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Need info on Lincoln handgun laws

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DR4NRA:

--- Quote from: SemperFiGuy on October 08, 2014, 04:22:53 PM ---NFOA Forum Lawyers:

According to his statement above, Mott555 lives in Omaha. 
And he owns concealable handguns that are located outside of Omaha.

Now, according to the Omaha Municode, since he owns these handguns as an Omaha resident, is he required by law to register same handguns in Omaha?

What say you???

Omaha MuniCode
Sec. 20-251. - Required.
(a)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 with the chief of police in accordance with this division, except when
 
(i) such possession or control is with the knowledge and express consent of the person in whose name such concealable firearm is registered; or
 
(ii) the owner, possessor or transporter is in compliance with the laws of the State of Nebraska under the Concealed Handgun Permit Act or has a valid license or permit to carry a concealed handgun issued by any other state or the District of Columbia if

   (1) the holder of the license or permit is not a resident of Nebraska and
   (2) the Nebraska Attorney General has determined that the standards for issuance of such license or permit by such state or District of Columbia are equal to or greater than the standards imposed by the State of Nebraska.

sfg
--- End quote ---

How does the City of Omahaha know he owns any concealable firearm?

 OP goes to his folks house picks up his dad's handgun takes the test, passes, takes handgun back to the folks place. CHP is issued, takes said weapon to Omahaha.

 What law has he broke?


Dan W:
Omaha has no jurisdiction outside it's city limits notwithstanding the statutes language.

NE Bull:

--- Quote from: RLMoeller on October 08, 2014, 05:32:48 PM ---They having town hall meetings around Omaha.  I wonder if anyone will bring that topic up.

--- End quote ---
Are you still beating this horse?  I'm not certain anyone has time or gumption to actually voice a concern to the appropriate persons........ Someone else will.... right?

JTH:

--- Quote from: DR4NRA on October 08, 2014, 05:54:11 PM --- OP goes to his folks house picks up his dad's handgun takes the test, passes, takes handgun back to the folks place. CHP is issued, takes said weapon to Omahaha.

 What law has he broke?

--- End quote ---


None.  But that wasn't the situation first mentioned.  (It isn't his dad's handgun.  It is his.)  Nor was it the example I gave.  :)



--- Quote from: Dan W on October 08, 2014, 07:28:48 PM ---Omaha has no jurisdiction outside it's city limits notwithstanding the statutes language.
--- End quote ---

BUT----it defines a specific situation for a person currently IN Omaha.  Technically, he is within that jurisdiction.  Remember, the ordinance doesn't say anything about the gun, it simply says what the _person_ is required to do.

So, if you don't do it, you are in violation of that ordinance.

The person is within the jurisdiction, and has violated that ordinance, in the situation I outlined above.


....it is still stupid, though.  It requires "the city of Omaha" to know your property, whether held in Omaha or not, and it requires you (as the owner of said property) to pay Omaha so that you can have it, even though you don't have said property IN Omaha. 

Since you live there.

I'm pretty sure if any DA was dumb enough to take that to court, it would fail.    Nonetheless, it is an interesting point. 

SemperFiGuy:

--- Quote ---I'm pretty sure if any DA was dumb enough to take that to court, it would fail.    Nonetheless, it is an interesting point.

--- End quote ---
[/b]

Kinda my thoughts on that situation, also.

sfg

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