City of Lincoln Law

[AAllen]

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).

[AAllen]

I am trying to find people who have had firearms confiscated and been charged under this ordinance.  If anyone knows of someone please let me know I'm trying to do something about this.

If I can find a couple of people that have had this ordinance used against them I think I have the support needed to challange it in court.

[Dan W]

They are also denying purchase permits to anyone in those categories. We have some NFOA members (on the forum?) that have had a problem with that.

Regulating ownership is preempted by state law

[FarmerRick]

And once again, there is a double standard for those in the Military and Law Enforcement...

"(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"

[Dan W]

Requirements for obtaining a permit to purchase a handgun
 empahsis mine

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

Lincoln's ordinances are not a disqualifier under state law and are therefore preempted

[KGillen]

Yes indeed Dan, I was denied a purchase permit as a result  of 2 misdemeanors shortly after I turned 21. I finally moved back to Bellevue, and the first thing I did after getting my updated drivers license was to go apply in Sarpy county, where of course I was approved. The thing that is scary about the law down there is most people don't know about it. I didn't find out until I had been "illegally" in possession of firearms for over 3 years (I immediatly removed them from my home and placed them with my grandfather for safe keeping). I shudder to think what could've happened.
 

[Rob B]

My son was denied a PP under that ordinance also. Took the course and is qualified for ccw now(hasn'tcome up with $100 yet), will get CCW and tell Lincoln to stuff

[DaveB]

Since being denied purchase permits in Lincoln and getting them elsewhere, would that make it illegal to have a gun in Lincoln should you ever just happen to pass through?

Seems stupid to me to be denied a purchase permit and then pass the concealed check. There needs to be some changes made.

[Bill]

To the best of my knowledge you only need the purchase permit to *buy* the gun.  Once you own it the permit no longer matters.  An odd situation where you could get your ccw, live in Lincoln and be able to buy guns, yet not be eligible to get a purchase permit (if you didn't have a ccw license) because of the City ordinance.  Definitely a conflict that the city needs to fix.

[KGillen]

Dave: The same reasons for denial of a purchase permit in Lincoln are also the same for exclusion of owning firearms there, very lame.

[Dan W]

We will have to wait and see if Lincoln chooses to go the Omaha way and ignore state law where CHP holders are concerned.

If you fall into the category Lincoln considers "special" but have a CHP, it is unknown whether or not Lincoln will attempt to enforce their ban on possession in your case. But, you can almost bet they will confiscate your handgun pending the outcome, and make it very expensive to get it back.

[Dan W]

Upon visiting a Lincoln dealer today, I was informed (by someone I trust) that they received a letter this last week from the LPD, stating that they would no longer be required to collect and report sales of handguns to holders of a valid CHP.

Progress is being made...

Unfortunately, the BATFE has still not acted on the use of a CHP for the purpose of a purchase permit

[Shootist]

I had firearms and ammunition confiscated under this ordinance...  Someone F'd up, and tried to use this against me, but the statute of limitations had expired.  Subsequently, firearms were returned, and no charges filed..  Even though they didn't mind publishing my personal information and such in the LJS, which resulted in my losing employment...  No apology was ever issued, nor was retraction issued in LJS....

[AAllen]

If anyone else has any stories to share this is something I am working hard on at this moment.  I am hoping to move this issue forward in the next few weeks so anybody interested in sharing a story, please send me a note.

[FreedomOne]

Please keep us informed. We in Omaha should do something about all the illegal regulations that are going on here as well! I mean these regulations are in direct violation of our own constitution! Good Luck to you!

[Chris Z]

I purchased a handgun at Lincoln Scheels in the last couple weeks (hey every now and then you find something that is a good deal there!), the salesman told me they NO LONGER have to fill out the LPD registration form for CHP holders.

[Chris Z]

To the best of my knowledge you only need the purchase permit to *buy* the gun.  Once you own it the permit no longer matters.  An odd situation where you could get your ccw, live in Lincoln and be able to buy guns, yet not be eligible to get a purchase permit (if you didn't have a ccw license) because of the City ordinance.  Definitely a conflict that the city needs to fix.

Bill-

The problem is, the Lincoln ordinance prohibits you from "possessing a firearm" if you have convictions spelled out under this law....

Stupid ordinance, it will be going bye bye eventually. Good things take time