Seng plans to propose concealed-weapons ban

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By DEENA WINTER / Lincoln Journal Star

Next year, outstate Nebraska residents may have to heed Johnny Cash’s warning when they head to Lincoln: Don’t take your guns to town.

Mayor Coleen Seng on Thursday proposed the city depart from the state by banning concealed weapons within city limits. Last month, after 10 years of trying, lawmakers passed legislation allowing law-abiding citizens to carry concealed weapons. Five of Lincoln’s six senators opposed it.

Seng and Omaha Mayor Mike Fahey also opposed the legislation.

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(LJS File)

(LJS File)

Supporters apparently intended to make the law uniform statewide, but senators didn’t repeal another statute allowing cities to prohibit residents from carrying concealed guns. So Seng will ask the City Council to pass an ordinance banning concealed weapons.

“The concealed weapon bill is a very real threat to the security of citizens,” she said. “I support the constitutional right of citizens to own weapons, but passage of the concealed weapons law unnecessarily puts Lincoln at risk for increased confrontations involving guns.”

Seng said she can’t go anywhere in Lincoln these days without being approached by people asking what she’s going to do about the concealed weapons law.

Her response: “Just be patient.”

The city law department needed time to look into the law. City Attorney Dana Roper has concluded that regardless of what senators may have “intended” to do — make the law uniform statewide — cities are free to make their own decisions before the law takes effect in January. Omaha already has a law prohibiting concealed weapons.

Lincoln Police Chief Tom Casady has long opposed concealed weapons laws. According to some estimates, the law could inspire 19,000 Nebraskans to get permits to pack heat, which he said translates to as many as 3,000 in Lincoln.

The city doesn’t need a few thousand people carrying guns around, he sad.

“I think that it puts more guns out there,” Casady said. State law already allows certain people to carry concealed weapons, such as landlords collecting rent.

He said it’s rare for citizens to protect themselves with concealed weapons. He can only recall one incident in 32 years of law enforcement.

While concealed weapon supporters often portray rank-and-file police as supportive of such legislation, Casady said a survey of Lincoln police officers found 85 percent of them opposed a concealed weapons law.

Officers already operate in an uncertain environment, and even if it’s a law-abiding citizen carrying a gun, he said, “It’s still another gun at the party that you have to worry about.

“Guns will fall out of holsters at inopportune times,” he said. Guns will be left on shelves in restrooms, he said.

The state law will be difficult to enforce, he said, because it contains many exceptions. You can’t bring a gun into places like police stations, banks, schools, polling places and businesses that derive more than half their income from alcohol.

And the state already allows Nebraskans to defend themselves “in the very rare event that someone’s occupations or actions would justify the need for a concealed weapon,” Casady said.

While the law prohibits convicted felons from carrying guns, it allows people convicted of misdemeanors — including “people with pretty scary records” that include offenses such as stalking, violating a protection order, third-degree sexual assault and impersonating a law enforcement officer — to carry guns, Casady said.

Meanwhile someone charged with rolling back the odometer on a vehicle is banned, he said.

The City Council is expected to take up the issue in early May.

Reach Deena Winter at 473-2642 or dwinter@journalstar.com.