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Legal Opinion Says Omaha Breaking Gun Law
Brian:
--- Quote from: FarmerRick on March 31, 2010, 12:28:34 PM ---
--- Quote from: OnTheFly on March 31, 2010, 09:01:33 AM ---When I made my one and only firearm purchase here in Lincoln I'm pretty sure the FFL recorded the serial number. So doesn't Omaha do the same?
--- End quote ---
The city has nothing to do with the FFL recording the serial number on the 4473 form. That is done on all transfers through a FFL, no matter where it happens... gun show, gun store, kitchen table, etc. That dealer keeps the 4473 form for his records, they don't go the the city, county, state, or federal govt., unless the FFL gets investigated by one of those entities.
--- End quote ---
In Lincoln when a handgun is purchased you have to fill out an additional form with all the info (serial #, etc.) that goes to LPD. I don't remember but I think you don't have to fill out the LPD form for long guns but could be wrong.
Dan W:
Lincoln FFL's are required by the City to notify the LPD of all sales of handguns in the city. They use a post card system if I recall.
Private sellers in Lincoln are required by ordinance to report all sales of handguns too.
There is no requirement to hold up the transaction like Omaha was doing, nor was there any registration card for owners to produce on demand, just the FFL report in Lincoln.
Chris Z:
I researched this issue this morning...... In my opinion (which take it for what its worth), I don't think there is anything to challenge with Lincoln. It is a transparent "registration" that is no regulating ownership, possession or transportation like Omaha's ordinance is.
I asked the Chief, and they do keep a database of all these "records of transactions", so really in Lincoln if you are purchasing a gun from a dealer, the police are keeping track of what you have. If you buy a gun say in LaVista and bring it to Lincoln where you live, there is no requirement to register it.
Bottom line if you don't like LPD keeping track of what you have, don't buy in Lincoln
FarmerRick:
--- Quote from: Chris Z on March 31, 2010, 09:49:40 PM ---I researched this issue this morning...... In my opinion (which take it for what its worth), I don't think there is anything to challenge with Lincoln. It is a transparent "registration" that is no regulating ownership, possession or transportation like Omaha's ordinance is.
I asked the Chief, and they do keep a database of all these "records of transactions", so really in Lincoln if you are purchasing a gun from a dealer, the police are keeping track of what you have. If you buy a gun say in LaVista and bring it to Lincoln where you live, there is no requirement to register it.
Bottom line if you don't like LPD keeping track of what you have, don't buy in Lincoln
--- End quote ---
Sounds like something to work on in the not-too-distant future.
I had no idea Lincoln had anything like that, I stand corrected. :-\
OnTheFly:
Thanks Brian and Dan W. I thought I wasn't crazy?on this point anyhow. ;-)
The problem is that Omaha would not find Lincoln's procedure acceptable because it would not be illegal to have an unregistered handgun in the city.
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