons, including training.
Nebraska has implemented several measures to promote gun safety and prevent gun violence. Firstly, Nebraska has long required a purchase permit for handgun sales, which means that all handgun buyers must pass a background check before purchasing a firearm. This helps ensure that firearms do not end up in the wrong hands. Additionally, Nebraska has specific laws regarding the storage of firearms. Firearms must be stored locked, unloaded, and separate from ammunition in certain circumstances. This helps to prevent accidental discharges and unauthorised use of firearms.
Nebraska also has laws in place to protect individuals who may be in crisis or experiencing mental health issues. Law enforcement or family members can petition for a court order to temporarily prevent someone in crisis from accessing guns. This can help to prevent potential harm to oneself or others. Nebraska law also requires gun owners to notify law enforcement if their guns are lost or stolen, aiding in the recovery of missing firearms and deterring their potential misuse.
Furthermore, Nebraska has enacted a preemption law, which prohibits localities from taking action to prevent gun violence. However, it is important to note that this law does not preempt towns and cities from making their own gun safety policies. Nebraska also has restrictions on carrying concealed handguns into certain places, such as police stations, courthouses, schools, hospitals, and polling places. These restrictions help to maintain safety and security in sensitive areas.
While Nebraska has taken steps towards constitutional carry, it is important for individuals to stay informed about gun safety practices and local laws. Education and training are crucial aspects of responsible gun ownership, even in states with more relaxed gun regulations.
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Gun violence
On April 19, 2023, Nebraska lawmakers passed a bill to allow people to carry concealed guns in the state without a permit. The bill, known as LB 77, was signed into law by Governor Jim Pillen, making Nebraska the 27th state in the US to pass such legislation. The law went into effect on September 2, 2023, and it grants Nebraskans the constitutional right to carry firearms for self-defense without obtaining a concealed carry permit.
While supporters of the bill argue that it upholds the Second Amendment rights of law-abiding citizens, there are concerns about how this will impact gun violence in the state. The cities of Omaha and Lincoln, where the majority of gun violence occurs in Nebraska, opposed the bill, with their police chiefs stating that it would make their cities less safe. This concern is especially salient given the recent mass shootings across the nation, including the killing of six people at a Tennessee school in March 2023.
The new law does not eliminate the permitting system entirely. While a permit is no longer required to carry a concealed handgun, Nebraska residents who wish to obtain a permit may still do so. There are several reasons why someone may choose to obtain a permit even though it is no longer mandatory. First, it provides access to valuable training and education on gun safety and responsible gun ownership. Second, if a person plans to travel out of state with their firearm, they will need to obtain a permit and ensure that the state they are travelling to has reciprocity with Nebraska.
Additionally, the law does not affect the federal requirement for a background check when purchasing a gun. Individuals with a history of crime or mental health issues that bar them from possessing a gun are still prohibited from doing so under the Nebraska bill. The law also maintains certain restrictions on where guns can be carried, including churches, courthouses, and private businesses that choose to prohibit them.
While the constitutional carry law in Nebraska has sparked debates about gun rights and public safety, it is important to note that the state already had relatively permissive gun laws before this bill was passed. Nebraska previously allowed gun owners to carry firearms in public view, as long as they did not have a criminal record that prohibited them from possessing a gun.
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Frequently asked questions
Nebraska's constitutional carry law, LB77, allows law-abiding Nebraskans who are 21 years or older to carry a concealed handgun without a permit.
Nebraska's Governor Jim Pillen signed the constitutional carry law into law on September 2, 2023. The law came into effect 90 days after it was signed.
The law eliminates the need for a concealed carry permit, providing a constitutional right to carry a firearm for self-defense. However, it does not affect previously issued permits or eliminate the permitting system. It also does not usurp federal background check requirements for gun purchases.
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