LB1339 LB1339
2024 2024
LEGISLATURE OF NEBRASKA
ONE HUNDRED EIGHTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 1339
Introduced by Brewer, 43; Aguilar, 35; Albrecht, 17; Ballard, 21; Bosn,
25; Bostelman, 23; Brandt, 32; Clements, 2; DeKay, 40;
Dorn, 30; Dover, 19; Erdman, 47; Halloran, 33; Hansen, 16;
Hardin, 48; Holdcroft, 36; Ibach, 44; Jacobson, 42; Kauth,
31; Linehan, 39; Lippincott, 34; Lowe, 37; McDonnell, 5;
Meyer, 41; Moser, 22; Murman, 38; Sanders, 45; Slama, 1;
von Gillern, 4.
Read first time January 17, 2024
Committee: Education
1 A BILL FOR AN ACT relating to schools; to amend section 28-1204.04,
2 Revised Statutes Cumulative Supplement, 2022, and sections 28-1201,
3 28-1202.01, and 79-3109, Revised Statutes Supplement, 2023; to
4 change provisions relating to carrying a concealed handgun and to
5 possession of a firearm in a school, on school grounds, or at school
6 events; to define and redefine terms; to provide for public and
7 private schools to provide emergency response mapping data to public
8 safety agencies; to provide for grants; to provide powers and duties
9 for educational service units, the State Department of Education and
10 the State Board of Education; to change permitted uses of the School
11 Safety and Security Fund; to harmonize provisions; and to repeal the
12 original sections.
13 Be it enacted by the people of the State of Nebraska,
-1-
LB1339 LB1339
2024 2024
1 Section 1. Section 28-1201, Revised Statutes Supplement, 2023, is
2 amended to read:
3 28-1201 For purposes of sections 28-1201 to 28-1212.04, unless the
4 context otherwise requires:
5 (1) Case means (a) a hard-sided or soft-sided box, container, or
6 receptacle intended or designed for the primary purpose of storing or
7 transporting a firearm or (b) the firearm manufacturer's original
8 packaging. This definition does not apply to section 28-1204.04;
9 (2) Concealed handgun means a handgun that is entirely obscured from
10 view. If any part of the handgun is capable of being seen or observed by
11 another person, it is not a concealed handgun;
12 (3) Firearm means any weapon which is designed to or may readily be
13 converted to expel any projectile by the action of an explosive or frame
14 or receiver of any such weapon;
15 (4) Fugitive from justice means any person who has fled or is
16 fleeing from any peace officer to avoid prosecution or incarceration for
17 a felony;
18 (5) Handgun means any firearm with a barrel less than sixteen inches
19 in length or any firearm designed to be held and fired by the use of a
20 single hand;
21 (6) Home school means a school which: (i) Elects pursuant to section
22 79-1601 not to meet accreditation or approval requirements; and (ii) is
23 located in a personal residence;
24 (7) (6) Juvenile means any person under the age of eighteen years;
25 (8) (7) Knife means:
26 (a) Any dagger, dirk, knife, or stiletto with a blade over three and
27 one-half inches in length and which, in the manner it is used or intended
28 to be used, is capable of producing death or serious bodily injury; or
29 (b) Any other dangerous instrument which is capable of inflicting
30 cutting, stabbing, or tearing wounds and which, in the manner it is used
31 or intended to be used, is capable of producing death or serious bodily
-2-
LB1339 LB1339
2024 2024
1 injury;
2 (9) (8) Knuckles and brass or iron knuckles means any instrument
3 that consists of finger rings or guards made of a hard substance and that
4 is designed, made, or adapted for the purpose of inflicting serious
5 bodily injury or death by striking a person with a fist enclosed in the
6 knuckles;
7 (10) (9) Machine gun means any firearm, whatever its size and usual
8 designation, that shoots automatically more than one shot, without manual
9 reloading, by a single function of the trigger;
10 (11)(a) (10)(a) Minor means a person who is under twenty-one years
11 of age.
12 (b) Minor does not include a person who is eighteen years of age or
13 older if the person is (i) a member of the armed forces of the United
14 States, active or reserve, National Guard of this state, or Reserve
15 Officers' Training Corps or (ii) a peace officer or other duly authorized
16 law enforcement officer;
17 (12)(a) (11)(a) Prohibited person means:
18 (i) A person prohibited from possessing a firearm or ammunition by
19 state law, including, but not limited to, section 28-1206; or
20 (ii) A person prohibited from possessing a firearm or ammunition by
21 18 U.S.C. 922(d) or (g), as such section existed on January 1, 2023.
22 (b) This definition does not apply to the use of the term prohibited
23 person in section 28-1206;
24 (13) (12) Qualified law enforcement officer and qualified retired
25 law enforcement officer have the same meanings as in 18 U.S.C. 926B and
26 926C, respectively, as such sections existed on January 1, 2023;
27 (14)(a) (13) School means a public, private, denominational, or
28 parochial elementary, vocational, or secondary school, a private
29 postsecondary career school as defined in section 85-1603, a community
30 college, a public or private college, a junior college, or a
31 university. ;
-3-
LB1339 LB1339
2024 2024
1 (b) School does not include a home school;
2 (15) (14) Short rifle means a rifle having a barrel less than
3 sixteen inches long or an overall length of less than twenty-six inches;
4 and
5 (16) (15) Short shotgun means a shotgun having a barrel or barrels
6 less than eighteen inches long or an overall length of less than twenty-
7 six inches.
8 Sec. 2. Section 28-1202.01, Revised Statutes Supplement, 2023, is
9 amended to read:
10 28-1202.01 (1) Except as otherwise provided in this section and
11 section 28-1204.04, a person, other than a minor or a prohibited person,
12 may carry a concealed handgun anywhere in Nebraska, with or without a
13 permit under the Concealed Handgun Permit Act.
14 (2) Except as provided in subsection (10) of this section, a person
15 shall not carry a concealed handgun into or onto any place or premises
16 where the person, persons, entity, or entities in control of the place or
17 premises or employer in control of the place or premises has prohibited
18 the carrying of concealed handguns into or onto the place or premises.
19 (3) Except as provided in subsection (10) of this section, a person
20 shall not carry a concealed handgun into or onto any: Police, sheriff, or
21 Nebraska State Patrol station or office; detention facility, prison, or
22 jail; courtroom or building which contains a courtroom; polling place
23 during a bona fide election; meeting of the governing body of a county,
24 public school district, municipality, or other political subdivision;
25 meeting of the Legislature or a committee of the Legislature; financial
26 institution; professional or semiprofessional athletic event; building,
27 grounds, vehicle, or sponsored activity or athletic event of any school;
28 public, private, denominational, or parochial elementary, vocational, or
29 secondary school, a private postsecondary career school as defined in
30 section 85-1603, a community college, or a public or private college,
31 junior college, or university; place of worship; hospital, emergency
-4-
LB1339 LB1339
2024 2024
1 room, or trauma center; political rally or fundraiser; establishment
2 having a license issued under the Nebraska Liquor Control Act that
3 derives over one-half of its total income from the sale of alcoholic
4 liquor; place where the possession or carrying of a firearm is prohibited
5 by state or federal law; or any other place or premises where handguns
6 are prohibited by state law.
7 (4)(a) A financial institution may authorize its security personnel
8 to carry concealed handguns in the financial institution while on duty so
9 long as each member of the security personnel, as authorized, is not
10 otherwise prohibited by state law from possessing or carrying a concealed
11 handgun and is in compliance with sections 28-1202.02 to 28-1202.04.
12 (b) A place of worship may authorize its security personnel to carry
13 concealed handguns on its property if:
14 (i) Each member of the security personnel, as authorized, is not
15 otherwise prohibited by state law from possessing or carrying a concealed
16 handgun and is in compliance with sections 28-1202.02 to 28-1202.04;
17 (ii) Written notice is given to the congregation; and
18 (iii) For leased property, the carrying of concealed handguns on the
19 property does not violate the terms of any real property lease agreement
20 between the place of worship and the lessor.
21 (5) If a person, persons, entity, or entities in control of the
22 place or premises or an employer in control of the place or premises
23 prohibits the carrying of concealed handguns into or onto the place or
24 premises and such place or premises are open to the public, a person does
25 not violate this section unless the person, persons, entity, or entities
26 in control of the place or premises or employer in control of the place
27 or premises has posted conspicuous notice that carrying a concealed
28 handgun is prohibited in or on the place or premises or has made a
29 request, directly or through an authorized representative or management
30 personnel, that the person remove the concealed handgun from the place or
31 premises.
-5-
LB1339 LB1339
2024 2024
1 (6) A person carrying a concealed handgun in a vehicle or on his or
2 her person while riding in or on a vehicle into or onto any parking area,
3 which is open to the public, used by any location listed in subsection
4 (2) or (3) of this section, does not violate this section if, prior to
5 exiting the vehicle, the handgun is locked inside the glove box, trunk,
6 or other compartment of the vehicle, a storage box securely attached to
7 the vehicle, or, if the vehicle is a motorcycle, other than an autocycle,
8 a hardened compartment securely attached to the motorcycle. This
9 subsection does not apply to any parking area used by such location when
10 the carrying of a concealed handgun into or onto such parking area is
11 prohibited by federal law.
12 (7) An employer may prohibit employees or other persons from
13 carrying concealed handguns in vehicles owned by the employer.
14 (8) A violation of this section is a Class III misdemeanor for a
15 first offense and a Class I misdemeanor for any second or subsequent
16 offense.
17 (9)(a) Except as provided in subdivision (9)(b) of this section, it
18 is an affirmative defense to a violation of subsection (3) of this
19 section that the defendant was engaged in any lawful business, calling,
20 or employment at the time the defendant was carrying a concealed handgun
21 and the circumstances in which the defendant was placed at the time were
22 such as to justify a prudent person in carrying a concealed handgun for
23 the defense of his or her person, property, or family.
24 (b) The affirmative defense provided for in this subsection:
25 (i) Does not prevent a prosecution for a violation of section
26 28-1204.04; and
27 (ii) Is not available if the defendant refuses to remove the
28 concealed handgun from the place or premises after a person in control of
29 the place or premises has made a request, directly or through an
30 authorized representative or management personnel, that the defendant
31 remove the concealed handgun from the place or premises.
-6-
LB1339 LB1339
2024 2024
1 (10) Subsections (2) and (3) of this section do not apply to a
2 qualified law enforcement officer or qualified retired law enforcement
3 officer carrying a concealed handgun pursuant to 18 U.S.C. 926B or 926C,
4 respectively, as such sections existed on January 1, 2023.
5 (11) Action taken in compliance with section 28-1204.04 shall not be
6 a violation of this section.
7 Sec. 3. Section 28-1204.04, Revised Statutes Cumulative Supplement,
8 2022, is amended to read:
9 28-1204.04 (1) Any person who possesses a firearm in a school, on
10 school grounds, in a school-owned vehicle, or at a school-sponsored
11 activity or athletic event is guilty of the offense of unlawful
12 possession of a firearm at a school. Unlawful possession of a firearm at
13 a school is a Class IV felony.
14 (2) Subsection (1) of this section does This subsection shall not
15 apply to:
16 (a) The the issuance of firearms to or possession by members of the
17 armed forces of the United States, active or reserve, National Guard of
18 this state, or Reserve Officers' Officers Training Corps or peace
19 officers or other duly authorized law enforcement officers when on duty
20 or training; ,
21 (b) The the possession of firearms by peace officers or other duly
22 authorized law enforcement officers;
23 (c) The carrying of concealed handguns by qualified law enforcement
24 officers or qualified retired law enforcement officers carrying pursuant
25 to 18 U.S.C. 926B or 926C, respectively, as such sections existed on
26 January 1, 2023;
27 (d) Possession of a firearm by a person who is (i) employed or when
28 contracted by a school to provide school security or school event control
29 services and (ii) acting in conformance with a written policy adopted by
30 such school that complies with subsection (3) of this section; , (c)
31 (e) Firearms firearms which may lawfully be possessed by the person
-7-
LB1339 LB1339
2024 2024
1 receiving instruction, for instruction under the immediate supervision of
2 an adult instructor; ,
3 (f) Firearms (d) firearms which may lawfully be possessed by a
4 member of a college or university firearm team, to include rifle, pistol,
5 and shotgun disciplines, within the scope of such person's duties as a
6 member of the team; ,
7 (g) Firearms (e) firearms which may lawfully be possessed by a
8 person employed by a college or university in this state as part of an
9 agriculture or a natural resources program of such college or university,
10 within the scope of such person's employment; ,
11 (h) Firearms (f) firearms contained within a private vehicle
12 operated by a nonstudent adult which are not loaded and (i) are enclosed
13 in a case encased or (ii) are in a locked firearm rack that is on a motor
14 vehicle; ,
15 (i) Firearms (g) firearms which may lawfully be possessed by a
16 person for the purpose of using them, with the approval of the school, in
17 a historical reenactment, in a hunter education program, or as part of an
18 honor guard; , or
19 (j) A (h) a handgun carried as a concealed handgun by a person other
20 than a minor or prohibited person valid holder of a permit issued under
21 the Concealed Handgun Permit Act in a vehicle or on his or her person
22 while riding in or on a vehicle into or onto any parking area, which is
23 open to the public and