Two weeks after people filled the Box Butte County District Courtroom during a regular commissioners meeting to voice their concerns over Legislative Bill 58, the Box Butte County Commissioners signed a resolution to “stand and defend the rights and liberties of all county citizens, which are guaranteed by the United States and Nebraska Constitutions.”
On March 17, the commissioners discussed the opposition to LB 58 with constituents prior to voting on the resolution. The bill, if passed, would allow law enforcement officers or family members to file a petition for an “extreme risk protection order” against someone they believe may hurt themselves or others. The bill was introduced by Senator Adam Morfeld.
The petition would have to demonstrate the following: evidence that a significant risk of injury exists, specific statements of actions that show the risk of future dangerous acts, the number and type of firearms believed to be in their possession, any pending lawsuits and any existing protection orders.
If the order would be issued by the court, the individual would be required to surrender their concealed carry permits and their firearms.
If the order is terminated, or expires, the surrendered firearms would be returned to the person. Any person who would submit a petition on false information or with the intent to harass an individual would be found guilty of a class 3 misdemeanor, which carries the penalty of time in jail, a $500 fine, or both.
Box Butte County residents Guy Heilscher and Sheila Walker thanked the commissioners for their work in drafting the resolution and for their support.
“This has been sort of a tough thing to get going,” said Walker. “I appreciate the fact that you listened to what the people in the county want.”
The language of the resolution describes the right for people to keep and bear arms as set forth in the Bill of Rights, and defended in a number of cases that came before the Supreme Court. The resolution also notes the oath the commissioners took to defend the United States Constitution, the Constitution of the State of Nebraska, and the laws of the State of Nebraska.
The board, in the resolution, also affirmed its support of the Box Butte County Sheriff and her or his decision to defend the Constitution.
Commissioner Doug Hashman made the motion to adopt the resolution, and Commissioner Susan Lore seconded the motion. It passed, with Hashman and Lore voting in favor of the motion. Commissioner Mike McGinnis was absent from the meeting.
“I want to thank everybody for their support and for the discussion we had,” Hashman said. “We appreciate your input. We just got it in the right, proper form. Hopefully it will send a message.”