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Nebraska hearing on LB957: sponsor seeks strict liability for minors'' handgun use; prosecutors warn of weaker charges
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Summary
Sen. John Kavanaugh introduced LB957 to require secure storage of loaded handguns and create strict liability when a child under 14 illegally possesses or uses a handgun. Proponents said it would reduce pediatric firearm deaths; Douglas County prosecutors and defense groups said the bill's definitions and penalties could make prosecutions harder and may undercut existing felony child-neglect charges.
Senator John Kavanaugh introduced LB957, saying the bill —strengthens safe storage laws and helps keep guns safely stored and out of the hands of children.— He said the measure, modeled on a neighboring state's law, would make adults strictly liable when a minor under 14 illegally uses or possesses a handgun and would create a class 1 misdemeanor for failure to securely store a loaded firearm when specified elements are met.
Proponents framed the bill as a child-safety measure. Mary Kelly of the League of Women Voters of Nebraska said states that emphasized safety measures have seen fewer pediatric firearm deaths and urged the committee to advance LB957. Chloe Fowler, child-welfare policy analyst for the Nebraska Children's Commission, said unsecured firearms are a clear, preventable risk for children and argued the bill aligns with prevention priorities and does not criminalize children.
Opponents raised drafting, enforcement, and penalty concerns. Dara Delahant, deputy county attorney for Douglas County, said her office prosecutes negligent child-abuse cases now under Nebraska Revised Statute 28-707 that carry felony penalties and argued LB957 as written would lengthen the list of elements prosecutors must prove and lower the maximum penalty, making convictions harder to obtain. Delahant asked for clearer definitions for key terms in the bill such as what constitutes a loaded firearm or a public place and whether —exhibits a firearm— differs legally from possession.
Spike Eichel of the Nebraska Criminal Defense Attorneys Association similarly warned the bill risks creating overlapping or duplicative criminal charges and suggested amending existing statutes instead of creating a broadly worded new offense. Committee members asked whether the bill's liability and penalty provisions should be adjusted to preserve prosecutors' ability to pursue serious negligent-child-abuse prosecutions; Senator Kavanaugh said he was willing to work on language, including narrower definitions or notice mechanisms.
The hearing drew several proponent witnesses and multiple opponents; the committee concluded the hearing without taking final action. Senator Kavanaugh indicated he would remain available to work with prosecutors and stakeholders on clarifying definitions, exceptions, and the liability standard.
