KEARNEY - The ban on concealed weapons will stay on the books in Kearney.

Sensing there is not overriding public support for lifting the ban, the Kearney City Council agreed tonight (Tuesday) to retain the ban.

"I'm glad we have the ability to say we don't want concealed weapons in our community," Councilman Randy Buschkoetter said.

Kearney's ban has been on the books since at least the 1920s, but the local ordinance is contrary to a state law approved earlier this year allowing Nebraskans to apply for conceal-carry permits after Jan. 1, 2007. However, state lawmakers omitted repealer language in LB454, meaning local bans supersede the state conceal-carry law.

Several council members criticized LB454, saying oversights in the law put public safety at risk. Some complained the law would allow people with protection orders against them to legally carry concealed guns.

"Just because the state passes a bad law, does Kearney have to pass a bad law, too?" Mayor Galen Hadley said.
Hadley was the first council member to speak in favor of retaining Kearney's ordinance. Buschkoetter and Councilmen Don Kearney and Bruce Lear also chimed in.

But Councilman Stan Clouse disagreed, saying Kearney's ban prevents residents from enjoying the same legal ability to carry concealed weapons as other Nebraskans.

"I'm not agreeing with everything I'm hearing," Councilman Stan Clouse said. "I have a tough time telling law-abiding citizens they can't carry a weapon."

No vote was taken. Council members discussed the conceal-carry issue in front of a nearly packed council chamber, and in the end decided Kearney's ban would remain.

The council will inform the Nebraska League of Municipalities about its decision. Norfolk City Administrator Mike Nolan has asked the League to consider how LB454 might be amended or how Nebraska cities might be more uniform in their approach to the conceal-carry issue.

Clouse suggested that Kearney should participate in the League's review of LB454, but Hadley said he doesn't want to signal Kearney supports the conceal-carry law by participating.

Buschkoetter agreed. "I'd suggest that the law excludes municipalities. I like the idea of local control."

In other business tonight (Tuesday), the council discussed a proposed smoking ban, but decided to allow the issue to rest about a month before setting a course. It was suggested that Kearney voters should settle the smoking issue.

Lincoln voters approved a smoking ban almost two years ago. A ban in Omaha will be phased in over five years, but is facing legal challenges.

Lexington voters will decide in November whether to ban smoking.

e-mail to:
mike.konz@kearneyhub.com