Cheyenne County Commissioners pass resolution affirming opposition to potential Red Flag Law
SIDNEY, NE - The Cheyenne County Commissioners passed a resolution at their meeting Tuesday night to cement its position pertaining to a bill in the legislature they believe could violate the second amendment.
Cheyenne County Sheriff Adam Frerichs confirmed resolution's passing to KSID and News Channel Nebraska on Wednesday.
The resolution effectively means that the county would support the county attorney and sheriff if they choose not to enforce a law they feel violates the second amendment of the U.S. Constitution.
The bill in question is LB 58 which is currently in the Nebraska legislature. LB 58, introduced by Senator Adam Morfeld of Lincoln, would allow for the confiscation of firearms if a court were to issue an Extreme Risk Protection Order (ERPO).
The original writing of the bill allowed for a family or household member to file a petition for an ERPO. An amendment submitted by Morfeld on February 12 would allow only for law enforcement to submit a petition.
Frerichs says the concern with LB 58 is that there is no due process involved with the procedures outlined in the bill and that it would violate the rights given to the people in the U.S and state constitutions.
"We are a constitutional county," Frerichs said.
Frerichs also stated that the state already has measures that include due process for people who are believed to pose a serious risk.