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Author Topic: Firearm sale questions.  (Read 2421 times)

Offline OnTheFly

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Firearm sale questions.
« on: November 15, 2009, 09:03:22 PM »
I did a search here on the forum, but could not find an answer. 

I am from Lincoln and some friends and I went shooting this weekend in Omaha.  During the drive we had a discussion about selling/buying a firearms in Nebraska.  On a sided note...I CC'd in Omaha just because I can with the passage of LB430.  Ha!  Take that Omaha.  ;D

Correct me if I am wrong, but this is what I understand...

  • When buying a handgun from an individual who is in another state, they have to ship the handgun to a FFL in Nebraska.  During the transfer process, the FFL fills out the paperwork which registers the handgun in Lincoln.
  • Virtually the same thing happens when you buy a handgun from a FFL, but there is no transfer (that you have to be concerned with).

So my questions are...
  • How does the sale need to be handled if you are buying a handgun face to face from someone who resides in Nebraska?
  • How about if the person you are buying the handgun from does not reside in Nebraska?
  • What are the differences when selling/buying long arms?

If you have a link to the legislation, it would be appreciated.

Thanks for your help,
Fly
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Offline Dan W

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Re: Firearm sale questions.
« Reply #1 on: November 15, 2009, 10:21:42 PM »
In Nebraska you may only sell to a handgun to another resident that possesses a firearms purchase permit. You may be required to report the sale to the local PD depending on the location. No need for an FFL to get involved if both parties are residents.

If the person does not reside in Nebraska, then I don't think they can legally buy a handgun unless it is transferred via an FFL in their home state.

There may be exceptions to that rule if you are blood relatives or in situations of inheritance.

Long guns don't require a purchase permit for another Nebraska resident, and I am pretty sure you can cross state lines of contiguous states and buy a long gun directly from an FFL dealer without involving an FFL in your home state.

I don't have links to this stuff , maybe someone else can help more
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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 OnTheFly

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Re: Firearm sale questions.
« Reply #2 on: November 16, 2009, 07:23:40 AM »
Thanks Dan.  I was in a hurry when I posted the question.  My biggest question is about whether the sale HAS to be documented and/or the firearm registered.  I believe you are correct that the reporting of the sale and/or registering of the firearm is specific to the local ordinance.

This was the largest part of my difference with my friends.  We were talking about what guns we had that were registered locally (those that we bought or had delivered through a FFL) and those that were not (handed down in the family).  I thought that in most parts of Nebraska you could sell your handgun to an individual (who had a valid NE firearm purchase permit) without making any record of the sale.  Though, there could be benefits of knowing where a registered firearm went to, should it later be used in a crime.

Thanks,
Fly
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Offline AAllen

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Re: Firearm sale questions.
« Reply #3 on: November 16, 2009, 08:57:03 AM »
My understanding is in Omaha the purchaser needs to register the firearm with the local police (Omaha - requirement), Lincoln also has registration but it not required (though they strongly push it) there are also some other communities such as Bellevue where there is voluntary registration if you wish.

If someone knows for sure on Lincoln I would love to hear.
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Re: Firearm sale questions.
« Reply #4 on: November 16, 2009, 02:57:55 PM »
http://nebraskalegislature.gov/laws/statutes.php?statute=s2812011000 This is the only thing I was able to find so far...
A-FIXER

http://nebraskalegislature.gov/FloorDocs/Current/PDF/Intro/LB145.pdfHere is another... informative piece of ne law
« Last Edit: November 16, 2009, 03:10:31 PM by A-FIXER »
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Offline OnTheFly

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Re: Firearm sale questions.
« Reply #5 on: November 16, 2009, 06:54:20 PM »
Quote from: AAllen
Lincoln also has registration but it not required (though they strongly push it)

When I had my PX4 shipped to a Lincoln FFL, he did not give me the option of registering the handgun.  If I remember correctly, he said it was mandatory.  Though I can't find any legislation other than 9.36.030 Report of Sale of Firearms, but it sounds like this may apply to dealers (i.e., FFLs).

Fly
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Offline OnTheFly

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Re: Firearm sale questions.
« Reply #6 on: November 17, 2009, 10:19:43 PM »
This is frustrating.  Here we have a large group of 2A enthusiasts, and no one has a definitive answer about buying/selling a handgun.  This is not a comment on the NFOA members, but a reflection of how convoluted our laws are. 

I guess I will need to call the State Patrol and see if they can direct me towards the correct law.

Fly
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Offline Dan W

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Re: Firearm sale questions.
« Reply #7 on: November 17, 2009, 10:29:19 PM »
I think this is more of a problem with an incomplete scenario. You do not state the location of this transaction. If you are outside the city limits , there is no law that can force you to register the transaction if it did not occur inside the Lincoln city limits. I traded for a CD 1911 at the fairgrounds ...note that is state property... no registration was ever done, nor in my opinon required

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,
1962).
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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 OnTheFly

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Re: Firearm sale questions.
« Reply #8 on: November 17, 2009, 11:07:13 PM »
Quote
I think this is more of a problem with an incomplete scenario. You do not state the location of this transaction.

Sorry...thought that was understood when I said I am from Lincoln.   Yes, it was in Lincoln that I took delivery of my PX4.

So are you saying the Lincoln ordinance 9.36.030 specifies "Any person" (as highlighted by you) "shall...", but yet you are not required to register it?  Is "shall" synonymous with "should", so it is not "required" as in "must"?

Fly
« Last Edit: November 18, 2009, 08:42:04 AM by OnTheFly »
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Offline JimP

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Re: Firearm sale questions.
« Reply #9 on: November 18, 2009, 12:13:38 AM »
Quote from: OnTheFly on November 17, 2009, 11:07:13 PM
Quote
I think this is more of a problem with an incomplete scenario. You do not state the location of this transaction.

Sorry...thought that was understood when I said I am from Lincoln.   Yes, it was in Lincoln that I took delivery of my PX4.

So are you saying the the Lincoln ordinance 9.36.030 specifies "Any person" (as highlighted by you) "shall...", but yet you are not required to register it?  Is "shall" synonymous with "should", so it is not "required" as in "must"?

Fly

I would hope to shout that "Shall" means "must" and not "Should"...... we are in a "Shall Issue" state.
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The Right to Keep and BEAR Arms is enshrined explicitly in both our State and Federal Constitutions, yet most of us are afraid to actually excercise that Right, for very good reason: there is a good chance of being arrested........ and  THAT is a damned shame.  III.

Offline AAllen

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Re: Firearm sale questions.
« Reply #10 on: November 18, 2009, 08:27:19 AM »
Yes, "shall" does mean "must" but you need to complete the discription of who it is, not just "any person" but "any person dealing in firearms" I do not believe it applies to a private seller getting rid of a firearm they do not need just FFL's.  For further verification you would need to check with the city attorney or police, the State Patrol would not be able to be much help with a city ordinance like this.
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Offline JimP

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Re: Firearm sale questions.
« Reply #11 on: November 18, 2009, 08:40:46 AM »
IMHO, the Powers That Be in Lincoln seem to be operating on the false premise that if they just pass ONE MORE law, then that will solve whatever problem they are having at the moment...... they just can't seem to wrap their heads around the fact that criminals, by definition, don't care what the law says, and the only people affected by this stuff are those not inclined to do bad things in the first place........

........ Lincoln is that place in Nebraska where folk still believe in that "Better Living Through Government" tripe.........
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The Right to Keep and BEAR Arms is enshrined explicitly in both our State and Federal Constitutions, yet most of us are afraid to actually excercise that Right, for very good reason: there is a good chance of being arrested........ and  THAT is a damned shame.  III.

Offline OnTheFly

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Re: Firearm sale questions.
« Reply #12 on: November 18, 2009, 08:41:22 AM »
That is the way I read 9.36.030.  It seems to refer to a dealer/FFL.

Fly
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Offline Dan W

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Re: Firearm sale questions.
« Reply #13 on: November 18, 2009, 07:38:49 PM »
Quote from: OnTheFly on November 17, 2009, 11:07:13 PM
Quote
I think this is more of a problem with an incomplete scenario. You do not state the location of this transaction.

Sorry...thought that was understood when I said I am from Lincoln.   Yes, it was in Lincoln that I took delivery of my PX4.

So are you saying the Lincoln ordinance 9.36.030 specifies "Any person" (as highlighted by you) "shall...", but yet you are not required to register it?  Is "shall" synonymous with "should", so it is not "required" as in "must"?

Fly

Just because one is from Lincoln,I would not assume that they only transact business in Lincoln.

And a savvy seller that wants to  make sure that the sale doesn't require a registration responds by transferring the handgun outside of Lincoln's jurisdiction.
 
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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 OnTheFly

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Re: Firearm sale questions.
« Reply #14 on: November 19, 2009, 08:27:44 PM »
What can I say?  I'm young (in the world of firearms) and did not understand the rules of the game.  The next time I make a handgun purchase I will be a bit more savvy.  That is another reason for asking this question.  

The initial reason was to find out if a handgun sale between individuals (non-FFLs) would have to be recorded in any way.  That is to say, if the gubment came to the door and said "we want all your guns", could they have been sold without a record?

Fly
« Last Edit: November 20, 2009, 09:36:45 PM by OnTheFly »
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Offline JimP

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Re: Firearm sale questions.
« Reply #15 on: November 20, 2009, 06:17:19 PM »
Quote
What can I say?  I'm young (in the world of firearms) and did not understand the rules of the game. 

One of the very reasons this site was originally begun.

Would it not be a great thing if the gun laws were plain and simple, so that everyone that could grok "shall not be infringed" could understand them?
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The Right to Keep and BEAR Arms is enshrined explicitly in both our State and Federal Constitutions, yet most of us are afraid to actually excercise that Right, for very good reason: there is a good chance of being arrested........ and  THAT is a damned shame.  III.
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