Need info on Lincoln handgun laws

[SemperFiGuy]

Interesting Omaha Handgun Confiscation Case Coupla Years Ago

This Good Ol' Boy drives into Omaha from somewhere in central Nebraska to visit his brother.

For whatever reason, Omaha LEO pulls him over.   Probably driving too slowly in town, like back home.  Issue of handgun comes up, OWH was not clear how.

Officer sez, "May I run the serial number on the handgun?"

Law-abiding GOB, thinking nothing could be wrong with his legal .357S&W Model 19 handgun (legal at home, that is), sez, "Sure".

LEO runs the serial number.  Handgun is not registered in Omaha.  Gun is confiscated.   GOB gets a court summons (ticket) and is now subject to a $500 fine and up to six (6) months in the city slammer.

If he had said, "I'm on my way to the casino in Council Bluffs", he may have gotten out of the situation (interstate travel, covered by USC 18 926a).  But he was traveling in-state and the handgun was not legal at his destination.

OWH never did a follow-up article, so it's not clear what penalties were applied.  Seems like losing the handgun would be penalty enough.  Actually, too much.

There is no grace period in Omaha's MuniCode 20-251.  The instant the unregistered handgun crosses the city line, it is.............illegal.

How About Them Apples..............

Now....This thread is actually about handguns in Lincoln.  Lincoln has its own goofy laws.   In Lincoln, can't leave your handgun in your automobile for more than 24 hours.   Bet there's more.


sfg

[SemperFiGuy]

And Yes, a handgun owner does NOT need to show paperwork to register a handgun with the OPD.

I've taken numerous handguns without paperwork or transfer documentation for registration to the OPD Central Office, 15th & Howard Streets.

Generally works best if you get one of the female clerks.   One gruff old male clerk started questioning me once about where I obtained the firearm, how much it cost, how long I had it, why I had it, etc.

I gently explained to him that such information was not legally required for the handgun registration process, at which point he sorta muttered and grumbled, but then went on with the registration.

How all of this squares with the Nebraska and US constitution, both of which clearly state the citizen's RKBA......I'm not exactly sure.

If........we were going for an abortion (the right to which is only a constitutional penumbra), then we would not have to endure such questioning.

Just sayin.........

Mott555 can go ahead and register his handguns in Omaha at his convenience, if he wishes to do so.

sfg

[mott555]

I don't wish to register my handguns at all, one of the reasons I want to get the CHP.

It's been a while since I reviewed, but when I first moved into Nebraska OPD's website seemed to indicate that to register, I needed an original purchase receipt if I bought it new, or the full contact information for the previous owner if I bought it used. None of that is OPD's business IMO, and I really don't want to drive a few hours into another state, go to the gun shop, and hope he can print me off a new receipt from purchases several years ago without laughing to death at the reason why I need it.

[DR4NRA]

Mott555
 My first post still stands, you may get your handgun and take the class in Lincoln for CHP, and break no laws as long as it doesn't go into the city limits of Omaha until you recieve your CHP, or the weapon is registered.

SFG, you flip-flop around like a fish out of water. You were wrong on your first argument and now want to go again. OK. Lincoln's ordinance on weapons storage in a vehicle.

9.36.110 Firearms in Unattended Motor Vehicle; Unlawful.
It shall be unlawful for any person to keep a firearm in an unattended motor vehicle for a period in excess of twenty-four hours.
The provisions of this section shall not apply to members of the Armed Forces of the United States, active or reserve, the National Guard of this state, or Reserve Officers Training Corps, when on duty or training, or peace officers or other duly authorized law enforcement officers, nor shall it apply to vehicles containing firearms that are parked in locked enclosures or buildings, such as garages or other storage facilities. (Ord. 18158 §2; April 7, 2003).

And it's not just handguns, it's any firearm.  And in my opinion any person who leaves a firearm in their car unattended, in a driveway or on the street over night let alone 24 hours is just asking for it to be stolen, and is a full fledged idiot.

[JTH]

Mott555
 My first post still stands, you may get your handgun and take the class in Lincoln for CHP, and break no laws as long as it doesn't go into the city limits of Omaha until you recieve your CHP, or the weapon is registered.

That is based on the difference between the written municipal code, and OPD's interpretation of that code, yes?  (Just like the State Patrol has in the past created administrative regulations that don't follow the specifics of state law.)

I'm not arguing that what you are saying isn't how the ordinance is enforced.  However, at the same time it is true that is not what the ordinance says.

SFG, you flip-flop around like a fish out of water. You were wrong on your first argument and now want to go again.

That's a strong statement to make considering he quoted the ordinance correctly, and gave its meaning correctly.  Where did he flip-flop there?

Again, OPD choses how it is going to enforce various laws quite often.  (For example, IS open carry by CCW permit holders allowed if they don't have an Omaha Open Carry permit?)  The fact that they choose to enforce said ordinance in one way is separate from what the ordinance itself says, in this case.

OK. Lincoln's ordinance on weapons storage in a vehicle.

9.36.110 Firearms in Unattended Motor Vehicle; Unlawful.
It shall be unlawful for any person to keep a firearm in an unattended motor vehicle for a period in excess of twenty-four hours.
The provisions of this section shall not apply to members of the Armed Forces of the United States, active or reserve, the National Guard of this state, or Reserve Officers Training Corps, when on duty or training, or peace officers or other duly authorized law enforcement officers, nor shall it apply to vehicles containing firearms that are parked in locked enclosures or buildings, such as garages or other storage facilities. (Ord. 18158 §2; April 7, 2003).

And it's not just handguns, it's any firearm.  And in my opinion any person who leaves a firearm in their car unattended, in a driveway or on the street over night let alone 24 hours is just asking for it to be stolen, and is a full fledged idiot.

So, what exactly was he wrong about? 

He said:  "In Lincoln, can't leave your handgun in your automobile for more than 24 hours."

As a one-sentence basic comment, what is incorrect about it?  It is certainly true that it can be amplified and made more precise---but even *I* wouldn't have said he was wrong.

And everyone knows I am nitpicky about details. 

[gsd]