A proposed rule change to the Nebraska Legislature to ban deadly weapons in the State Capitol failed to gain much enthusiasm within the unicameral. The motion, brought forth by Senator Machaela Cavanaugh, was rejected by a vote of 32 to 7.
Senator Cavanaugh told the Legislature’s Rules Committee that she was “terrified” when two men openly carried semi-automatic assault rifles inside the Capitol in 2020 when a committee she was involved in was holding a public hearing on a bill intended to reduce gun-related suicides. While open carry is legal, concealed carry is not. Senator Cavanaugh pointed this out in Wednesday’s session.
“Currently, you cannot have a concealed carry weapon in the Capitol,” said Senator Cavanaugh. “That’s prohibited. But you can have an open carry weapon, and we don’t even speak to any other deadly weapons – whether or not you can have them. So, this would prohibit all deadly weapons, whether they’re concealed or not, from being in the Capitol while we are in session.
This allows our law enforcement and security individuals in this building to take action if somebody were to bring a deadly weapon into the Capitol.”
Numerous senators then took turns voicing their opinions on this proposed change. Senator Julie Slama went first to openly oppose the motion, due to her support of the Second Amendment and her concern over the wording.
“Just about anything could be used as a deadly weapon if somebody was trying hard enough,” said Senator Slama. This then spurred a debate regarding the meaning of the term “deadly weapon.” Senator Cavanaugh pointed out the term is defined in statute and does not refer to pens or sticky notes, to which Senator Slama cited a 1991 Supreme Court case that found “a three-by-three-quarter-inch ‘spanking board’ could be found to be a deadly weapon under our statutory definition.”
Senators Steve Erdman and Tom Brewer both spoke to oppose the rule change. Senator Jane Reybould of Lincoln voiced her support of the motion, saying, “I, like Senator Slama, am in full support of the Second Amendment, but … it’s very standard, it’s very, very common in the city of Lincoln [and] Lancaster County. We do not permit firearms or deadly weapons in our municipal buildings. We do not permit them in our schools.”
Ultimately, the measure did not pass, and it was perhaps Senator Megan Hunt who stated her position most succinctly: “We can’t take away the rights of Nebraskans just because of somebody’s feelings.”