Questions on Lincoln ordinance

[ckloeter]

Going through a divorce a few years ago I had legal things happen to me I couldn't keep under control with my ex. To keep it short, I went to renew my handgun permit and was denied. They said I fell under Lincolns new ordinance. Supposedly I cant have guns do to a 5 sec. phone call I made to me ex. I talked to the State Patrol Attorney and she asked to see the police report. After examining it she was amazed and said she couldn't believe they even prosecuted it. She told me to take my classes and she'd let it go through. They gave me my CCP but that leaves me with more questions. I assume LPD cant do anything about me having a handgun because of LB430 but can they still get me on shotguns and riffles? If so, if I buy a handgun the store has to notify the LPD. Will this give them a heads up on guns I've bought in the past that are not handguns?

[AAllen]

Correct the CCP only covers concealable firearms so a long gun would not be covered.  Next we had an agreement with LPD (negotiated by then Senator Tony Fulton) that sales do not need to be reported for the registration for those with a CCP.  I heard that they are requiring it again the other day, this is something we need to get to the bottom of quickly.

[SemperFiGuy]

If so, if I buy a handgun the store has to notify the LPD.

Most likely, only if you buy the handgun in Lincoln.

sfg

[AAllen]

Since I have heard about this issue from several different places in the last week I sent a note to a couple of our board members and DanW had a copy of the letter saying that sales do not need reporting for those with a CCW and Dick Clark made a few phone calls and was able to verify the letter is still in effect (the city has not change their opinion of the preemption law) and spoke with the individual dealer that we knew was reporting the sales.  He was able to share the letter with them and since it is a lot of extra work for the dealer they most likely will be looking for customers with CCW permits so they save time and work in the future.

[Dan W]

Here is the infamous letter

https://drive.google.com/file/d/1IZgNXRKbefgPi_4GPYUjg1pXFpj50i13fWkvmj3bo39Jvcf1H1b3JFmIJSry/view?usp=sharing

[GreggL]

I have only recently heard of this ordinance. Can some one post a link to it? Does it only affect FFL's in the city of Lincoln?

Thanks, Gregg

[NE Bull]

Which Lincoln ordinance are you referring to, GreggL?
There is an ordinance that goes above and beyond state and federal law on who can own/purchase a gun in the city of Lincoln, based on prior non felony convictions.
There is also the "backdoor" registration on handguns.
Both should be within these pages:
http://lincoln.ne.gov/city/attorn/lmc/ti09/ch936.pdf

[GreggL]

NE Bull, thank you for the link. I was referring to this one:
9.36.030 Report of Sale of Firearms.
Any person, firm, association, or corporation dealing in firearms of any type shall, on the
same day of the sale of any firearm, except a shotgun or a rifle of a type commonly used for hunting,
report the sale to the Police Department on forms as prescribed and furnished by the Police
Department. The report shall contain all the information requested thereon. (Ord. 15625 §3; July
9, 1990: P.C. §9.28.025: Ord. 15443 §1; February20, 1990: prior Ord. 7936 §1; December 26, 196

I will need to contact the local store I recently purchased a shotgun set up for 3 gun competition
and see if they report that as a sale that falls under this ordinance.
Does the city expect individuals that do a private sale to comply with this?

[DR4NRA]

NE Bull, thank you for the link. I was referring to this one:
9.36.030 Report of Sale of Firearms.
Any person, firm, association, or corporation dealing in firearms of any type shall, on the
same day of the sale of any firearm, except a shotgun or a rifle of a type commonly used for hunting,
report the sale to the Police Department on forms as prescribed and furnished by the Police
Department. The report shall contain all the information requested thereon. (Ord. 15625 §3; July
9, 1990: P.C. §9.28.025: Ord. 15443 §1; February20, 1990: prior Ord. 7936 §1; December 26, 196

I will need to contact the local store I recently purchased a shotgun set up for 3 gun competition
and see if they report that as a sale that falls under this ordinance.
Does the city expect individuals that do a private sale to comply with this?

Yes you have to report private sales of handguns if it takes place in the city limits.
 Be aware if you get caught with a rifle or shotgun inside the city limits, you will be charged with possession of a firearm by a prohibited person, which is a felony. Your CHP isn't going to save you. And they may charge you for the handgun with CHP just to run you through the ringer. It's happened before.

[CitizenClark]

Yes you have to report private sales of handguns if it takes place in the city limits.
 Be aware if you get caught with a rifle or shotgun inside the city limits, you will be charged with possession of a firearm by a prohibited person, which is a felony. Your CHP isn't going to save you. And they may charge you for the handgun with CHP just to run you through the ringer. It's happened before.

I must have missed something. Why would he be charged as a prohibited person?

[DR4NRA]

I must have missed something. Why would he be charged as a prohibited person?

9.36.100 Unlawful Possession of Firearms.
(a) It shall be unlawful for any person to possess any firearm within the corporate limits or
on any property of the City of Lincoln outside the corporate limits when that person has been
convicted of any one of the following offenses within the last ten years.

This and denial of purchase permit means Illegal/ prohibited I do believe.


From OP

To keep it short, I went to renew my handgun permit and was denied. They said I fell under Lincolns new ordinance. Supposedly I cant have guns do to a 5 sec. phone call I made to me ex.



Headline Front Page.

"NSP lawyer overturns judges conviction and issues CHP to person convicted of violating Protection order/No Contact Order in domestic dispute."

[NE Bull]

I think DR4NRA mistook GreggL as the OP (ckloeter)

GreggL, I know it reads - except those used for hunting, but I believe most places are reporting handguns.  I suppose what the city was also trying to get at was those dreaded Evil Black Rifles (ARs).
Hmmm. That has me wondering about the last AR I bought. I will have to check with my store also. 
Let us know what your FFL says.  We need to get to the bottom of this.

[GreggL]

Ok, I called the local gun shop that I purchased my 3 gun shotgun from. The owner took the time to discuss this with me. This ordinance only applies to sales within the city of Lincoln. He told me they interpret it to mean handguns only. Any rifle (including AR's etc.) they perceive  as being able to be used for hunting and thus, not reported. He also confirmed for me that they also report handguns that they do transfers on.
He shared with me that he believes the ordinance is unconstitutional but would need to be challenged in court.
I appreciate those of you that have responded in helping me to understand this.

G

[NE Bull]

GreggL  PM sent.