LINCOLN, Neb. (AP) - Requiring Nebraska residents to obtain concealed-carry permits to legally carry a concealed handgun violates their constitutional rights, gun rights advocates said Thursday, but gun control supporters argue carrying without a permit could lead to more shootings.
Nebraska gun owners now may apply for a concealed carry permit, which costs $100 for an initial five-year permit and $50 for renewal. They also must pay for a training course. Charging a fee for a gun permit turns a constitutional right into a privilege, said Sen. Tom Brewer of Gordon, who presented a bill to the Legislature’s Judiciary Committee that would allow any non-felons to carry firearms without a permit.
“Do you need a permit to keep the state from searching your home?” Brewer asked.
The bill would maintain the option of issuing concealed carry permits that Nebraska residents could use while traveling to states that honor them. It would not allow gun owners to carry firearms on school campuses or in government buildings.
Nebraska residents should not have to “metaphorically grovel before the government and beg permission for a concealed carry permit,” especially because they already can carry a gun openly without a permit, said Charles Cox, executive director of Nebraska Gun Owners. He told the committee it was his “duty” to report how lawmakers voted to gun-owning constituents in their districts and that gun-owners would be watching closely to see if senators did anything to amend the bill. The committee took no immediate action.
Lincoln resident John Keiser compared state permits for concealed carry to poll taxes and a Birmingham, Alabama, law the U.S. Supreme Court struck down in 1969 that prohibited civil rights marchers from using city streets without a permit.
“This is senseless and unconstitutional,” he said.
Courts have said a law is presumed constitutional until it’s declared otherwise, said Sen. Ernie Chambers of Omaha. He said gun owners should go to court and challenge permit laws before telling lawmakers they passed unconstitutional legislation.
“We think it’s constitutional or we wouldn’t pass it,” Chambers said.
The Ninth U.S. Circuit Court of Appeals held last year that the Second Amendment right to bear arms does not prohibit states from restricting concealed carry. Plaintiffs have asked the U.S. Supreme Court to hear the case.
Twelve states, including neighboring Wyoming, Kansas and Missouri, now allow gun owners to carry concealed weapons without permits, and several others are considering legislation. Opponents of Brewer’s measure say it is part of a concerted effort by the National Rifle Association to weaken state gun laws.
Letting any Nebraska resident who isn’t a felon carry a concealed carry gun without going through the training and permit process is dangerous, said Mo Neal of Nebraskans Against Gun Violence. She said “stupid NRA murder lobby bills” will weaken regulations and lead to more violence.
“That is not regulated but a Wild West show waiting to be a crawler on CNN,” she said.
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