Hello Nebraska ! ! ! Something about Lincoln - - -

[Bay Bob]

9.36.100 Unlawful Possession of Firearms.

(a) It shall be unlawful for any person to possess any firearm within the corporate limits or
on any property of the City of Lincoln outside the corporate limits when that person has been
convicted of any one of the following offenses within the last ten years: Stalking in violation of
Neb. Rev. Stat. ? 28-311.03 or any other comparable or similar state statute from another state;
Violation of a protection order as set forth in Neb. Rev. Stat. ? 42-924 or Violation of a foreign
protection order as set forth in Neb. Rev. Stat. ? 42-931; False imprisonment in the second degree
in violation of Neb. Rev. Stat. ? 28-315; Sexual assault in the third degree in violation of Neb. Rev.
Stat. ? 28-320; Impersonating a peace officer in violation of Neb. Rev. Stat. ? 28-610; or,
Impersonating police officer in violation of Lincoln Municipal Code ? 9.08.060; Debauching a
Minor in violation of Neb. Rev. Stat. ? 28-805; Obstructing government operations in violation of
Neb. Rev. Stat. ? 28-901; Resisting arrest in violation of Neb. Rev. Stat. ? 28-904; Resisting officer
in violation of Lincoln Municipal Code ? 9.08.030; Obstructing a peace officer in violation of Neb.
Rev. Stat. ? 28-906; Interfering with an officer making an arrest in violation of Lincoln Municipal
Code ? 9.08.020; Carrying concealed weapon in violation of Neb. Rev. Stat. ? 28-1202; Criminal
child enticement in violation of Neb. Rev. Stat. ? 28-311; Implements for escape in violation of Neb.
Rev. Stat. ? 28-913; Unlawful possession of explosives, second degree in violation of Neb. Rev. Stat.
? 28-1216; Use of explosives without a permit in violation of Neb. Rev. Stat. ? 28-1218; Concealing
the death of another person in violation of Neb. Rev. Stat. ? 28-1302; Minors not to be furnished
with firearms, ammunition, or weapons in violation of Lincoln Municipal Code ? 9.36.020;
Discharge of firearms unlawful in violation of Lincoln Municipal Code ? 9.36.010; Assault in the
third degree in violation of Neb. Rev. Stat. ? 28-310; Assault and battery, menacing threats in
violation of Lincoln Municipal Code ?9.12.010; Unlawful intrusion in violation of Neb. Rev. Stat.
? 28-311.08; Violation of custody in violation of Neb. Rev. Stat. ? 28-316; Domestic assault in
violation of Neb. Rev. Stat. ? 28-323; Criminal trespass in the first degree in violation of Neb. Rev.
Stat. ? 28-520; Contributing to the delinquency of a child in violation of Neb. Rev. Stat. ? 28-709;
Public indecency in violation of Neb. Rev. Stat. ? 28-806; Public indecency or indecent exposure
in violation of Lincoln Municipal Code ? 9.16.180; Operating a motor vehicle or vessel to avoid
arrest in violation of Neb. Rev. Stat. ? 28-905; Fleeing in a vehicle to avoid arrest in violation of
Lincoln Municipal Code ? 10.14.280; any violation of the Uniform Controlled Substances Act as
set forth in Neb. Rev. Stat. ?? 28-401 to 28-456.01; Toxic compounds, unlawful use in violation of
Lincoln Municipal Code ?9.16.110; Criminal attempt in violation of Neb. Rev. Stat. ? 28-201 for
any of the state crimes set forth in this subsection (a).
(b) It shall be unlawful for any person to possess any firearm within the corporate limits or
on any property of the City of Lincoln outside the corporate limits when that person has been
convicted of two or more of the following offenses within the last ten years: Driving under the
influence of alcoholic liquor or drugs in violation of Neb. Rev. Stat. ? 60-6,196; Driving under the
influence of alcoholic liquor or drugs in violation of Lincoln Municipal Code ? 10.16.030; Implied
consent to submit to chemical test, refusal in violation of Neb. Rev. Stat. ? 60-6-197; Chemical test,
refusal in violation of Lincoln Municipal Code ?10.16.040; or any conviction under a law of another
state or municipality if at the time of the conviction under said law the offence for which the person
was convicted would have been a violation of Neb. Rev. Stat. ?? 60-6,196 or 60-6,197.
(c) The provisions of this section shall not apply to (1) the issuance of firearms or the
possession by members of the Armed Forces of the United States, active or reserve, the National
Guard of this state, or Reserve Officers Training Corps, when on duty or training; or (2) a peace
officer as defined by Neb. Rev. Stat. ? 28-109(14). (Ord. 19060 ?1; March 24, 2008: prior Ord.
18793 ?1; August 21, 2006: Ord. 18158 ?1; April 7, 2003).


I am amazed that I have not read about this here or on some other boards.

I became aware of this when a young person in Lincoln had all of his firearms confiscated by police.
Seems he had a misdemeanor ticket for pot possession several years ago.

But it appears that 2 DUIs in ten years can get you the same treatment.

If I were in Nebraska I would be screaming about this from every rooftop, but alas I am stuck in a worse place.

I hope you folks can get this turned around.

Best Wishes
BB

[A-FIXER]

Thanks for sharing............ one never fully knows when the laws change 1 yr to the next.

[Dan W]

Well many of us were screaming at the top of our lungs , but not many listened then. That is one of many reasons I have been  here every night making sure the NFOA  has a voice.

Welcome to the forums

I think that many of these City ordinances become null and void,  if you have a Concealed Handgun Permit, after LB430 went into effect on AUG. 30 2009.  That may also make it very hard for the City of Lincoln to prosecute non permit holders too.


Don't have a CHP... here's another good reason to get one, to keep Lincoln from enforcing the penalties for a felony crime against those that have not been convicted of a felony.

I do not condone any of the crimes listed above, but if the State of Nebraska does not think that they rise to level of a felony , then Lincoln needs to live with that

[Bay Bob]

Well many of us were screaming at the top of our lungs , but not many listened then. That is one of many reasons I have been  here every night making sure the NFOA  has a voice.

Welcome to the forums

I think that many of these City ordinances become null and void,  if you have a Concealed Handgun Permit, after LB430 went into effect on AUG. 30 2009.  That may also make it very hard for the City of Lincoln to prosecute non permit holders too.


Don't have a CHP... here's another good reason to get one, to keep Lincoln from enforcing the penalties for a felony crime against those that have not been convicted of a felony.

I do not condone any of the crimes listed above, but if the State of Nebraska does not think that they rise to level of a felony , then Lincoln needs to live with that

Thanks Dan,
 and I am sure all of your members appreciate your efforts.

The young man in question is a duck hunting friend and this hit him just as the season was starting so it is pretty sad.

He made a mistake when he was young, single and foolish, paid his fine and thought it was over and done.
Now he is older, but not quite 10 years older and has a wife and family and settled down.

Some of us on the Duck Hunters Refuge   (http://duckhunter.net) are considering getting up a legal fund to help him get his guns back.

First goal is to convince him to fight (after busting his chops pretty seriously for his stupidity) and perhaps find a reasonably priced local lawer to challenge this law or at least get his gun rights restored.

Keep up the good work !
BB

[Rob B]

 Whats more the County Sheriff"s office will refuse to give a gun purchase permit to any one with these misdeameanors on thier record, denieing them thier rights to purchase under state law elsewhere in the state. But only if the person has a Lincoln address, out of town address.. they can"t refuse. Talk about discrimitory

[Dan W]

The Lancaster County Sheriff is not following  the law of the state of Nebraska is that is true...

69-2404. Certificate; application; fee.

Any person desiring to purchase, lease, rent, or receive transfer of a handgun shall apply with the chief of police or sheriff of the applicant's place of residence for a certificate. The application may be made in person or by mail. The application form and certificate shall be made on forms approved by the Superintendent of Law Enforcement and Public Safety. The application shall include the applicant's full name, address, date of birth, and country of citizenship. If the applicant is not a United States citizen, the application shall include the applicant's place of birth and his or her alien or admission number. If the application is made in person, the applicant shall also present a current Nebraska motor vehicle operator's license, state identification card, or military identification card, or if the application is made by mail, the application form shall describe the license or card used for identification and be notarized by a notary public who has verified the identification of the applicant through such a license or card. An applicant shall receive a certificate if he or she is twenty-one years of age or older and is not prohibited from purchasing or possessing a handgun by 18 U.S.C. 922. A fee of five dollars shall be charged for each application for a certificate to cover the cost of a criminal history record check.
Source

    * Laws 1991, LB 355, ? 3;
    * Laws 2006, LB 1227, ? 2;
    * Laws 2009, LB63, ? 33.
      Effective Date: May 28, 2009

[Rob B]

it is fact, my son is right now going through this.

[Brian]

I would like to know why a "peace officer " is above the law as stated in:  9.36.100 (c) (2). 

"(c) The provisions of this section shall not apply to...(2) a peace officer as defined by Neb. Rev. Stat. ? 28-109..."

[Dan W]

it is fact, my son is right now going through this.

Ask them under what authority they are making law in this case. Then take their answer to the State Attorney General

[Oasix]

I too am in this boat as I made a couple of incredibly stupid mistakes shortly after my 21st birthday (6 years ago). I found out about this law last summer and was shocked to realize I was in violation. I decided to give my guns to my grandfather for safekeeping until I moved out of this city. I am currently in the process of moving back to Bellevue where hopefully I will be able to reclaim my 2nd amendment rights.

[Ryan]

Oasix,

If you have/get a CHP I would assume that the Lincoln ordinances could not be enforced upon you because of state preemption for permit holders.
Since you are moving to Bellevue soon, I guess it doesn't really matter. It sure would be nice to tell Lincoln to shove off, though.

Ryan

Edit: Regardless of the CHP preemption, the AG has stated that city ordinances cannot go against state law. That combined with LB 430 should be enough to sue the city of Lincoln regardess of CHP status, using the legal opinion as ammunition in court. Even without the opinion, the lack of authorization to cities should create field preemption automatically. Unfortunately, it does cost money to sue, especially a city with deep pockste like Lincoln.

[Ram Ringer]

It is time to a new Chief of Police and a new Sheriff, for that matter lets clean house in the city commision and Mayor's office as well

[Eric]

It is time to a new Chief of Police and a new Sheriff, for that matter lets clean house in the city commision and Mayor's office as well

I would second that, but nobody wants to run against Terry Waggoner.  As for hizzoner Mr. Buetler, he was a farce of a state Senator and only the liberal machine in this city would put him in charge of the city.  The city council has some sane people, on it, but I am tell you the leftist idiots are deeply entrenched here and we're not likely to see change any time soon.  That is why Waverly, Seward, and many of the other cities within a reasonable drive of Lincoln are growing...the decent people are running as fast as they can.

[Chris Z]

I don't know alot about Sheriff Wagner, but I can tell you he was the ONLY LEO that showed up to testify in support of allowing CHP holders to punt the handgun purchase permit.

The OPD cronies were there crying about it on the other hand

[Dan W]

I have never had any issues with Sheriff Wagner.

[00BUCK]

Well many of us were screaming at the top of our lungs , but not many listened then. That is one of many reasons I have been  here every night making sure the NFOA  has a voice.

Welcome to the forums

I think that many of these City ordinances become null and void,  if you have a Concealed Handgun Permit, after LB430 went into effect on AUG. 30 2009.  That may also make it very hard for the City of Lincoln to prosecute non permit holders too.


Don't have a CHP... here's another good reason to get one, to keep Lincoln from enforcing the penalties for a felony crime against those that have not been convicted of a felony.

I do not condone any of the crimes listed above, but if the State of Nebraska does not think that they rise to level of a felony , then Lincoln needs to live with that

Or one could choose to not break the law and not have to worry about ordinances like this.

[Eric]

I have never had any issues with Sheriff Wagner.

I have not had any personal issues either, but after talking to Rob @ Exeter Arms I had a new "appreciation" for our CLEO.  Seems he refuses to sign any NFA Form 4's because he's worried about crime.  So for a citizen of Lancaster County to comply with the BATFe's arcane rules, he must incur the added expense of filing as a corporation.  While I do not have any NFA items now, I surely would like to get some fun stuff in the future and do not like the idea of having to form a corporate entity to comply with the law because someone made an arbitrary and capricious to refuse to let people exercise all of their rights.