Constitutional Carry

Nebraska State Senator Tom Brewer (District 43) has proposed new legislation that is picking up traction throughout the United States. The bill, often referred to as “Constitutional Carry,” would allow for citizens to legally carry a firearm with no permit required. Many states have adopted this bill, including Nebraska's neighboring states such as South Dakota, Iowa, Missouri and Kansas. Constitutional Carry previously failed in the Nebraska Legislature in 2021. 

Earlier this year, Brewer let go of a proposal that would allow Nebraska counties to make a decision about permitless carry, with the exception of Lancaster, Douglas and Sarpy county. He abandoned the proposal due to the opinion from the Nebraska Attorney General, Doug Peterson, who said it would have “raised serious concerns” to delegate a state matter to counties. Despite all the backlash Brewer has received, Governor Pete Ricketts endorsed his bill stating, “Law-abiding Nebraskans who are legally allowed to own a firearm should not have to jump through hoops to exercise their constitutional rights.”

Although Constitutional Carry has support from the governor, it has its challenges before being signed into law. It first must go through a public hearing, then be advanced by a legislative committee to three rounds of debate before finally requiring approval. While this is labeled as a “priority bill,” it comes during a busy session loaded with other important topics, such as government funding. Constitutional Carry is currently in the hands of the Judiciary Committee, which has not favored similar bills in the past, but Brewer says he will attempt to introduce a “pull motion” to bring the bill to the legislative floor without committee approval. If the Judiciary Committee votes against this bill, a vote from 30 of 49 state senators would be required.

While there was some hesitation, the Omaha Police Union was in support of the 2021 bill primarily because it allowed Omaha and the other urban areas of Nebraska to keep their restrictive firearm laws. The union now has concerns about the lack of background checks and training that is currently required to obtain a concealed carry permit. Sergeant Aaron Hanson said the Police Union is attempting to compromise with Brewer, editing the bill so that they can “respect the rights of law-abiding gun owners but doesn’t create loopholes for criminals.” Sergeant Hanson also added, “We have seen unintended consequences result from well-intentioned legislative efforts in other states and we don’t want to repeat that in Nebraska.” The first hearing on this bill occurred on Thursday, January 20, 2022.

By Andrew Schwartz