Nebraska: Committee Heard Firearm Seizure Bill Without Due Process

[Charlie T Waite]

On February 28^th, the Nebraska state Judiciary Committee heard Legislative Bill 58 and may bring it up for a vote soon.  LB 58 would allow Second Amendment rights to be suspended following baseless accusations without due process.  Please contact committee members and urge them to OPPOSE LB 58.  Click the “Take Action” button below to contact committee members.

Legislative Bill 58, introduced by Senator Adam Morfeld (LD-46), would create Extreme Risk Protection Orders (ERPO) to allow Second Amendment rights to be suspended following an ex parte hearing where the respondent is not present to defend against allegations made against them.  Upon the issuance of an ERPO, law-enforcement would be allowed to search for and seize any firearms possessed by the respondent.  An ERPO would be issued not because a person has been convicted of a crime or adjudicated mentally ill, but instead on these third party allegations.  This legislation lacks strong due process protections, contains low evidentiary standards, and falls well below the norm for removing fundamental, constitutional rights. 

Again, please click the “Take Action” button below to contact committee members and urge them to OPPOSE LB 58.