< Back to the Main Site

Author Topic: Penalty for Omaha resident with non city registered handguns  (Read 1424 times)

Offline David Hineline

  • NFOA Full Member
  • **
  • Join Date: Dec 2007
  • Location: South Sioux City
  • Posts: 562
Penalty for Omaha resident with non city registered handguns
« on: October 19, 2009, 12:20:19 AM »
Need info on what happens if Omaha resident is found in vehicle or at home with a not Omaha registered handgun.

Machinegun owners blow thier load with one pull of the trigger

Offline FarmerRick

  • NFOA Co-Founder
  • *****
  • Join Date: Mar 2008
  • Location: Valley, NE
  • Posts: 3250
  • Antagonist of liberals, anti-hunters & hoplophobes
Re: Penalty for Omaha resident with non city registered handguns
« Reply #1 on: October 19, 2009, 06:18:37 AM »
I don't see anywhere that a specific penalty is stated.


Omaha Municipal Code:

http://www.municode.com/Resources/gateway.asp?pid=10945&sid=27

see chapter 20, article 7, division 2

DIVISION 2.  FIREARM REGISTRATION

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 such possession or control is with the knowledge and express consent of the person in whose name such concealable firearm is registered.
(b)   A corporation, including a body corporate created by Nebraska statute, may register a concealable firearm in its corporate name. However, the corporation may consent to a person possessing or controlling the corporation's registered concealable firearm only if that person:
(1)   Is a part-time or full-time employee of the corporation;
(2)   Is acting within the scope of his or her employment with the corporation; and,
(3)   Possesses a current identification card issued pursuant to section 20-208 upon satisfaction of the requirements of section 20-207.
(Code 1980, ? 20-251; Ord. No. 36045, ? 1, 9-24-02)

Sec. 20-252.  Confiscation of firearm upon conviction of violation.
As a part of the judgment of conviction of any person under this division, confiscation of a concealable firearm may be ordered by the court.
(Code 1980, ? 20-252)

Sec. 20-253.  Application.
(a)   Any person desiring to register a concealable firearm shall make an application to the chief of police stating therein that he or she holds the qualifications to register a concealable firearm in accordance with this section.
(b)   The chief of police will conduct an investigation to determine if the applicant is qualified to register the firearm. A concealable firearm may not be registered to any person who:
(1)   Is currently the subject of an active protection order.
(2)   Has provided false information on the registration request.
(3)   Has a conviction of an offense listed below which has not been pardoned or set aside under state or federal law:
a.   Any felony;
b.   Carrying a concealed weapon or being a minor in possession of a concealable firearm;
c.   Within the previous five years, assault, child abuse, or violation of any provision of Chapter 20, article VII of the Omaha Municipal Code.
(4)   Has been convicted of any charge of domestic violence, including stalking or harassment.
(5)   Has a record of mental disorder which would show the applicant to be a danger to self or to others.
(6)   Is a fugitive from justice in this state or any other jurisdiction.
(7)   Has been dishonorably discharged from the United States Armed Forces.
(8)   Is a user of, or addicted to, unlawful controlled substances.
(9)   Is not a citizen of the United States.
(10)   Is under the age of 21 years.
(c)   A registration fee of $10.00 shall accompany each application made to the chief of police for each concealable firearm. The fee will be applied to the administrative costs of processing the application.
(Code 1980, ? 20-253; Ord. No. 33202, ? 1, 3-8-94; Ord. No. 36045, ? 2, 9-24-02)

Sec. 20-254.  Issuance or denial of permit.
Upon the filing of an application for registration of a concealable firearm, the chief of police shall issue a permit or deny a permit and furnish the applicant the specific reasons for the denial in writing. A failure to furnish the applicant a written denial shall constitute issuance of a permit.
(Code 1980, ? 20-254)

Sec. 20-255.  Consideration of application by chief of police; custody of firearm pending decision on permit.
The chief of police shall be permitted seven days in which to consider an application for registration of a concealable firearm. The chief of police may take custody of the concealable firearm in the applicant's possession while the application is under consideration whenever he determines that it is in the best interests of public safety to do so.
(Code 1980, ? 20-255)

Sec. 20-256.  Disposition of firearm upon denial of permit.
Any person whose application for registration of a concealable firearm is denied shall have ten days in which to provide for proper registration or other lawful disposition of the concealable firearm. During this time the chief of police shall maintain custody of the concealable firearm. If the applicant fails to provide for the proper registration or other lawful disposition of the concealable firearm within this time, it shall be presumed that the concealable firearm is an unregistered concealable firearm and the chief of police may apply to the municipal court for an order of confiscation.
(Code 1980, ? 20-256)

Sec. 20-257.  Revocation.
A firearm registration may be revoked when:
(a)   The applicant or registrant fails to hold all of the qualifications set forth in section 20-253 of the Omaha Municipal Code; or
(b)   The information furnished on the application for a firearm registration was false or misleading or no longer continues to be true.
In the event revocation occurs under the provision of the Omaha Municipal Code, the chief of police shall furnish the registrant with the specific reasons for the revocation in writing.
(Ord. No. 36045, ? 3, 9-24-02)

Sec. 20-258.  Appeals.
Any person aggrieved by the denial or revocation of any registration issued under the provisions of this division may appeal therefrom to the administrative appeals board by complying with all of the provision of section 2-171 et seq. of this Code.
(Ord. No. 36045, ? 4, 9-24-02)
Secs. 20-259--20-272.  Reserved.
Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.

Offline Burnsy87

  • NFOA Full Member
  • **
  • Join Date: Mar 2009
  • Location: Omaha, NE
  • Posts: 176
Re: Penalty for Omaha resident with non city registered handguns
« Reply #2 on: October 19, 2009, 02:10:38 PM »
Delete and unquote please.
« Last Edit: October 19, 2009, 11:24:17 PM by Burnsy87 »

Offline FarmerRick

  • NFOA Co-Founder
  • *****
  • Join Date: Mar 2008
  • Location: Valley, NE
  • Posts: 3250
  • Antagonist of liberals, anti-hunters & hoplophobes
Re: Penalty for Omaha resident with non city registered handguns
« Reply #3 on: October 19, 2009, 02:53:01 PM »


If you are an Omaha resident, it does not matter where they are purchased, all concealable firearms must be registered, according to city code.

How many Omaha residents have their AR15 carbines registered(less than 18" barrel length)?  I'd bet the number would be about zero.
« Last Edit: October 20, 2009, 06:18:43 AM by FarmerRick »
Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.

Offline ranger04

  • Valued Volunteer
  • NFOA Full Member
  • **
  • Join Date: Feb 2008
  • Location: Columbus Nebraska
  • Posts: 143
Re: Penalty for Omaha resident with non city registered handguns
« Reply #4 on: October 19, 2009, 07:07:46 PM »
frricking communist city.....

Offline Dan W

  • NFOA Co-Founder
  • *****
  • Join Date: Oct 2007
  • Location: Lincoln NE
  • Posts: 8143
Re: Penalty for Omaha resident with non city registered handguns
« Reply #5 on: October 19, 2009, 09:05:07 PM »
Looks to me like the penalty is confiscation of the unregistered firearms

Sec. 20-252.  Confiscation of firearm upon conviction of violation.
As a part of the judgment of conviction of any person under this division, confiscation of a concealable firearm may be ordered by the court.
Dan W    NFOA Co Founder
Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom.   J. F. K.

Offline Burnsy87

  • NFOA Full Member
  • **
  • Join Date: Mar 2009
  • Location: Omaha, NE
  • Posts: 176
Re: Penalty for Omaha resident with non city registered handguns
« Reply #6 on: October 19, 2009, 11:07:09 PM »
Delete please.
« Last Edit: October 19, 2009, 11:24:03 PM by Burnsy87 »

Offline SBarry

  • Former BOD, NFOA Volunteer , NFOA Firearm Rights Champion Award Winner
  • NFOA Full Member
  • **
  • Join Date: Apr 2009
  • Location: Kearney
  • Posts: 1107
Re: Penalty for Omaha resident with non city registered handguns
« Reply #7 on: October 19, 2009, 11:23:25 PM »
Good job.
« Last Edit: October 19, 2009, 11:28:00 PM by LitlRat »
The sheep don't like this sheepdog until the wolves start working the flock.

Offline LM4202

  • Forum Member
  • *
  • Join Date: Aug 2009
  • Location: Bellevue, Nebraska
  • Posts: 86
Re: Penalty for Omaha resident with non city registered handguns
« Reply #8 on: October 20, 2009, 12:06:16 PM »
no msg

« Last Edit: July 11, 2011, 07:35:35 AM by LM4202 »