LB454 proposals
The Concealed Handgun Permit Act, LB454, was introduced in January 2005 and re-introduced last month by State Sen. Jeanne Combs of Milligan and 23 co-sponsors, including senators Ray Janssen of Nickerson, Chris Langemeier of Schuyler and Carol Hudkins of Malcom.
LB454 proposes to authorize eligible individuals to obtain a permit to carry a concealed handgun in Nebraska.
Under the proposal, to obtain a permit, an individual must apply in person at any Nebraska State Patrol Troop headquarters or office provided by the patrol for purposes of accepting such an application. The applicant shall present identification, submit two sets of fingerprints for a criminal history background check and pay an application fee of $100.
After completion of the applicant's criminal background check, the NSP issues a concealed handgun permit within five days if the applicant meets all the following requirements:
* Be at least 21 years of age.
* Not be prohibited from carrying a firearm under federal law.
* Possess the eyesight required to obtain a drivers license.
* Not have pleaded guilty to or been convicted of a felony or crime of violence.
* Not have been found in the previous five years to be a mentally ill dangerous person under the Nebraska Mental Health Commitment Act.
* Reside in the state for at least 180 days.
* Have no violations of any law relating to firearms, unlawful use of a weapon, or controlled substances within the previous five years.
* Not be on probation, parole or house arrest or work release.
* Be a citizen of the United States.
* Provide proof of completing a firearms training and safety course approved by the Nebraska State Patrol.
The training and safety course, regulated by the NSP, will include, but not be limited to:
* Knowledge and safe handling of a handgun and handgun ammunition.
* Safe handgun shooting fundamentals.
* Demonstration of competency with a handgun with respect to the minimum safety and training requirements.
* Knowledge of federal, state and local laws pertaining to the use of a handgun, use of a handgun in self-defense, and laws relating to justifiable homicide and the various degrees of assault.
* Knowledge of ways to avoid a criminal attack and to defuse or control a violent confrontation.
* Knowledge of proper storing practices for handguns and ammunition, including storage practices which would reduce the possibility of accidental injury to a child.
A person or entity conducting a handgun training and safety course, and the course, shall be approved by the NSP.
A person denied a permit may appeal to the district court of the judicial district of the county in which he or she resides or the county in which he or she applied for the permit.
Permit holders are allowed to carry concealed weapons anywhere in Nebraska, except the following locations:
* Law enforcement agency offices.
* Detention facility, jail or prison.
* Courtroom or building which contains a courtroom.
* Polling place during a bona fide election.
* Meeting of a governing body of a political subdivision.
* Meeting of the legislature or legislative committee.
* Financial institutions.
* Professional, semiprofessional or collegiate athletic events.
* School grounds or vehicles or sponsored activities or athletic events.
* Place of worship.
* Emergency room or trauma center.
* Political rally or fund-raiser.
* Establishment having a liquor licenses which generates more than 50 percent of its revenue from alcohol sales.
* Any place where possession of a firearm is prohibited by state or federal law.
* A place where the person, persons, entiity or entities in control of the property, or employer in control of the property has prohibited permitholders from carrying concealed handguns onto the place or premises
* Into or onto any other place or premises where handguns are prohibited by law, rrule or regulation.
Permits are valid for a period of five years and may be renewed through the NSP for an additional five years if the applicant remains in compliance with the requirements of the act. The bill also provides that the NSP or any agent, employee or member thereof, is completely immune from civil liability for injuries to people or property related to the issuance or revocation of a permit.
Permit holders will be registered in NSP and Nebraska Department of Motor Vehicles databases.