We have had an overwhelming number of people reach out to us for clarification on how the upcoming changes in the law will affect them. Now that it is almost certain that the proposed LB-77 will make it through the process and be in effect in September, it’s time to start familiarizing ourselves with the new rules. For those who do not want to read the entire 30 pages, let me try and boil it down to the basics and help clear some of the confusion.
In a nutshell, Constitutional Carry allows non-prohibited people to carry handguns concealed without a permit. People who were prohibited from getting a permit before are still prohibited from carrying concealed.
Nebraska will still offer Concealed Handgun Permits permits to those who can pass a background check and complete the same required training as before. The permit will still serve as a purchase permit and it will give reciprocity in several of the states that do not have Constitutional Carry. There are currently 26 other states who have adopted Constitutional Carry. (North Dakota will allow non-prohibited persons to carry without a permit in August of 2023, but they do recognize Nebraska’s CHP.) A Nebraska CHP will add 9 states to your travels including Michigan, Louisiana, North and South Carolina, North Dakota, New Mexico, Colorado, Nevada, and Virginia.
What about carrying open? Nebraska has never had laws against legal gun owners carrying open. The bill adds some clarity to the definition of Concealed. It says, “If any part of the handgun is capable of being seen or observed by another person, it is not concealed.” They also will now allow long knives and brass or iron knuckles to be carried concealed as well.
The list of prohibited places has not changed. There are several references to the recently passed changes in transporting handguns cased, unloaded, and separate from ammunition. In such condition, the transporter will not be required to notify a peace officer or EMT and they would not be subject to the zero-alcohol requirement.
The bill also strengthens the wording preventing cities from making their own rules regarding concealed carry or registration of firearms or other weapons. This will take the guesswork out of staying compliant while traveling across Nebraska.
Many who have approached us are strongly opposed to this change, but keep in mind that the concealed carry requirement had zero effect on the criminals’ behavior since criminals wouldn’t hesitate to carry without a permit. The permit requirements merely forced law abiding citizens to get education and training. None of the other amendments in the constitution require education and training. Part of being a civil society is respecting the rights of those who may not prefer to invest in education. Now that we have gained some freedom, it is important that we all represent the firearm community well and be safe and legal. It is our right to bear arms, but it is our responsibility to train.