Bill to prohibit certain weapons in state Capitol narrowed, advanced to final round

After narrowing the definition of a prohibited weapon, lawmakers advanced a bill from select file March 31 that would prohibit entering the Nebraska State Capitol with a weapon or other banned substance.

LB1237, introduced by the Executive Board, would provide exceptions for individuals who have received prior approval from the Nebraska State Patrol and would allow possession of a weapon by law enforcement officers in the course of their official duties.

The bill also would allow any individual holding a current, valid permit issued pursuant to the Concealed Handgun Permit Act and qualified law enforcement officers, including retired officers, to carry concealed handguns in the building.

As introduced, violations of LB1237 would be a Class III misdemeanor. The measure was amended on general file to remove the criminal penalty for violations of the bill’s provisions.

The Nebraska State Patrol would be charged with implementing procedures to provide for detection of weapons and controlled substances to prevent them from being brought into the Capitol by no later than Jan. 1, 2027.

Under the bill as introduced, prohibited substances would include explosives, incendiary or other combustible devices, hazardous materials and paint and spray paint. Weapons would include guns, knives, brass or iron knuckles, pepper spray, tasers and stun guns.

Sen. Ben Hansen of Blair, chairperson of the committee, offered an amendment on select file to narrow the bill’s definition of a weapon to include only firearms and knives with a blade over 3.5 inches in length that could, in the manner it is used or intended to be used, be capable of producing death or serious bodily injury.

Hansen said the definition mirrors that of a “deadly weapon” in other areas of state law and was chosen to avoid the bill being “too proscriptive” by banning items such as pocket knives or pepper spray.

“The change focuses the prohibition on the most deadly items while avoiding an overly broad ban that would affect nonlethal defense tools along with common, everyday carry items many Nebraskans have for legitimate purposes,” Hansen said.

Following adoption of the Hansen amendment 35-1, senators advanced LB1237 to final reading 36-3.