Sen. Brewer: Constitutional carry

Nebraska State Senator, Dist. 43 March 3, 2023

In the seven sessions that I have been a senator, 2023 marks the fourth time I have introduced Constitutional Carry. As a freshman in 2017, I introduced a model bill from another state that was not really adopted to Nebraska. We got a Judiciary Committee hearing at the end of March, and the bill went nowhere: No debate, no votes, nothing. That was part of the learning curve for me as a rookie.

Fast-forward a few years, I introduced LB 236 in 2021. Our thought was that if we could not make all of Nebraska more free, we could at least make parts of it more free. That bill proposed “county option constitutional carry.” It would have authorized county boards to adopt constitutional carry by passing a local ordinance. This was at a time when counties across the United States and here in Nebraska were passing “Second Amendment Sanctuary County” resolutions. Ninety-one of of ninety-three Nebraska counties joined that movement.

There was just one problem. The Nebraska Constitution does not allow us as a Legislature to delegate to local governments the decision-making authority on matters of statewide concern. Attorney General Doug Peterson helpfully reminded us of this the night before debate was supposed to start on LB 236. You can read Nebraska Attorney General Opinion Number 2111 for more details on that.

With a body blow like that coming that late in the game, we kicked for three instead of going for seven. We gutted the bill and incorporated some important Second Amendment protections from other bills introduced by Senators Clements, Bostelman, and Ben Hansen. I made a public pledge that night on the floor to bring back a statewide bill in 2022.

I did that with LB 773 last year. I prioritized the bill at the start of the session, and that got us an early hearing from Chairman Lathrop. We had strong support, and that was pretty critical, because we had to pull the bill from the Judiciary Committee. After a successful pull motion and after getting cloture on General File, that bill fell short on Select File last year.

That brings us to this year’s bill: LB 77. We have worked out all the kinks. We have a good bill. It is time to make Nebraska a “Constitutional Carry” state. We all raised our hands on the first day of this session and took an oath to uphold the United States and Nebraska constitutions. The right to bear arms is in there. “Bearing arms” means carrying them. Our Nebraska Constitution makes it clear that one of the reasons to do this is for self-defense and defense of others. The way that ordinary people in 2023 “bear arms” is concealed carry.

I am pleased to report that our bill advanced from the Judiciary Committee without opposition on a bipartisan vote. It was filibustered by anti-gun senators on General File, but my colleagues made me proud to be a Nebraskan. We needed thirty-three votes out of forty-nine to beat the filibuster, and we got thirty-six votes, including four Democrats. In the polarized environment we are in, that is a decisive victory.

LB 77 has two more rounds of debate to go, on Select File and Final Reading. I am confident that 2023 is the year that we will send the bill to the governor’s desk to be signed into law. I look forward to the day that Nebraska joins twenty-five of our sister states in respecting this important constitutional right.

If you have any other questions, please don’t hesitate to call. Please contact my office with any comments, questions or concerns. Email me at tbrewer@ leg.ne.gov. Mail a letter to Sen. Tom Brewer, Room #1423, P.O. Box 94604, Lincoln, NE 68509 or call us at 402- 471-2628.