Need info on Lincoln handgun laws

[mott555]

I'm finally getting things in order to get my Nebraska CHP and I'm finding it to be a logistical nightmare since I live in Omaha and my handguns, as I understand Omaha regulations, are unregisterable since I don't have original receipts or any other documentation of their history (not that I'd want to register them anyway). They are safely stored with family outside of Omaha until I get things sorted out.

I want to take the CHP class in Lincoln on November 2nd. I think I heard that Lincoln has handgun registration too? Does that mean I would be unable to bring my handguns into the city to qualify with them? And would I need a purchase certificate to borrow one at the range, like in Omaha?

[DR4NRA]

Lincoln's is not mandatory for possession. Bringing them for class is no problem.

[NE Bull]

A far as I know ( Lincolnite here),  Lincoln's backdoor registration only occurs at purchase.  Firearms (handgun) specs and owner info are sent to a database at the PD. 

[sparky]

Omaha does not require receipts to register them.  I registered a handgun a few years ago and took no paperwork with me other than my purchase permit and ID.
I just read the rest of your post so it makes more sense now. 

[DR4NRA]

A far as I know ( Lincolnite here),  Lincoln's backdoor registration only occurs at purchase.  Firearms (handgun) specs and owner info are sent to a database at the PD. 

Yep this is correct. They say it's for officer safety as they are notified of handgun ownership if they get called to your home. (BS) . And it is back door as they make the dealer do it without your knowledge after the sale. Believe it's a stipulation in their business license, could be wrong on that though.

[mott555]

So basically I can go get my handgun and bring it into Lincoln and not be in violation of everything? Great to hear.

I can't wait to at least be able to legally store my handguns at home. Omaha seems to have a "No Guns" sign every twelve feet so that's about all it'll get me, but I suppose it's better than nothing.

I miss Missouri's "Don't Ask, Don't Tell" handgun policy. Their CCW law has a list of places you can't carry, but then it immediately says there is no penalty if you're caught carrying there  . Basically you had to be really stupid multiple times before you could get in legal trouble for it.

[JTH]

As people have said, you will not be breaking any law if you take your guns from someplace outside of Omaha to Lincoln and use them for the class.

Even better, once you GET your CCW permit, you will then be able to move your handguns back into your home in Omaha without having to register them. 

[SemperFiGuy]

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

[JTH]

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...

{snip}

That's a really interesting point, when you think about it.  Say you live in Omaha, but have a cabin in Colorado.  In said cabin, you have a gun safe wherein you keep several firearms of various types, including handguns.

According to the strict letter of the Omaha Muni Code----you are supposed to bring those in and register them.  It doesn't actually mention anywhere that your ownership of said guns only qualifies if the guns themselves are in Omaha.  It specifically uses "or" instead of "and" in terms of the qualifications.

That's interesting---I hadn't noticed that before.  (It is also stupid, but then again, this entire section of the Omaha code is extremely stupid.)

Thanks for pointing that out, SFG----that IS something people need to think about.

[RLMoeller]

They having town hall meetings around Omaha.  I wonder if anyone will bring that topic up.

[DR4NRA]

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

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]

They having town hall meetings around Omaha.  I wonder if anyone will bring that topic up.

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]

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?

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. 

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

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]

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

[/b]

Kinda my thoughts on that situation, also.

sfg

[Dan W]

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.

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]

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

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 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.

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?

[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.