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NRA Backs Bill to Eliminate Confusing Patchwork of Local Guns Laws

Friday, January 6, 2017

NRA Backs Bill to Eliminate Confusing Patchwork of Local Guns Laws

LB 68 Would Protect Rights of Law-abiding Gun Owners

Fairfax, Va.— The National Rifle Association’s Institute for Legislative Action (NRA-ILA) is supporting Legislative Bill 68, a state preemption law that would ensure Nebraskans don’t inadvertently violate the law as they travel through the state. This problem is the result of local gun ordinances that are more restrictive than state laws and those of neighboring communities.  LB 68 would eliminate this confusing patchwork of laws by ensuring that state gun law preempt local ordinances.

“When law-abiding Nebraskans who choose to exercise their right to self-defense are scared at every turn that they might be breaking a law, that becomes a de facto gun ban,” said Catherine Mortensen, NRA-ILA Spokesperson. “Our goal is to eliminate this confusing patchwork of laws so that law-abiding Nebraskans can carry with confidence.”

The Right to Keep and Bear Arms, like any other constitutional right, is subject to legal restrictions on time, place, and manner. Fairness requires there to be reasonable notice to the regulated public of how to follow the law.  LB 68 would provide single, consistent, and uniform standard for the possession and transportation of firearms, while continuing to allow communities to enact and enforce local prohibitions on firearm discharge.

Consider how local ordinances in Omaha can be confusing for Nebraska’s legal concealed carry permit holders. Omaha is closely surrounded by several suburban communities and even local residents don’t always know where the city lines of Papillion, La Vista, Ralston, and Omaha begin and end. Because Omaha’s gun regulations are different than the local regulations in surrounding cities, a metro resident could accidentally break the law just by traveling a few miles. The same is true all over the state. It is unreasonable to expect ordinary Nebraskans to research the local laws in every jurisdiction they might pass on the roadways.

Facts on LB 68:

  •  A preemption bill would not alter state-wide firearm regulations, just those at the local level.
  •  It would remove the ability of cities and villages  to regulate, prevent, and punish the carrying of concealed weapons (except the carrying of a concealed handgun in compliance with the Concealed  Handgun Permit Act).
  •  It would amend state statute so that cities and villages do not have power to regulate the carrying, registration, transfer, and storage of firearms, ammunition, and firearm accessories.
  •  It would create a remedy for those whose rights have been violated through the enforcement of improper ordinances.
  •  It provides exceptions for: (1) law enforcement agencies to regulate firearms used by a peace officer in the course of their employment, (2) zoning ordinances to regulate firearms businesses unless the  purpose conflicts with this section, (3) city and village employees to be regulated during their  official duties, and (4) the ability of a court or hearing officer to resolve matters within their jurisdiction.

 

 


Established in 1871, the National Rifle Association is America's oldest civil rights and sportsmen's group. More than five million members strong, NRA continues to uphold the Second Amendment and advocates enforcement of existing laws against violent offenders to reduce crime. The Association remains the nation's leader in firearm education and training for law-abiding gun owners, law enforcement and the armed services. Be sure to follow the NRA on Facebook at NRA on Facebook and Twitter @NRA.

 

 

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NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.