Omaha Police Chief Todd Schmaderer speaks as emergency personnel respond to an active shooter situation at the Super Target at 17810 West Center Road in Omaha on Tuesday, January 31, 2023. The suspect was shot dead by Omaha Police. There were no reports of other shooting victims.
The City of Omaha is preparing to repeal a raft of its gun ordinances that conflict with a new Nebraska state law, but the City Council president is looking into new regulations to mitigate the damage.
City Attorney Matt Kuhse has advised the council that it must repeal 22 sections of city code pertaining to firearms, City Council President Pete Festersen said.
According to City Council documents, the ordinances the council will ditch include a requirement to obtain a permit to buy a handgun, a prohibition on people under 21 possessing guns that can be concealed, and restrictions on carrying concealed weapons without a state permit and transporting certain firearms.
That's because the Omaha ordinances are in violation of LB77, which the Nebraska Legislature passed and Gov. Jim Pillen signed into law, Kuhse said.
The bill will allow Nebraskans 21 and older to carry concealed weapons without a permit. The bill will apply statewide and invalidate any local ordinances limiting that ability. It will take effect Sept. 3.
"We don't want to be doing this," Festersen said. "It's required by the new law."
Mayor Jean Stothert, a majority of the Omaha City Council and Omaha Police Chief Todd Schmaderer opposed LB77. Schmaderer told the Legislature he was concerned that the bill would make it easier for people with criminal offenses to access firearms. He pushed, without success, to alter the bill with exceptions for Omaha, saying that he believed the bill had loopholes that would threaten police and the general public in Omaha.
LB77 says cities, counties and villages in Nebraska cannot "regulate the ownership, possession, storage, transportation, sale, or transfer of firearms or other weapons, except as expressly provided by state law." And it declares any city ordinances, including Omaha's, that do regulate those matters to be null and void, Kuhse said.
"It's important that they're taken off the books because the public needs to know that," Kuhse said. "... Maybe they'd look it up, see something out there, and believe (the city gun regulations) are still intact and call the police or something. The public needs to be aware that this is what the Legislature wanted."
Festersen said he's very concerned about the effects of the new state law in Omaha. He said Omaha's gun ordinances have been effective in getting illegal guns off the street and have helped Omaha police combat gun violence.
"LB77 failed to recognize that cities are facing a different situation and do need local control," he said.
Festersen is asking the City Law Department to research what he calls "new common-sense gun regulations" in cooperation with the Omaha Police Department and City Council.
In a memo sent Wednesday to Kuhse, Festersen asked for research into "regulating ghost guns, banning bump stocks, and making sure public places such as schools, public buildings, and event centers are protected." Festersen also asked Kuhse to determine whether LB77 prohibits a city from adopting "red flag" laws, or banning or regulating assault weapons within city limits.
Festersen's memo cited portions of Lincoln city code that ban guns and other dangerous weapons in city or county facilities and bans "multi-burst trigger activators."
"I want to pursue new measures that can better address illegal guns and violence in the community and increase community safety," Festersen said. He also has police officer safety in mind, he said.
Kuhse said Thursday that he had just received the memo and that his office will go to work on the request. Festersen asked for research and opinions by Aug. 25. The council is expected to have a public hearing and vote on repealing the ordinances Aug. 29.
"We're going to be looking to see what we can do within the confines, the guardrails, set by LB77," Kuhse said. "Both the police and the mayor's office have also been looking at it to see what can be done. We want to make sure it's something that will work. We've got to make sure it's something we can enforce. We don't want to have a law just to be symbolic."
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Mass shootings take place in nearly every type of public and private space