Author Topic: Omaha Permit Process... still? (Read 5800 times)

wwhuskerman · « **on:** October 09, 2009, 09:45:58 PM »

Not sure exactly where to put this, so I'll start here...

I'm in the Omaha Scheel's today... talked to one of the firearm salesman who had just explained to a couple of guys about the process of getting a Purchase Permit from the County, then buying the handgun, then going downtown... you know the drill. The guys kinda did an eye roll and left... (the City probably has no idea how much tax money they're losing when people think "screw it, I'm going to Lavista or Fremont.")

After they left, I asked him why, since LB430 had passed, did they still have to go downtown? Basically, he said Omaha is thumbing it's nose at the state, and they've been told by the City that if a gun leaves Scheels, it better be registered with the Omaha Police Department... that's the City's position and it's not changing until someone decides to take on the City in court.

Really? The City of Omaha is in a financial position to get into a pissing match with the NFOA/NRA/somebody...?

Also, if I understood him correctly, he said that if you have a CCW permit, you "should be" okay, since you have a license from the state to carry the weapon and that over-rides the city's ordinance now... but at the same time, Scheel's will sell you a handgun, but won't let you leave the store with it until you've got the permit from OPD. That got a little confusing...

I'm not blaming Scheels... don't get me wrong... but really? Do we need to let Senator Christensen and the others in the Unicam know that the City of Omaha is telling them to pound sand?

SBarry · « **Reply #1 on:** October 09, 2009, 09:56:06 PM »

LB 430 did not get rid of Omaha's registration process, just took away Omaha's ability to restrict CCW holders from carrying in Omaha without registration. And that day is coming, my friend.

I am damn glad to see some of you guys getting active. We need more activism in our organization.

bkoenig · « **Reply #2 on:** October 10, 2009, 12:14:05 AM »

I really wish the NRA would take on Omaha. I realize they have some big fish to fry, but they need to get involved in this one. Omaha is the Los Angeles of Nebraska.

wwhuskerman · « **Reply #3 on:** October 10, 2009, 09:30:18 AM »

Quote from: LitlRat on October 09, 2009, 09:56:06 PM

LB 430 did not get rid of Omaha's registration process, just took away Omaha's ability to restrict CCW holders from carrying in Omaha without registration. And that day is coming, my friend.

I am damn glad to see some of you guys getting active. We need more activism in our organization.

So, if I already have a handgun and a CCW, I can CC the gun in Omaha without one of their precious "registration permits" that has kept violent criminals from getting guns, correct?

But if I buy a firearm in Omaha, I have to register it before I can possess it? Or if I'm "transporting" it (gun locked in case in trunk, ammo in glovebox) and get pulled over, I'd better have a permit because I'm not CCW'ing?

This is where I got a little confused.

Note: I don't live in Omaha... but go to UNO and work in Omaha every day. Just trying to stay out of trouble with all the laws that have made Omaha the safest city in the state. <cough>

bullit · « **Reply #4 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.

FarmerRick · « **Reply #5 on:** October 11, 2009, 08:58:56 AM »

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.

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 · « **Reply #6 on:** October 11, 2009, 10:43:32 AM »

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. · « **Reply #7 on:** October 11, 2009, 10:56:13 AM »

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 · « **Reply #8 on:** October 11, 2009, 05:16:25 PM »

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 · « **Reply #9 on:** October 11, 2009, 05:20:30 PM »

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

Chris Z · « **Reply #10 on:** October 11, 2009, 05:40:22 PM »

Lincoln is much more quiet and behind the scenes about it, but good point. However registration in Lincoln doesn't stop you from purchasing a handgun... In Omaha they won't even give the gun to you until you register it, therefore preventing ownership if you refuse to register.

Of course if you went into Lincoln Scheels and said, I'll purchase this pistol as long as you don't register it because by law you do not have to.... They will probably say ok, then when you leave turn around and fill out the form anyways.

Mike M. · « **Reply #11 on:** October 11, 2009, 05:45:13 PM »

Does Lincoln charge a fee too?

Chris Z · « **Reply #12 on:** October 11, 2009, 05:49:56 PM »

No fee in Lincoln, it is just a behind the scenes way for the Police to gather information

FarmerRick · « **Reply #13 on:** October 11, 2009, 07:34:39 PM »

...as such ownership, possession, or transportation is authorized under the Concealed Handgun Permit Act, except as expressly provided by state law.

I'm not sure that purchases of concealable weapons is covered under the act. That is the sticking point with the Omaha codes.

Dan W · « **Reply #14 on:** October 11, 2009, 09:26:00 PM »

Wouldn't ownership cover the purchase that is necessary to become an owner?

FarmerRick · « **Reply #15 on:** October 11, 2009, 09:36:05 PM »

I would tend to agree with you Dan, but I'm not sure that Omaha's law dept. would agree.
What if the handgun was not going to be used for concealed carry? How would it be proven that the handgun would or would not be used in such a way?

It may be a good thing for our NE Attorney General to look at and make a ruling on in the future....how can we make that happen?

wwhuskerman · « **Reply #16 on:** October 12, 2009, 07:56:53 PM »

Quote from: Chris Z on October 11, 2009, 10:43:32 AM

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?

That's where I'm going with this... you can purchase and therefore own the handgun (assuming you have a firearms purchase permit)... but CAN NOT take it out of the store until you do the downtown dance with OPD. In fact, the saleman suggested just that to these two gentlemen.... he said if there was a gun they wanted they should purchase it so no one else does, then go do the paperwork, come back, and get the gun. I would argue that once you purchase something... you own it. Scheels will indeed sell you the gun without the paperwork... but they won't let you leave the building with the gun that you just paid for and own, without OPD paperwork.

But does that apply only to CCW because that's what 430 addresses? And Mr. Conboy says I can open carry as long as I have a concealed carry permit? I mean, really... it's getting ridiculous. Can anyone straighten this out?

Anyone?... Bruening...? Anyone?

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.

475okh · « **Reply #17 on:** October 13, 2009, 07:51:47 AM »

This law LB430 seems to be poorly written. One part takes away the cities power while another gives back the power.

FarmerRick · « **Reply #18 on:** October 13, 2009, 09:46:53 AM »

LB430 only took away cities ability to restrict or ban the act of concealed carry, as authorized by state statute. It does not address the purchase of a handgun.

Chris Z · « **Reply #19 on:** October 13, 2009, 04:52:03 PM »

Quote from: FarmerRick on October 13, 2009, 09:46:53 AM

LB430 only took away cities ability to restrict or ban the act of concealed carry, as authorized by state statute. It does not address the purchase of a handgun.

The law I posted above 18-703 (which was from LB 430) says the city cannot regulate ownership. If a CHP holder goes in to purchase a handgun, and the city is requiring the handgun be registered as a condition of ownership, wouldn't that be the city regulating ownership against what the state statute says?