Abortion foes win preliminary skirmish; permitless gun proposal heard

Abortion opponents won a preliminary skirmish in the Legislature Thursday. Abortion-rights supporters charged that the legislative process is being manipulated to fast-track proposed restrictions on abortion. And a committee heard arguments for and against allowing people to carry guns without a permit. Fred Knapp of Nebraska Public Media News has more in this legislative update:

Usually, proposals dealing with abortion get a public hearing before the Legislature’s Judiciary Committee, which handles legal subjects. But this year, LB626, a proposal to ban the procedure after about six weeks was referred to the Health and Human Services Committee.

Thursday morning, Sen. Megan Hunt, an abortion rights supporter, tried to get that changed. Supporters of LB626 argue that the bill creates no new criminal penalties, so it doesn’t need to go to the Judiciary Committee. But Sen. John Cavanaugh , who supports Hunt’s attempt to send it there, quoted an existing law, which the bill does not change, to argue that doctors who perform abortions after the new deadline would be exposed to criminal penalties.

“’The performing of an abortion by using anything other than accepted medical procedures is a class four felony,’” Cavanaugh said. “The reason I'm pointing to this specific one (law) is, LB626 is establishing an accepted medical procedure under which an abortion can be performed.”

Sen. Julie Slama said by that reasoning, almost every bill should be sent to Judiciary.

“There's possible criminal penalties, kind of, sort of, if you look at it in a certain way, on almost every single bill that gets introduced,” Slama said.

And Sen. Tom Briese, chair of the Referencing Committee that sent the bill to Health and Human Services (also known by the acronym HHS), urged his colleagues to look at the subjects covered by the bill.

“It provides directions and guidelines for physicians in the estimation of gestational age, and the performance of an ultrasound, what to record in the mother’s records, what to certify in writing. This, folks, sounds to me like the purview of HHS,” Briese said.

Hunt herself suggested another reason why the bill had been sent to HHS, which will deliberate over any amendments and decide whether or not to advance it to the full Legislature.

“That committee -- Health and Human Services -- does not have the subject matter jurisdiction experience and expertise to do that. It does have a majority of Republicans. Could that be why this bill is in that committee? Yes. Yes, yes, yes, yes,” Hunt said.

Health and Human Services has four Republicans and three Democrats. Judiciary has four Republicans and four Democrats, meaning the bill could get stuck there. There is a procedure known as a “pull motion” to get bills out of committee if they’re stuck. But avoiding that step could put LB626 on a faster track toward ultimate approval.

Senators voted 32-14 against Hunt’s bid to move the bill to the Judiciary Committee. She immediately moved to reconsider that vote – a move unlikely to change anyone’s mind, but which ensures that the discussion will continue Friday.

Assuming Friday’s discussion yields the same result as Thursday’s, then the Health and Human Services Committee will hold a public hearing on the bill next Wednesday afternoon.

There was another significant hearing Thursday afternoon. People filled a Capitol hallway, lining up to testify on Sen. Tom Brewer’s proposal to allow carrying concealed weapons without a permit. Brewer, an Army veteran who received two Purple Hearts after being wounded in Afghanistan, alluded to his background in his testimony before the Judiciary Committee.

“I probably have a unique position, in that there are few that have been on the receiving end, not just the shooting end of weapons. Being shot seven times doesn't justify me having a special place in this conversation, except the fact that I understand the significance of what I'm asking you here today,” Brewer said.

Brewer’s bill would eliminate the requirement for people who want to carry concealed weapon to receive training and apply for a permit, a process that can cost several hundred dollars.

“The challenge that we have with the way things currently are, with the concealed carry card is, it costs. And even though some may not think that's an issue, it is, that you're charging for a constitutional right,” he said.

Jason Walter was one of those who testified in support of the proposal.

“There is no reason anybody shouldn't have the best method to defend themselves of their life. None. God gave you the right to self defense whoever your god may be. It wasn't the country. God did that. You have a right to your life, and you should be able to defend that no matter what,” Walter said.

Omaha Police Chief Todd Schmaderer testified against the proposal, which he said would repeal that city’s gun registration ordinance.

“The ordinance helps us prevent the mentally ill, substance abusers, gang members and known criminals from purchasing a firearm. With the gun registration ordinance, we fully examine a person's criminal history, including recent arrest reports, and it helps us vet who is able to carry that firearm within the city of Omaha,” Schmaderer said.

Ron Cunningham was also among the opposition testifiers. He said the proposal would increase risks.

“I hope that most of us don’t believe that a gun has any place in a road rage incident, or any highly volatile confrontation, including domestic differences. Concealed carry for me only makes it easier for a gun to enter that type of situation, Cunningham said.

Judiciary chairman Sen. Justin Wayne said the committee could discuss whether to advance the bill in the next day or so.