Shotgun News, June 1, 2006, pp. 26-28
Victory in Kansas And Nebraska
I've written a number of columns for Shotgun News over the last few years about concealed weapon law victories. In the May 1, 2003 issue I discussed how Michigan and Colorado had adopted non-discretionary concealed weapon permit laws. The August 1, 2003 column discussed how Alaska had gone “Vermont-carry”--no longer requiring a permit to carry concealed. The November 1, 2003 and March 1, 2004 issues covered, respectively, the Missouri and Ohio adoption of non-discretionary concealed carry laws—and in both states, there was not even a discretionary permit law before. Concealed carry had been completely prohibited for civilians. In addition, we have had a number of minor improvements to the existing non-discretionary permit laws in other states.
The way things are going, I am going to run out of material like this, real soon—because we are going to run out of states with abusive concealed weapon permit laws. The latest victories were in Kansas and Nebraska—two states that have long prohibited all concealed carrying of handguns by civilians.
In Kansas, gun rights activists have been trying to get a bill passed for several years, with the governor vetoing such bills in 1997 and 2004. This time around, Governor Kathleen Sebelius vetoed such a bill again—but we had the votes in both houses of the legislature to override her veto. The State Senate overrode her veto 30-10—or three votes more than the required 2/3 majority—and the Kansas House overrode her veto 91-33—or seven votes more than required. Not only were the margins large on the override votes, but this is the first time that a Kansas governor's veto has been overridden in twelve years![1]
The details of the new law are not too surprising. It requires the Kansas Attorney-General to start issuing concealed weapon permits starting January 1, 2007, and permits will be valid for four years. The law allows the Attorney-General to issue these either as a driver's license sized card, or by marking the standard driver's license as a concealed weapon license. I don't which of these Kansas will actually do; it seems to be the choice of the Attorney-General which approach to take.[2] Either is fine with me, but there are some advantages to making it a notation on your driver's license—just one less item to stuff into your wallet. (You should see how crowded my wallet is, what with the several different state concealed weapon licenses that I have now.)
For those of us who don't live in Kansas, the good news is
that the law will probably recognize permits issued by a number of other
states—if you are not a Kansas resident.
If you live in Kansas, you have to get a Kansas permit. Concealed weapon licenses issued by another
state (or the District of Columbia—I won't hold my breath for that to happen)
will be recognized “if the attorney general
determines that standards for issuance of such license or permit by such state
or district are equal to or greater than the standards imposed by this
act.” This is not too surprising—you
just never know when another state will start putting concealed weapon
permits in boxes of Cracker Jacks. Like
other states that have such provisions, the Kansas Attorney-General is required
to publish a list of which other states issue licenses that meet the requirements.[3]
For a Kansas resident to get a
permit, they must have been a resident of the county in which they apply, and a
resident of Kansas for at least six months, at least 21 years old, and not have
been convicted of a felony (or allowed in to a diversion program to avoid a
felony conviction). A mental illness or
drug lockup, or any of a number of misdemeanor convictions in the previous five
years, also disqualify you. You have to
be a U.S. citizen, and not dishonorably discharged from the armed forces. Restraining orders for domestic violence,
stalking, and “contempt of court in a child support proceeding” will also
prevent you from getting a permit.[4]
Like a number of other states,
Kansas is going to require training to get a permit—an eight hour weapons
safety class. The Attorney-General will
be responsible for determining which firearms training courses will meet the
legal requirements—and you will also have to complete a class to renew your
license. The law uses the word
“requalify,” which suggests that the intent is a live fire course.[5] This isn't a bad idea, of course, but
depending how important the Kansas Attorney-General considers this, it may
prevent the permits of a number of other states from being recognized as
meeting the standards of the Kansas law.
The license fee is “not to
exceed $150” and from the rest of the language in the statute, I am guessing
that you better expect it be at the high end of the range—not the low end.[6] This is a pretty big chunk of money, but if
you get mugged even once, you'll spend almost that much on your health
insurance deductible at the emergency room.
(Assuming, of course, you reach the emergency room.) The Attorney-General can take as much as 180
days to issue a license, while running background checks[7]—an
extraordinarily long period of time compared to other states. Let's hope that they don't actually take
that long.
The list of places where your
permit will not be valid is pretty long, and most of them are
unsurprising: courthouses; police stations; jails and prisons; bars. A few places are a little surprising: the
state fairgrounds is off limits.
Polling places are also prohibited, but if you look into the history of
“Bleeding Kansas “--the period when abolitionists and pro-slavery forces made
blood run in the streets in the 1850s—this is not surprising. A few of the prohibited places are
disappointing, but follow in the pattern of a few other states: all schools
from elementary on up through college; sporting events; state office buildings;
city halls; “any church of temple.”
A few places that are
prohibited by the Kansas law that seem to be unique are really not all that
surprising: community mental health centers; “any day care home or group day
care home” and other child care centers.
One of the more depressing prohibited places are “any child exchange and
visitation center.”[8] These are places where parents who have been prohibited from unsupervised visits
with their children get to see them—and where relations between parents have
become so contentious that children have to handed off in neutral turf. I can see why the law requires this, and I
can see why it seemed like a good idea.
I can also forsee situations where this ban is going to be a
mistake, when an angry father comes to
one of these places to get revenge on his ex-wife—and she won't be able to
defend herself from a man who is twice as strong as her—and he may not care
that he is breaking the law by bringing a gun, a knife, or a baseball bat with
him.
Like many of the other
states, the new Kansas law allows businesses to prohibit concealed carry on the
premises, or while working. If you
deliver pizzas, and your company prohibits concealed carry on the job—don't get
caught carrying. It is a
misdemeanor. Businesses will have to
clearly warn customers that concealed carry is prohibited on the premises: “provided that the premises are
posted, in a manner reasonably likely to come to the attention of persons
entering the property where carrying a concealed weapon is prohibited.”[9] It is also a misdemeanor to carry concealed
while under the influence.[10]
The
good news (especially compared to Nebraska) is that the state law prohibits any
local government from passing any measure more restrictive in this area. “Any city ordinance or county resolution
that regulates, restricts or prohibits the carrying of concealed weapons shall
not be applicable to any person licensed in accordance with the provisions of
this act.”[11]
Nebraska,
like Kansas, has long prohibited concealed carry by civilians. Like Kansas, gun rights activists have been
working on this for a long time—at least ten years. Unlike Kansas, previous bills never reached the governor's
desk. This time around, Nebraska's
legislature passed a non-discretionary permit law that, while not perfect, was
better than what they had before—which was a complete ban on concealed carry.[12]
Governor
Dave Heineman signed it into law on April 5.
Like the Kansas law, it requires firearms training, and is rather
specific about the subjects to be covered.
The Nebraska State Patrol will accept permit applications, and is
required to issue a permit within five days of completing a background check.[13] To receive a permit, you must be a lawfully
allowed under federal law to possess a firearm, be at least 21 years old, meet
Nebraska's eyesight standard for a driver's license, and be a Nebraska resident
for at least 180 days. Like other
states, Nebraska prohibits those who have been found to be “a
mentally ill and dangerous person” under either Nebraska law, or that of
another state—but in the last ten years, not five years, as is the case
with many of the other state concealed weapon permit laws. Firearms or drug control law violations in
the last ten years also prevent you from getting a permit.[14]
Permits are valid for five years, and cost
$100. The language of this section is a
little misleading: “A permit to carry a concealed handgun is valid throughout
the state for a period of five years after the date of issuance.”[15] News coverage of the law's passage, however,
indicated that existing local ordinances, such as that of Omaha, which prohibit
concealed carry of handguns, would remain in effect and unaffected by the new
law, and that other local governments that banned concealed carry were free to
do so.[16] In short, if you live anywhere in Nebraska,
you are free to obtain a concealed carry permit—but Omaha, and perhaps other
cities, can still prosecute you for carrying.
This is not ideal, but I suspect that over the
next few years, as it becomes apparent that widespread concealed carry is not a
public safety issue, that the Nebraska legislature will revisit this
issue. A slightly similar situation
developed in Pennsylvania when that's state's first non-discretionary permit
law treated residents of Philadelphia worse than those in the rest of the
state, and probably for the same reason.
What, you may ask, is the “same reason”? Philadelphia is where Pennsylvania's black
population is concentrated. The same is
true for Omaha[17]—and not
surprisingly, local government officials in both cities didn't think much of
allowing law-abiding people to defend themselves.
Other than local governments passing bans,
Nebraska's list of places where a concealed weapon permit holder may not carry
is much like that of other states: courthouses, meeting of the state
legislature; police stations, jails, prisons, polling places; athletic events;
banks; “places of worship”; bars—are all prohibited. Nebraska has a few unique places that will also be prohibited:
emergency rooms and political fundraisers.
Private property owners may prohibit permit
holders from carrying concealed, but must have “posted conspicuous notice that
carrying a concealed handgun is prohibited in or on the place or premises or
has made a request, directly or through an authorized representative or
management personnel, that the permitholder remove the concealed handgun from
the place or premises.” This doesn't
apply in parking lots, however, as long as you leave your gun in the car.
You may not carry concealed while drinking, or
as long as any alcohol remains in your blood, urine, or breath.[18] This is quite a bit more severe than the
more common bans of carrying concealed while under the influence. Just to be sure that you don't run afoul of
the law, you will probably need to wait several hours after even one drink
before you carry concealed—which isn't a bad idea, anyway.
Unlike Kansas, the Nebraska law does not
recognize permits issued by other states, and there is no provision for
non-residents to obtain Nebraska permits. This is perhaps the most unpleasant
aspect of this law—and one that cries for Nebraska legislators to correct in
the next few years.
Clayton
E. Cramer is a software engineer and historian. His last book was Concealed Weapon Laws of the Early Republic:
Dueling, Southern Violence, and Moral Reform (Praeger Press, 1999). His web
site is http://www.claytoncramer.com.
[1] Carl Manning, Associated Press, “Update 2: Kansas House Overrides Veto of Gun Bill,” Forbes, March 23, 2006, http://www.forbes.com/technology/feeds/ap/2006/03/23/ap2618492.html, last accessed April 16, 2006.
[2] Kansas SB 418 (2006), § 3, http://www.kslegislature.org/legsrv-bills/showBill.do?id=86307, last accessed April 16, 2006.
[3] Kansas SB 418 (2006), §
3(c).
[4] Kansas SB 418 (2006), §
4(a).
[5] Kansas SB 418 (2006), §
4(b).
[6] Kansas SB 418 (2006), §
5(b).
[7] Kansas SB 418 (2006), §
5(e).
[8] Kansas SB 418 (2006), §
10.
[9] Kansas SB 418 (2006), §
11.
[10] Kansas SB 418 (2006), §
12.
[11] Kansas SB 418 (2006), §
17.
[12] “Concealed-weapons bill adopted,” Sioux City [Iowa] Journal, March 31, 2006, http://www.siouxcityjournal.com/articles/2006/03/31/news/nebraska/a1269b7e767d798d8625714200131564.txt, last accessed April 16, 2006.
[13] Nebraska LB 454 (2006), §§ 4, 6, http://www.unicam.state.ne.us/legal/SLIP_LB454.pdf, last accessed April 16, 2006.
[14] Nebraska LB 454 (2006), § 7.
[15] Nebraska LB 454 (2006), § 10.
[16] “Concealed-weapons bill adopted,” Sioux City [Iowa] Journal, March 31, 2006.
[17] http://www.city-data.com/city/Omaha-Nebraska.html, last accessed April 16, 2006; U.S. Census Bureau, “State and County QuickFacts: Nebraska,” http://quickfacts.census.gov/qfd/states/31000.html, last accessed April 16, 2006.
[18] Nebraska LB 454 (2006), § 16.