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Do I need to renew firearm purchase certificate?

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Dan W:

--- Quote from: tstuart34 on February 10, 2016, 08:47:53 PM ---I was told that with your ccw the sale will not be reported to LPD purchase permit will. I have never had this confirmed maybe someone can confirm or blow it out of the water.
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That would be the letter of the law...no backdoor registration allowed for CHP holders

Gumby:
A consideration when making a purchase:  A CCW bearer who has no Nebraska Handgun Purchase Permit will be subject to a NICS check at time of purchase; not so when a NE Purchase Permit is provided to a FFL dealer.  See  https://statepatrol.nebraska.gov/vnews/display.v/SEC/Services%7CConcealed%20Carry%20Permits%3E%3EConceal%20Carry%20FAQ

From the link (this is poorly written; but read it a time or two and what the State Patrol is trying to convey will become apparent):

Question:  If I already have a permit to purchase handguns, isn't that adequate?

A handgun purchase permit is required by Nebraska Revised Statutes §69-2403 for purchases of handguns in Nebraska. In 2010 the Legislature passed a law which exempts concealed handgun permit holders and law enforcement officers from this requirement.  A point-of- purchase check of the National Instant Criminal Background Check System (NICS) must be completed by the seller despite the exemption from the permit requirement because the purchase permit has been accepted by Federal Alcohol Tobacco and Firearms (ATF) authorities in lieu of the point-of -purchase check. ATF may eventually recognize the concealed handgun permit in lieu of the point-of-purchase check because both permits require a NICS check.

Even though some of the requirements are similar, each permit is independent and all of the requirements for each type of permit must be satisfied independently. Fingerprints, photographs, or a record check completed for one permit may not be used to satisfy the requirements for the other permit.

Permits to purchase handguns are obtained from the Chief of Police or Sheriff. The permit to carry a concealed handgun is obtained from the Nebraska State Patrol.

With the Nebraska Purchase Permit one goes through a NICS check once every three years, and only for issue of Permits not associated with any specific gun purchase or FFL dealer.  Without the Purchase Permit and using only a CCW permit, each and every purchase is subject to NICS review and is associated with the specific firearm being purchased at an identified FFL.  Purchasing 2 guns per year over a 30-year span results in either ten NICS reviews with no FFL associations (using a valid NE Purchase Permit) or 60 FFL purchases examined over and over by the NICS system... so which information stream to the feds would you choose?  (I know, I know... upon approval the NICS data collected is "expunged" by law daily for approved purchases... but Hillary has taught us all that rule of law no longer exists). 

Dan W:

--- Quote from: Gumby on August 30, 2016, 09:20:56 PM ---ATF may eventually recognize the concealed handgun permit in lieu of the point-of-purchase check because both permits require a NICS check.
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ATF does recognize the  Nebraska CHP and has for quite some time

--- Quote ---U.S. Department of Justice

Bureau of Alcohol, Tobacco,
Firearms and Explosives


Washington, DC 20226

April 14, 2011


Open Letter to All Nebraska Federal Firearms Licensees

The purpose of this open letter is to advise you of an important change to the procedure you may follow to comply with the Brady Handgun Violence Prevention Act, 18 U.S.C. § 922(t), when transferring a firearm to an unlicensed person.

The permanent provisions of the Brady law took effect on November 30, 1998. The Brady law generally requires Federal firearms licensees (FFLs) to initiate a National Instant Criminal Background Check System (NICS) background check before transferring a firearm to an unlicensed person. However, the Brady law contains exceptions to the NICS check requirement, including an exception for holders of certain State permits to possess, carry, or acquire firearms. The law and implementing regulations provide that permits issued within the past 5 years may qualify as alternatives to the NICS check if certain other requirements are satisfied. Most importantly, the authority issuing the permit must conduct a NICS background check and must deny a permit to anyone prohibited from possessing firearms under Federal, State, or local law.

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has reviewed Nebraska’s Concealed Handgun Permit Act, as amended in 2010 by Legislative Bill 817, and has determined that Nebraska’s Concealed Handgun Permit does qualify as an alternative to the background check required by the Brady law.

If you transfer a firearm to an unlicensed person pursuant to the permit alternative, you must comply with the following requirements:
1. Have the transferee complete and sign ATF Form 4473, Firearms Transaction Record. 2. Verify the identity of the transferee through a Government-issued photo identification (for example, a driver’s license). 3. Verify that the permit was issued within the past 5 years by the State in which the transfer is to occur, and that the permit has not expired under State law.4. Either retain a copy of the transferee’s permit and attach it to the Form 4473, or record on the Form 4473 any identifying number from the permit, the date of issuance, and the expiration date of the permit.
If you have any questions about Nebraska’s Concealed Handgun Permit qualifying as an alternative to the NICS check, please call ATF’s Firearms Industry Programs Branch at (202) 648-7190.

Arthur Herbert
Assistant Director
Enforcement Programs and Services
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