Senator Tom Brewer
43rd District
01-18-2019

I am a defender of the Second Amendment. I firmly believe it is the one constitutional amendment which guarantees all the others. The first role of government is to defend our rights, not pass laws that further infringe upon them. The Second Amendment is already the only constitutional “right” we have to ask permission to use.

With this in mind it is no surprise that I am opposed to LB 58, a bill introduced by Senator Morfeld of Lincoln. It is called the “Extreme Risk Protection Order Act” also known as a “Red Flag Law.”

This bill would create a new process for taking guns away from lawful gun owners. This isn’t a Nebraska solution to a Nebraska problem. Much of the language in the bill is taken word-for-word from Florida and Washington laws, and a bill currently pending in Colorado. LB 58 would allow law enforcement to file a petition for an order to take guns away from people, but what is particularly troubling, is the bill would also allow other people to file a petition. Any family member, no matter how distantly related, current and former spouses, anyone the subject had ever dated, or anyone who had ever been a roommate of the subject. All of this takes place without any due process. The gun owner’s first indication there is a problem is the police showing up with a court order to seize his guns.

The purpose of seeking an order under this proposed law is to have police take guns away, by force if necessary, from someone who is deemed a danger. We already have legal processes to take guns from: convicted felons, accused felons (awaiting trial), domestic violence offenders, people subject to a domestic violence protection order or harassment protection order, people who are seriously mentally ill, dishonorably discharged former service members, people who have renounced their citizenship and illegal aliens.

The criminal court procedures we already have are balanced to protect constitutional rights while protecting the public. The mental health board procedure involves people who are qualified to evaluate a person’s mental health symptoms and past history. This bill would set a much lower bar for taking away gun rights. Not just dangerous mental illness, but any recurring mental health issue could be used to take away guns. Do we really want to discourage people from seeking treatment? What about veterans with PTSD or mild depression who are receiving support from the VA? This bill would say that is evidence that could be used to take away their rights.

We should take the United States and the Nebraska Constitutions seriously. Our laws already allow officials to take guns from people who are planning or committing serious crimes, who are threatening or harassing others, or who are dangerously mentally ill.
We have challenges in our corrections and mental health systems we need to solve, but Senator Morfeld’s bill is not the way to do it. I will strongly oppose this legislation.

If you have any other questions, please don’t hesitate to call. Please contact my office with any comments, questions or concerns. Email me at; tbrewer@leg.ne.gov. Mail a letter to; Sen. Tom Brewer, Room #1423, P.O. Box 94604, Lincoln, NE 68509 or call us at (402) 471-2628.