Judiciary Committee hears collection of bills aimed at improving state’s domestic violence response
By Erin Bamer
Nebraska Examiner
LINCOLN — Nebraska lawmakers considered a slate of bills Friday aimed at improving protections for victims of domestic violence, including one that would require the people against whom protection orders were issued to temporarily surrender their firearms.
The Nebraska Legislature’s Judiciary Committee hosted public hearings on five bills that all seek to adjust the ways the state responds to domestic violence reports. Some of the policies considered included graduated penalties for repeated violations of protection orders and updates to Nebraska’s criminal code to address modern abuse tactics, adding penalties for using mobile tracking devices on a partner without his or her consent.
Legislative Bill 1088, introduced by State Sen. Jane Raybould of Lincoln, would require people with domestic abuse protection orders granted against them or people convicted of a domestic violence misdemeanor charge to surrender their owned firearms and to prove they complied with this aspect of the new law. Violations would be a Class I misdemeanor, which comes with a $1,000 fine, up to one year in jail, or both.
Current Nebraska law bans those convicted of domestic abuse charges or named in an issued protection order from purchasing new guns or ammunition. But Raybould and LB 1088 supporters argue that leaves a “deadly gap” in Nebraska’s criminal justice system. Raybould said her bill would bring Nebraska in line with 29 other states with similar laws.
“We can’t stick our heads in the sand about this issue,” Raybould said. “Especially when there are small but significant steps that we can take.”
LB 1088 saw seven supporters and two opponents testify at Friday’s hearing. Supporters included multiple survivors, a loved one of a deceased victim, a family law attorney, the Nebraska Coalition to End Sexual and Domestic Violence, the Police Chiefs Association of Nebraska and the Women’s Fund of Omaha.
Multiple testifiers argued LB 1088 would save lives. Carrie Wiese, a domestic abuse survivor, said her abuser’s handgun “went missing” after he was issued a protection order three years ago. Had she been staying in a place where he could find her, Wiese said she may not be alive today.
Wiese and other supporters emphasized that the bill was a necessary enforcement tool for protection orders.
“Otherwise the [protection order] is just a piece of paper … that is not bulletproof,” Wiese said.
Melanie Kirk, legal director for the Nebraska Coalition to End Sexual and Domestic Violence, said the period a victim seeks and secures a protection order is often the most dangerous for victims. When there is a firearm present in the home, violence is far more likely, she said.
Kirk acknowledged that one of the biggest challenges in LB 1088 was storage of seized firearms, noting that some law enforcement agencies may not have the capacity to store the weapons themselves. She suggested a delayed implementation date for the new law to give those agencies time to secure the needed infrastructure to handle weapons drop-offs.
Spencer Head with the Douglas County Sheriff’s Office opposed LB 1088 in part for this reason. He said his office wouldn’t have the storage capacity necessary for this process and noted other procedural issues with the proposal. For example, he said his office is prohibited from returning seized ammunition.
Raybould indicated she was willing to negotiate with law enforcement on a possible amendment.
Dick Clark, an attorney and legislative staffer representing himself on Friday, also opposed the bill. He said LB 1088 would add unnecessary duties for law enforcement and noted that prohibited persons are already banned from possessing firearms under Nebraska law.
Clark argued LB 1088 would instill a stricter policy than federal law, which calls for the surrender of firearms only after the final order of a domestic abuse case has been made. He said the bill is well-intentioned, but he doubts it would actually accomplish Raybould’s goal of preventing violence.
“If they’re willing to kill, they’re probably willing to be a liar,” Clark said.