The second amendment to the United States Constitution says, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” That this right cannot be infringed upon means that no government entity may pass legislation encroaching upon this right, yet that is precisely what so many in the anti-gun lobby want legislators to do.

Today there is an all-out assault on our most basic fundamental rights, especially those contained in the Bill of Rights. Unless these rights and freedoms are vigorously defended, a police state will likely ensue. These rights and liberties were articulated in the Bill of Rights by our Founding Fathers for the very purpose of thwarting this kind of tyranny.

For these reasons, I have decided to co-sponsor two bills this year which protect our second amendment rights. Last week I co-signed LB 188 and LB 173. These two bills will help ensure that Nebraskans will be able to enjoy their second amendment rights for many years yet to come.

LB 188 is the Second Amendment Preservation Act. The bill prohibits anyone working for a state agency or a political subdivision to knowingly or willingly enforce any federal law, executive order, rule or regulation regarding firearms, accessories, and ammunition unless it already exists under Nebraska State law. LB 188 would essentially make Nebraska a second amendment sanctuary state.

The United States Supreme Court has already recognized the right of the states to pass this kind of legislation. In Printz v. United States (1997) the ruling of the high court included these words, “The Federal Government may neither issue directives requiring states to address particular problems, nor command the State’s officers, or those of their political subdivisions, to administer or enforce a federal regulatory program.” So, we already know that this bill has constitutional muster.

LB 173 further protects the right of Nebraskans to keep and bear arms. LB 173 protects law abiding gun owners while transporting firearms to a location where they can be lawfully discharged. The bill simply states that the firearm be enclosed in a case, and it defines a case as a hard or soft-sided box, container, receptacle designed for storing firearms, or the manufacture’s original packaging.

In order to show you why this legislation is needed, consider what happens under our current laws. Currently, it is lawful to purchase a firearm, but it is illegal to transport that firearm home from the store in the manufacture’s original packaging. Anyone who purchases a firearm at a sporting goods store and transports that gun home in the manufacturer’s original packaging runs the risk of having that firearm confiscated by police for no other reason than that it was not being properly encased.

LB 173 changes the law so that firearms may be transported by law abiding citizens without getting unduly harassed by police officers or game wardens. Firearms still have to be unloaded during transport and they still have to be encased. LB 173 simply loosens the definition of what constitutes a gun case.

We must never forget that the original purpose of the second amendment was to keep the government subordinate to the people. James Madison provided the original wording for the second amendment, and in Federalist Paper 46, he said to the adversaries of our Constitution, “These gentlemen must here be reminded of their error. They must be told that the ultimate authority, wherever the derivative may be found, resides in the people alone…” The government exists to serve the American people, not the other way around. Protecting the rights and liberties contained in our Constitution is the highest duty of a legislator. May we never forget this most basic and foundational principle of our American republic.