Nebraska Hunting and Fishing Amendment, Amendment 2 (2012)

Amendment 2
Type	Legislative referral
Topic	Hunting
Status	a

The Nebraska Hunting and Fishing Amendment, also known as Amendment 2, was on the November 6, 2012 ballot in Nebraska as a legislatively referred constitutional amendment, where it was approved. The measure protected the right of residents to hunt and fish in the state. The proposal was sponsored by Sen. Pete Pirsch.

Election results

See also: 2012 ballot measure election results

Nebraska Amendment 2
Result		Votes	Percentage
a Yes		557,534	76.73%
No		169,250	23.27%

Official results are from the Nebraska Secretary of State.

Text of measure

The official text of the measure as it appeared on the ballot:

A constitutional amendment to establish the right to hunt, to fish, and to harvest wildlife and to state that public hunting, fishing, and harvesting of wildlife shall be a preferred means of managing and controlling wildlife.

For __
Against __

Background

See also: History of right to hunt and fish constitutional amendments

As of November 2024, 24 states had constitutional provisions providing for the right to hunt and fish. Vermont was the first state to constitutionalize such a right in 1777. The other 22 states have adopted right to hunt and fish amendments since 1996. The state constitutions of California and Rhode Island include amendments guaranteeing the right to fish, but not to hunt.

List

The following is a list of state ballot measures to adopt right to hunt and fish amendments:

State	Year	Type	Title	Description	Result	Yes Votes	No Votes
FL	2024	LRCA	Amendment 2	Provide for a state constitutional right to hunt and fish	a	6,941,307 (67%)	3,365,987 (33%)
UT	2020	LRCA	Constitutional Amendment E	Provide for a state constitutional right to hunt and to fish	a	1,063,212 (75%)	355,848 (25%)
NC	2018	LRCA	Right to Hunt and Fish Amendment	Provide for a state constitutional right to hunt, fish, and harvest wildlife	a	2,083,123 (57%)	1,563,090 (43%)
IN	2016	LRCA	Public Question 1	Provide for a state constitutional right to hunt, fish, and trap, including traditional methods	a	1,893,467 (79%)	492,300 (21%)
KS	2016	LRCA	Constitutional Amendment 1	Provide for a state constitutional right to hunt, fish, and trap, including traditional methods	a	926,970 (81%)	213,104 (19%)
TX	2015	LRCA	Proposition 6	Provide for a state constitutional right to hunt, fish, and trap, including traditional methods	a	1,260,763 (81%)	294,973 (19%)
AL	2014	LRCA	Amendment 5	Provide for a state constitutional right to hunt, fish, and harvest wildlife, including traditional methods	a	789,777 (80%)	199,483 (20%)
MS	2014	LRCA	HCR 30	Provide for a state constitutional right to hunt, fish, and trap, including traditional methods	a	524,423 (88%)	71,683 (12%)
ID	2012	LRCA	HJR 2	Provide for a state constitutional right to hunt, fish, and trap, including traditional methods	a	456,514 (73%)	165,289 (27%)
KY	2012	LRCA	Amendment	Provide for a state constitutional right to hunt, fish, and harvest wildlife	a	1,298,340 (84%)	238,320 (16%)
NE	2012	LRCA	Amendment 2	Provide for a state constitutional right to hunt, fish, and harvest wildlife	a	557,534 (77%)	169,250 (23%)
WY	2012	LRCA	Amendment B	Provide for a state constitutional right to harvest wild bird, fish, and game	a	212,561 (89%)	25,564 (11%)
AR	2010	LRCA	Amendment 1	Provide for a state constitutional right to hunt, fish, trap, and harvest wildlife	a	612,495 (83%)	127,444 (17%)
AZ	2010	LRCA	Proposition 109	Provide for state constitutional right to hunt, fish, and harvest wildlife		714,144 (44%)	926,991 (56%)
SC	2010	LRCA	Amendment 1	Provide for a state constitutional right to hunt, fish, and harvest wildlife	a	1,126,228 (89%)	139,668 (11%)
TN	2010	LRCA	Amendment	Provide for state constitutional right to hunt and fish	a	1,255,840 (87%)	181,465 (13%)
OK	2008	LRCA	State Question 742	Establish a constitutional right to hunt, trap, fish, and take game, granting authority to the Wildlife Conservation Commission.	a	1,082,341 (80%)	269,787 (20%)
GA	2006	LRCA	Amendment 2	Preserve the ability to fish and hunt in Georgia and ensure it is managed by law and regulation for the public good	a	1,626,226 (81%)	379,024 (19%)
LA	2004	LRCA	Question 1	Provide for a state constitutional right to hunt, fish, and trap	a	1,195,445 (81%)	279,926 (19%)
MT	2004	LRCA	C-41	Provide for a state constitutional right to harvest wild fish and game	a	345,505 (81%)	83,185 (19%)
WI	2003	LRCA	Question 1	Provide for a state constitutional right to hunt, fish, trap, and take game	a	668,459 (82%)	146,182 (18%)
ND	2000	LRCA	Measure 1	Provide for a state constitutional right to hunt, fish, trap, and take game	a	206,443 (77%)	61,531 (23%)
VA	2000	LRCA	Question 2	Provide for a right to hunt, fish, and harvest game	a	1,448,154 (60%)	970,266 (40%)
MN	1998	LRCA	Amendment 3	Provide for a state constitutional right to hunt, fish, and take game	a	1,570,720 (77%)	462,749 (23%)
AL	1996	LRCA	Amendment 1	Provide for a state constitutional right to hunt and fish	a	955,149 (81%)	218,350 (19%)

Map

The following map shows which states have constitutional rights to hunt and fish in their state constitutions:

Support

Proposal sponsor Sen. Pete Pirsch argued that the amendment was necessary to protect hunting rights. According to him, recent changing attitudes towards hunting put it at risk of being challenged. "Since the founding of our state — and for that matter, for as long as humans have been here — hunting, fishing and harvesting wildlife have been fundamental freedoms that people have engaged in. These activities are critical to our state's economy," said Pirsch.

Supporters

• American Fisheries Society
• Izaak Walton League
• Ducks Unlimited
• Nebraska Council of Sportsmen's Club
• Nebraska Farm Bureau Federation
• Nebraska Firearms Owners Association
• Nebraska Game and Parks Commission
• Nebraska League of Conservation Voters
• Nebraska Sportsmen's Foundation
• Nebraska Wildlife Federation

Opposition

Sen. Amanda McGill said, "I don't think anyone in this body wants to get rid of hunting and fishing. Does this really rise to the level of needing a constitutional amendment?" According to reports, McGill countered the proposal with an amendment to guarantee the right to swim, farm, ranch, drive, boat, golf, nap and watch Husker football.

Sen. Steve Lathrop said, "It is feel-good legislation. When we use the constitution to make a political point or to satisfy a constituency, we're not doing our job."

Sen. Brenda Council also opposed the measure and argued that the proposal "trivializes the Nebraska Constitution."

Path to the ballot

See also: Amending the Nebraska State Constitution

In order to qualify a proposed measure to the statewide ballot, 60% of the members of the Nebraska State Legislature must vote in approval.

On April 18, 2011, the measure passed its first hearing when the legislature voted 32-6 to enroll the proposal. On Tuesday, March 27, 2012, the measure passed its final hearing with a 41-3 vote of approval, thereby passing on to the ballot.

See also

Suggest a link

• Nebraska 2012 ballot measures
• 2012 ballot measures

External links

• LR40CA (status)
• LR40CA (full text) (dead link)

Additional reading

• Associated Press, "More states make right to hunt bulletproof even as supporters say bagging deer not a target," September 23, 2011