LINCOLN- A bill to make permitless carry of concealed weapons possible across most of Nebraska raises "significant constitutional concerns," according to an opinion issued by Attorney General Doug Peterson's office Monday.
Peterson's opinion said LB236 would improperly delegate state authority to the counties without adequate standards which appears to violate the state constitution. The measure was expected to be up for debate this week. Sen. Tom Brewer who introduced the bill proceeded with the bill and replaced the current contents of the bill with portions of three less-controversial measures relating to concealed carry. As introduced, LB236 would have given counties the power to authorize carrying of concealed firearms without a permit or training requirements. Currently, gun owners must obtain a state permit and pass a firearm course before they can legally carry a concealed gun. The bill was emended by the Government, Military and Veterans Affairs Committee to bar Douglas and Lancaster from going permit less.
"We think that a court would likely conclude that the regulation of concealed handguns under the Concealed Handgun Permit Act's shall-issue statutory scheme is a matter of statewide concern," Peterson said. The amendment also stated the county sheriff would need to advise and council the county on how to proceed with this. There are also exemptions to the law for those with criminal offenses included.
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