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Omaha Permit Process... still?

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FarmerRick:

--- Quote from: bullit on October 10, 2009, 06:44:06 PM ---wwhuskerman
LB 430 does NOT forbid Omaha from requiring registration of purchased handguns within its city limits.  Even if you are from Tim Buk Tu, Nebraksa and have a CHP, you will be required under Omaha City Ordinance to register said handgun IF it is purchased WITHIN the city limits.  The salesman at Scheel's had no idea what he was talking about in his explanation to you.
A non-resident of Omaha with a CHP can otherwise "transport" his/her HG to thier hearts delight, concealed or Open Carry.

--- End quote ---

Actually, open carry is not covered by LB430.  According to Marty Conboy, a NE CCW permit is sufficient to open carry in Omaha, but that concealable weapon would still need to be registered.  LB430 only pertains to the act of carrying concealed.

Chris Z:
Depending on the name of the Scheels salesman, he may very well know what he is talking about. I had a conversation with someone I know in the Omaha Scheels store to find out if the city has notified their store that CHP holders cannot be required to register their handguns... Because LB 430 says that cities now cannot regulate OWNERSHIP of concealed handguns.... Certainly this means requiring registration before a purchase is regulating OWNERSHIP????


Here is the statute:
18-1703 Ownership, possession, and transportation of concealed handguns; power of cities and villages; existing ordinance, permit, or regulation; null and void. Cities and villages shall not have the power to regulate the ownership, possession, or transportation of a concealed handgun, as such ownership, possession, or transportation is authorized under the Concealed Handgun Permit Act, except as expressly provided by state law. Any existing city or village ordinance, permit, or regulation regulating the ownership, possession, or transportation of a concealed handgun, as such ownership, possession, or transportation is authorized under the act, is declared to be null and void as against any permitholder possessing a valid permit under the act.
Source

   1. Laws 2009, LB430, ? 5.

Effective Date: August 30, 2009




This is an item that I am personally working on. I have had conversations with the city of Omaha Prosecutor and Senator Christensen's office trying to get this clarified. I am in the process of sending a letter to Omaha gun store owners, asking them to discuss this issue with their legal counsel, and asking them to help take the lead in getting this clarified and fixed! Especially since Omaha gun stores stand to benefit from this financially big time by not missing out on handgun sales.

Mike M.:
Especially since Omaha gun stores stand to benefit from this financially big time by not missing out on handgun sales.

Too bad the city doesnt see this also. I live in the city and still buy outside the city limits. The last hangun I registered cost me $10 for the permit. If I had bought in the city  and no permit it would have given them double that in tax dollars.

bullit:
How many of you realize/know that the same thing occurs in Lincoln?  When you purchase a HG from say Scheel's, Nebraksa Gun, Acher Arms, etc., there is form that you must fill out that goes to LPD.  Essentially same process as Omaha, without the drive downtown.

Dan W:
Yes that does happen in Lincoln. Not quite sure how LB430 will effect that situation. Lincoln also has a statute that requires private sellers and buyers to report to LPD...do you think that is being followed by very many?

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; February 20, 1990: prior Ord. 7936 ?1; December 26

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