General Categories > General Firearm Discussion
Need info on Lincoln handgun laws
Dan W:
--- Quote from: jthhapkido on October 08, 2014, 08:29:00 PM ---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.
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By that logic every person in the universe that owns a concealable firearm and has not registered it has committed a crime that can never be adjudicated because the evidence is outside the jurisdiction and there is no language limiting the ordinance to persons inside Omaha
Kendahl:
The purpose of Omaha's registration ordinance is to keep track of handguns within city limits and to prohibit indirectly their possession by certain classes of people. Over Omaha's objection, the state exempted holders of concealed carry permits. The ordinance might be stretched to include handguns transported through Omaha although the city attorney has stated that travelers won't be bothered. (There is a federal law that is supposed to protect travelers but several anti-gun eastern cities have been successfully ignoring it.) Any competent lawyer would tell you that where you live is irrelevant and that you won't be prosecuted for failing to register a handgun that remains outside city limits. There is more to law than reading the explicit words of a statute. Case law, which shows how the law is interpreted, matters just as much.
Here is another example of a law whose words can be twisted go beyond the legislators' intent and real world application. All automobiles are required to be registered and insured. I used to have a good car that I only drove from late spring to early fall and a beater that I drove through the winter. Whichever one I wasn't using went into storage and I suspended its insurance until I was ready to drive it again. As a result of a letter I wrote to my state senator about insurance, I was told that suspending insurance was illegal. All vehicles must be registered and insured at all times. There is no exception for ones not being driven. One could stretch this to cover antiques and classics undergoing long term restoration during which they are not drivable. How about car dealers? Are they required to separately license and insure all the automobiles on their lots? Ditto for wrecks in a junk yard. I contacted the Douglas County attorney's office for clarification. The lawyer who took my call advised me that I wouldn't have a problem provided I reinstated a car's insurance before driving it.
JTH:
--- Quote from: Dan W on October 08, 2014, 09:24:17 PM ---By that logic every person in the universe that owns a concealable firearm and has not registered it has committed a crime that can never be adjudicated because the evidence is outside the jurisdiction and there is no language limiting the ordinance to persons inside Omaha
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But since it is a city ordinance, it only has power over people within that jurisdiction. So people outside that jurisdiction are not breaking that ordinance. (They can't.) Once they step inside, however....
Matter of fact, if you think about it, that IS how the Omaha folks think it should be---remember, the OPD was of the opinion that even if you didn't live in Omaha, if you ever brought a gun into/through Omaha you had to register it. Even if you lived in Grand Island, and were merely passing through once. (And even if the city attorney now says they wouldn't bother people, in the past that was NOT the opinion of the OPD.)
Again, I'm not saying it isn't stupid (it IS stupid), I'm saying that an Omaha ordinance has jurisdiction in Omaha, and people who are within that jurisdiction are subject to it---and this one is written so badly that it is even more stupid than most gun control laws.
Of course what would happen in court (or prior to court, when the city attorney makes decisions) wouldn't match this. That point was made quite awhile ago. The point is that 1) the ordinance itself is written remarkably badly, and 2) the LEO that stops you for some reason and confiscates your gun because it isn't registered doesn't care that it won't go to court and that the city attorney will drop it. You still will need to try to get your gun back from OPD.
FarmerRick:
--- Quote ---Quote from: RLMoeller on Yesterday at 05:32:48 PM
They having town hall meetings around Omaha. I wonder if anyone will bring that topic up.
--- Quote ---NEBull-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?
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DR4NRA:
This language makes your argument moot. Notice the key words inside the city limits.
http://opd.ci.omaha.ne.us/services/citizen-services/handgun-registration#1
Who is required to register concealable firearms with the City of Omaha/Omaha Police Department?
Omaha Municipal Code 20-251 requires that all concealable firearmhttp://opd.ci.omaha.ne.us/services/citizen-services/handgun-registration#1 inside the city limits of Omaha be registered. Regardless of where a person resides, concealable firearms inside the city of Omaha are required to be registered with the Omaha Police Department.
Persons whom are valid Nebraska CCW permit holders (or any other State which Nebraska has reciprocity with) are not required to register concealable firearms and can be in possession of concealable firearms which are not registered.
If the concealable firearm will physically be in the City of Omaha, however, you must still register the concealable firearm with the OPD at Central Headquarters located at 505 South 15th Street. Again, you will need a valid photo identification and must present the firearm to the officer at the front desk at the time of your appointment.
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