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City of Lincoln Law

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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

--- Quote ---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
--- End quote ---

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

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