Legal Opinion Says Omaha Breaking Gun Law

[quixnet]

Associated Press

Omaha, Neb.

http://www.1011now.com/news/headlines/89283982.html

The Nebraska attorney general's office says the city of Omaha is violating state law by forcing people who have permits to carry concealed guns to also register their guns with the city.

The formal -- but not legally binding -- opinion issued Friday says Omaha's rule imposes a gun-possession regulation not allowed under a measure passed last year by lawmakers.

That law says cities can't have local rules barring people with conceal-carry permits from carrying concealed guns inside city limits. Background checks and training are required to get conceal-carry permits.

Sen. Mark Christensen of Imperial introduced the clarification bill last year and asked Attorney General Jon Bruning's office about Omaha's rule. He called the opinion a victory for gun-rights supporters.

http://www.ago.state.ne.us/agopinions/pdf/Opinion_10008_03-26-10.pdf

[quixnet]

omaha.com/article/20100326/NEWS97/703279993#opinion-omaha-violating-gun-law

Published Saturday March 27, 2010

Opinion: Omaha violating gun law
By Paul Hammel
WORLD-HERALD BUREAU

LINCOLN ? Gun-rights advocates now have some legal ammunition trying to persuade the City of Omaha to change its handgun registration requirements.


-snip-

[DanClrk51]

Folks, its time to write your state senator again urging them to support an amendment to LB 817 that would incorporate the language of LB 1033.

[quixnet]

http://www.1011now.com/news/headlines/89415787.html
Nebraska Lawmakers Move to Stop Omaha Gun Rule
Lincoln, Neb.
Associated Press

Nebraska Lawmakers Move to Stop Omaha Gun Rule


Nebraska lawmakers want to force the city of Omaha to stop requiring those with concealed-carry gun permits to register their firearms with the city.

On Monday, they passed an amendment that would stop the practice in Omaha.

The approval of the amendment follows an opinion from Attorney General Jon Bruning's office on Friday that Omaha has been violating state law by forcing people who have permits to carry concealed guns to also register their guns.

The formal opinion said Omaha's rule isn't allowed under a law that bars cities from preventing concealed-carry permit holders from carrying concealed guns inside city limits.

Background checks, training and fingerprinting are required to get concealed-carry permits.

[DanClrk51]

Sweet! Now Omaha will finally bow to our will.

[quixnet]

http://www.journalstar.com/news/state-and-regional/govt-and-politics/article_7fee9a90-3b7c-11df-86ae-001cc4c03286.html

Legislation clarifying Nebraska handgun law moves to final reading
By JoANNE YOUNG / Lincoln Journal Star Monday, March 29, 2010

The Legislature advanced a handgun bill Monday to final reading to ensure Omaha, or any Nebraska city or village, could not force concealed carry permit holders to also register their guns locally.

A number of senators said they thought they had put the issue to rest by passing legislation (LB430) last year that no city could regulate ownership, possession or transporting of concealed handguns.

Sen. Mark Christensen of Imperial, who offered the amendment to the bill (LB817), received an opinion Friday from Attorney General Jon Bruning that said any city, including Omaha, requiring registration of a handgun by concealed carry permit holders runs afoul of the state law.

"For the city of Omaha to say that its ordinance that provides for the registration of any handgun, concealable or otherwise, is not subject to LB430 flies in the face of the express current language of statute," said Omaha Sen. Brenda Council.

As much as she is philosophically opposed to carrying concealed weapons, she said, Omaha should not need to have additional warning to follow the law.

The amendment also requires the Nebraska State Patrol to inform each concealed carry permit holder that if a gun owned by the person is lost or stolen, she or he should notify the county sheriff or local police department.

Council said she would consider a bill next year that would impose more responsibilities for permit holders in reporting lost or stolen guns.

LB817 would allow firearms dealers in Nebraska to accept a valid state concealed handgun permit in lieu of a firearm purchase certificate for the purchase of a handgun.

[DanClrk51]

"For the city of Omaha to say that its ordinance that provides for the registration of any handgun, concealable or otherwise, is not subject to LB430 flies in the face of the express current language of statute," said Omaha Sen. Brenda Council.

As much as she is philosophically opposed to carrying concealed weapons, she said, Omaha should not need to have additional warning to follow the law.

The amendment also requires the Nebraska State Patrol to inform each concealed carry permit holder that if a gun owned by the person is lost or stolen, she or he should notify the county sheriff or local police department.

Council said she would consider a bill next year that would impose more responsibilities for permit holders in reporting lost or stolen guns.

Council is just trying to play games here. She voted against it not because Omaha shouldn't receive another warning, but because she wants Omaha to prosecute people anyway instead of clarifying things.

And here we go again with wanting to add more burdens on gun owners as far as reporting lost or stolen firearms is concerned. I'm going to bet she will propose a bill next session to criminalize gun owners for not reporting a lost or stolen firearm within 72 hours.

[Chris Z]

Sweet! Now Omaha will finally bow to our will.

I wouldn't count on Omaha to roll over just yet...... But they are close!

[FarmerRick]

New story by the world herald, same old excuses by OPD.

omaha.com/article/20100329/NEWS01/100329538/1009#taking-aim-at-gun-ordinance

[RLMoeller]

?If this law passes, there would be no way to track stolen guns or guns that were used in violent crimes. It would be detrimental to our efforts in getting illegal guns off the streets,? said Lt. Darci Tierney, a spokeswoman for the Omaha Police Department.

Maybe they should approach Douglas County Sheriff's office, or LaVista Police, or Sarpy County Sheriff's office, or . . . .  and ask how they do it . . .  without registration.   

Does anybody wonder why so many OPD officers live in La Vista?

[Wymore Wrangler]

Or the rest of the State of Nebraska law enforcement officers!!!

[Wilson]

Question: How do you track a stolen gun? If they know it's mine, they know it's stolen! If I report it stolen, they can be on the lookout for it.
If someone steals my gun in North Carolina and uses it to commit a crime, I bet the NC police will track it back to me...they will discover that I reported it stolen to cover my butt. I think they use this new fangled thing called...HELLO... the internet. 
A little common sense goes a long way...most places. 
We are making progress though and for that I am thrilled! 

[Chris Z]

?If this law passes, there would be no way to track stolen guns or guns that were used in violent crimes. It would be detrimental to our efforts in getting illegal guns off the streets,? said Lt. Darci Tierney, a spokeswoman for the Omaha Police Department.

Maybe they should approach Douglas County Sheriff's office, or LaVista Police, or Sarpy County Sheriff's office, or . . . .  and ask how they do it . . .  without registration.   

I had a very similar though this morning when I read this story and fired off a letter to the editor. Perhaps OPD should seek training on how to track stolen guns from all the other Law Enforcement agencies in the state...

[OnTheFly]

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?

[FarmerRick]

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?

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.

[Brian]

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?

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.

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]

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

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.