How to register handgun from out of state in Omaha

[jdredskinsfan]

Hey folks!

I have the privilege of living in Omaha (ugh) and was previously a Texas resident with a Texas CHL. However, I just became a Nebraska resident, and per Nebraska's reciprocity rules (they only recognize out of state permits for non Nebraska residents) I am apparently CHL-less despite having updated my address.

In any case, that's not my main concern. I have some handguns (all legally purchased in Texas while a Texas resident) that I would like to (read: need to) register in the interim until I get my NE carry permit. These guns aren't currently in Omaha but will be after my next trip home.

How do I go about registering? The only two options I see are purchasing from a store (in which case I'd bring my receipt, go register, then pick up the handgun) or private sale (in which case I need a bill of sale or the seller's address and name). I have neither of these things since these guns were purchased some time ago in Texas. Is it as easy as showing up with them in a locked case to the station?

Just want to make sure I don't get booked for showing up with "illegal" handguns. And don't even get me started on the registration...

Would appreciate any advice.

[greg58]

When I first got my CHP it was my understanding that I needed to get any handgun I wanted to carry in Omaha registered there. I live in western Douglas Co. not currently part of Omaha.
So all I had to do was bag the unloaded handgun and take it to OPD headquarters, walk in the lobby and ask to have a handgun registered. I filled out paperwork, and they took the handgun in the back.
After about 20 minutes they came back with my handgun and a registration card.
I don't belive they asked for any reciepts from when I bought it, but the staff was generally unfriendly/crabby.
Not long after this, Nebr. state law was changed so Omaha could no longer require this of CHP holders.
So my suggestion would be to get your Nebr. CHP asap.
Good Luck, Greg58

[landon410]

I would NEVER advise you not follow the law, no matter who stupid and or possibly illegal it is..... (state law says state patrol is in charge of these matters, but OPD wants to stick its little pecker in the middle of everything)

BUT, when do you plan on taking the conceal class compared to when the firearms show up in Omaha?.......


Is there a chance you could borrow a firearm and take the conceal class before you have your stash brought up from Texas? Took me about a month to get my permit after taking class.

Another option is if you have friends/family who live outside of Omaha, you could keep your weapons there until you have you conceal, because you'll have to pay $15 to register every handgun, depending on how many you have that might be an expense you'd want to avoid.

[SemperFiGuy]

To possess a handgun in Nebraska without a CHP, you'll first need a State of Nebraska Firearm Purchase Certificate.

[Which is actually a Handgun purchase certificate, because such certificate is not needed for a long gun.]

Here's the scoop for Douglas County (some variation between NE counties):

========================================

Gun Permits

Frequently Asked Questions concerning Gun Permits
Gun Transfer Permit Application example (pdf)

The requirements for a handgun purchase in Douglas County are that you must:

    Be 21 years of age.
    Be a Douglas County Nebraska resident.
    Produce a valid Nebraska driver's license, Nebraska State I.D. or U.S. Military I.D. that has your CURRENT Douglas County address.
    U.S. Citizens not born in the United States will be required to produce a valid passport or citizenship papers.

If you meet the above requirements, you will then need to make application for a certificate to:

    Purchase
    Rent
    Lease
    Receive Transfer of a Handgun

There is a $5.00 fee due when application is made and a criminal history check will be performed. If the certificate is issued, it is valid statewide for three years. This can be done at the Douglas County Sheriff's Office 156th & West Maple location only, Monday through Friday 8:30 am to 4:00 pm.
======================================

Terminology is somewhat inconsistent:  Above info calls it a "Gun Permit".   On the permit itself, the wording in Douglas County is "Firearm Purchase Permit".

Whatever it is called, it does NOT allow any form of concealed carry.

FWIW,

sfg

[greg58]

I had forgot about the Sherriff handgun purchase permit, since I don't need one anymore.
I had one before my CHP and it is quite painless, and the staff much friendlier in my experience.
If there is a way you can avoid the Omaha registration, that is what I would do.
There are plenty of CHP instructors outside of Omaha city limits.
Greg58

[landon410]

the last purchase permit I got was 3? years ago, it doens't take that long, and if I remember right I walked out with it in hand within a couple minutes
Also much more convienent location for me as well compared to the OPD which is way the hell downtown

this is at 156th and Maple

*thanks SemperFiGuy

[SemperFiGuy]

As usual, there's more for which to have concern:

Omaha's municodes for firearms registration apply to more than just handguns.    The codes apply to what Omaha calls "concealable" firearms.   Please note:

========================================== 
Sec. 20-191. Definitions.
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them:
Concealable firearm: A firearm having an overall length of less than 26 inches.
 
20-251
It shall be unlawful for any person to own, have possession of, or maintain control over any concealable firearm which has not been registered to said person…………
========================

Certain short shotguns and rifles would be included in the registration requirements.

FWIW

sfg

[UPCrawfish]

From the OPD web site on registration......

http://opd.ci.omaha.ne.us/services/citizen-services/handgun-registration

I seem to recall, a long time ago, you had to have an appointment to come in with your firearm(s) and could only register 3 at a time. 

[Dan W]

One does not need a purchase permit to POSSESS a handgun, only to buy one

To possess a handgun in Nebraska without a CHP, you'll first need a State of Nebraska Firearm Purchase Certificate.

[AAllen]

The handgun purchase permit is not required to posses, or in Omaha, to register a handgun (or other covered firearm).  Does it help, yes and no; with it the person behind the desk knows you did a background check as recent as the card is, but if you are not coming from a gun shop with a receipt they will still ask about how you got the firearm.  Even if you have the card OPD will run a background check on you because the City of Omaha thinks it can have stricter requirements than the state or Feds.

Next how do you register; if you have only one firearm to register just take it, unloaded and cased, to the main police office Monday through Friday hours are between 8 and 5, outside of those times and I doubt they will have personnel there to do the registration.  They do not publicize this on their website but it seems to be the way they work.  They can do up to 3 firearms at a time this way, I will discuss this more later.  They will require a photo ID with your current address, so get you Nebraska drivers license first.

If you have more than 3 guns to register, you can leave them with OPD to process as they get time or make appointments to bring them in in batches of 3.

Now I mentioned that the city does not allow ownership of concealable firearms by some persons that can via state and federal law, and in fact pass all other background checks.  For that reason I recommend only bringing one firearm into the city for the first go around, I have worked with a person where OPD held their firearm, and in fact tried to get it destroyed, while they were appealing and fighting a denial because of a sealed court record in another state.  They had done nothing wrong and had been cleared of a bad charge, but there was an issue with police misusing their powers and when everything was settled the courts sealed all the records; because of this sealed record OPD did not want to register this persons firearm.

As mentioned elsewhere in Omaha any firearm under 26" is considered a concealable firearm and needs to be registered, so if you have a SBR etc. those need to be registered as well, even though they are already registered with the Feds.

OPD Q&A on registering firearms: http://opd.ci.omaha.ne.us/services/citizen-services/handgun-registration
OPD Desk to call to ask any further questions:(402) 444-5818

[RLMoeller]

I have a couple spots still available for my next CCW class in LaVista, August 17th.  Get your CHP and avoid all the registration b.s.   

[jdredskinsfan]

Thank you for all the help, guys. My biggest red flag was that I'd technically be in violation of Omaha law just driving into town with handguns after visiting TX. What kind of system is this, anyways?

I may very well do a CCW class just to avoid all this nonsense. But I don't like that I'm in violation of the law simply possessing a handgun in my safe...

[SemperFiGuy]

My biggest red flag was that I'd technically be in violation of Omaha law just driving into town with handguns after visiting TX.

Yes!!!!!

Exactly!!!!

You nailed it!!!!

And....That's precisely the part that people don't get about Omaha's registration code.  The instant the unregistered handgun hits the city limits, it's illegal.  No grace period.  Nada..........   

Blatantly unconstitutional.   But has not yet been satisfactorily challenged.

sfg

[AAllen]

Yes!!!!!

Exactly!!!!

You nailed it!!!!

And....That's precisely the part that people don't get about Omaha's registration code.  The instant the unregistered handgun hits the city limits, it's illegal.  No grace period.  Nada..........   

Blatantly unconstitutional.   But has not yet been satisfactorily challenged.

sfg

You are correct SFG it is a major problem that has not been correctly challenged.  The problem is that to challenge it you need someone to be being prosecuted, otherwise they claim that it is not enforced that way.  Truth of the matter is they normally get fairly lenient on the registration if you claim you are just taking it in and you can register it with no problems.  Unlike the horror stories, and real world ones do exist, they are not out to get everyone.

So unless someone wishes to make themselves a test case we are at the mercy of OPD.

[SemperFiGuy]

Andy:

Yes.   Gotta have a citizen who has been cited.   And much careful preparation so that the case can properly be nailed down as air-tite as possible.   Thoroughly knowledgable attorneys.   Money.  Time.  Persistence.  Diligent folks to set it up and see it thru.  All that.   

And you are spot on here:
.

Truth of the matter is they normally get fairly lenient on the registration if you claim you are just taking it in and you can register it with no problems.

Mostly, I'm guessin', they just want to get the handgun registered and into their records system.

sfg

[Kendahl]

U.S. Citizens not born in the United States will be required to produce a valid passport or citizenship papers.

The above comes from the Douglas County Sheriff's web site. It doesn't mention that the Nebraska statute (69-2409) that covers handgun certificates includes non-citizens who are legal, permanent immigrants. They must provide their alien registration numbers on the application. Although the statute doesn't say so explicitly, I expect they would have to present their green cards which do show that number. The web sites for Lancaster and Sarpy counties do include non-citizens.

Omaha used to restrict registration to US citizens. After a resident alien sued, they amended the ordinance to include resident aliens.

Similarly, Nebraska used to restrict concealed carry permits to US citizens. That was changed to include resident aliens after a suit, supported by NFOA, that the state chose not to fight. Posted in the state patrol office in Omaha is a list of the requirements for a concealed carry permit. When I saw it, a couple of months after the change, citizenship was still listed as a requirement with no mention of resident aliens. I hope that was just an oversight on the part of the office staff.

Note that, for both Omaha registration and the Nebraska concealed carry permit, non-citizens must be legal, permanent immigrants. Illegals immigrants remain prohibited.

[Seekrit]

Thread resurrected.

Hypothetical question regarding the gentleman bringing handguns lawfully acquired in from Texas--or any other out of state transplant bringing in handgun property. Question comes to mind, is there any registration check performed in a CCW class?  I.e., assuming a person is ignorant of the law, are they able to take a ccw class with their malum prohibitum illegal handgun or does the instructor/shop act as a law enforcement check in Omaha by making sure that all handguns are duly registered.

[AAllen]

Omaha used to restrict registration to US citizens. After a resident alien sued, they amended the ordinance to include resident aliens.

Similarly, Nebraska used to restrict concealed carry permits to US citizens. That was changed to include resident aliens after a suit, supported by NFOA

The NFOA brought the suit against the city of Omaha as well.

Celler, I don't know of anyone that does their range time at any facility inside Omaha, so Omaha's ordinance would not apply anyway, but I have never heard of an instructor checking for registration cards.

[Seekrit]

Thanks. From the CHP application i read the following regarding being a resident for 180 days. If a person held a valid CCW permit from another state but is no longer a resident of that state that has reciprocity with Nebraska, Tennessee for example, is that person eligible for a Nebraska CCW permit issuance prior to the 180th day of residency?  I love lawmakers...

o. Have you been a resident of the state of Nebraska for the past one hundred eighty (180) days?If your answer is yes, please skip the two questions below. If your answer is no, please answer the two questions below:1. Do you hold a valid concealed handgun permit from a state with which Nebraska has reciprocity? (To find a list of these states, visit: http://statepatrol.nebraska.gov/docs/CCWNebraskaRecitprocity.pdf)

[SemperFiGuy]

I have never heard of an instructor checking for registration cards.

I've neverdunnit.

And have (a) no authority to do so and (b) no means to do so.  [Unreasonable search?]

And likewise, have never heard of it being done by any CHP instructor.

sfg