Commissioners Stand Against 'Red Flag' Proposal

The Cheyenne County Commissioners Tuesday approved a resolution in support of the Second Amendment to the U.S. Constitution and in protest against.

The Nebraska Legislature is considering Legislative Bill 54 (LB 54) which would give the courts authority to have firearms removed from a home.

Tuesday morning, Cheyenne County Attorney Paul Schaub presented a resolution defining the county's position against the bill also referred to as the “Red Flag Law.”

“Our position is it would take away a person's Second Amendment rights,” Schaub said.

Schaub said other officials throughout the state at county and local levels are also standing against LB 54.

The resolution against the bill was unanimously supported by the county commissioners, Cheyenne County Sheriff Adam Frerichs, and County Attorney Paul Schaub. The resolution was also supported by residents in attendance Bernie Fehringer, Dave Phelps and Dan Carlson.

The resolution reads that “the Second Amendment of the United States Constitution provides that it is the right of the people to keep and bear arms, and that right shall not be infringed.” The resolution further says the Nebraska Constitution also provides for the right to keep and bear arms. The county resolution specifically acknowledges “for security or defense of self, family, home and others, and for lawful common defense, hunting, recreational us, and all other lawful purposes.” The Nebraska Constitution also defines the right to bear arms “shall not be infringed.”

LB 58 is also known as the Extreme Risk Protection Order Act. Section 1 of the bill says a petition for an Extreme Risk Protection Order Act alleges the person in question “poses a significant risk of causing personal injury to self or others by having in his or her custody or control, purchasing, possessing, or receiving a firearm.” The petitioner also must include an affidavit made under oath with specific facts that lead to a “reasonable fear of future dangerous acts by the respondent.”

Schaub said one of his concerns is the use of an ex-parte procedure. LB 58 defines ex parte extreme risk protection order as “a temporary protection order issued on an ex parte basis under section 5 of this act.” Schaub said ex parte is when a court proceeding is held with only one side of the case represented. He added the hearing has “no evidence of a crime being committed.”

Retired Attorney Bernie Fehringer said his concern is the potential abuse of the law, and the lack of due process. He says he understands the intent of preventing a person from harming him or herself. However, the law as presented does not allow the gun owner to represent himself.