Air Guns in Lincoln

[Ram Ringer]

Does anyone know what the deal is with the City of Lincoln and shipping air guns. I just tried to order a soft pistol from Midway USA and they said due to State or City laws they couldn't send it to my address. It must be a City thing because I had it sent to a buddy of mine who has a Denton address.

[NE Bull]

Not for sure, but this may have something to do with it.

http://nebraskafirearms.org/forum/index.php/topic,2092.0.html

[bk09]

Not for sure, but this may have something to do with it.

http://nebraskafirearms.org/forum/index.php/topic,2092.0.html

That is absurd. Shouldn't state laws overrule this?

[armed and humorous]

I totally agree it is a ridiculous assault on our rights.  It won't help any that yesterday, a child at an elementary school here in Lincoln was found in possession of an airsoft pellet gun.  More fuel for the crazy anti-gun crowd.  I don't know if anyone has ever fought these ordinances in court, but I sure wish someone would.  I'm not sure what could be done about the ones that ban providing these toy guns to children, but I think a person could fight and win if charged with discharging one in the city limits.  I think it would come down to the definition of "in a such a manner as to endanger people or property".  I on occassion shoot a pellet gun in my back yard, but I shoot into metal trap at the base of my wooden fence, either of which would stop the pellets from traveling beyond my property.  I would certainly fight it if I were charged under this ordinance, as I don't think they could prove I was endangering people or property.

I think the section regarding toy guns and children was adopted for two reasons.  One, kids will shoot at each other with these toy guns, and depending on the gun and situation, there could (and probably have been) injuries (bb to the eye, etc.).  The other is the chance that a toy gun will be mistaken for a real gun and result in a child being shot by someone else with real gun who may be fearing for their own life.  I can understand those "justifications" but in either case, proper upbringing and training by the parents would all but eliminate those situations.

[m0par]

Kearney has a similar City Code as far as discharging:

8-1902     DISCHARGE OF AIR GUNS, ETC.
It shall be unlawful for any person to discharge or cause to be discharged, any toy pistol, toy gun, air gun, or any other firearm, or any slingshot loaded with rock or leaden or other dangerous missiles within the City.

IANAL, but it seems to me the way its worded, the "rock or leaden or other dangerous missiles" pertains only to the slingshot. Therefore, even firing a Nerf, squirt, rubber-band, or cap gun in city limits would be illegal. I don't know if anyone would ever be charged for shooting a Super Soaker in town, but code seems to say its verboten.

(Not to mention, I am unable to find any exemption for self defense, so even a justified use of a firearm would still be against City Code.)

[Ram Ringer]

Thanks for the replies. I am intimately familiar with the Lincoln ordinance that has been referred to. THere is a section in there that allows me to do my job. But I what I can't find is something in there about shipping to Lincoln. It appears to only be a hang up with Midway. I have tried several other online purchases (without actually buying), Cabelas being one of them, and none of them give me a red flag. I may have to call Midway USA and inquire about this. If I find anything I will pass it along.

Thanks

[armed and humorous]

Midway will ship ammunition to Lincoln, or at least they used to, but I don't know what problem they have with air guns.  I guess, technically, even the postman or UPS guy would be violating the law by simply carrying them to your door.  While this may be a problem in trying to purchase from Midway (or others), it certainly doesn't stop Scheel's and other sportinggoods stores from selling them.  I've never heard specifically of any case where these laws were enforced, either, though there may have been some.  My guess is, like with many other laws, unless you cause some kind of a problem, or somehow draw a complaint from another citizen, the law will never be enforced.

I can say, that if one were to be shooting at birds, rabbits, squirrels, etc., within the city they would be cited if turned in by someone or if an officer were to witness it.  The charge might likely be criminal mischief and could result in a $200 fine (perhaps more) plus court costs.  At least it wouldn't be a firearm violation that would prevent you from possessing guns in town.

This is just another example of liberals who think government can somehow protect them from all the evils or accidents in life.  I wish the University and government would move to Omaha so the conservatives here could live a sensible life once again.  (Not that I wish any more bad laws for Omaha citizens, but why contaminate another town in Nebraska ).

[bk09]

Midway will ship ammunition to Lincoln, or at least they used to, but I don't know what problem they have with air guns.  I guess, technically, even the postman or UPS guy would be violating the law by simply carrying them to your door.  While this may be a problem in trying to purchase from Midway (or others), it certainly doesn't stop Scheel's and other sportinggoods stores from selling them.  I've never heard specifically of any case where these laws were enforced, either, though there may have been some.  My guess is, like with many other laws, unless you cause some kind of a problem, or somehow draw a complaint from another citizen, the law will never be enforced.

I can say, that if one were to be shooting at birds, rabbits, squirrels, etc., within the city they would be cited if turned in by someone or if an officer were to witness it.  The charge might likely be criminal mischief and could result in a $200 fine (perhaps more) plus court costs.  At least it wouldn't be a firearm violation that would prevent you from possessing guns in town.

This is just another example of liberals who think government can somehow protect them from all the evils or accidents in life.  I wish the University and government would move to Omaha so the conservatives here could live a sensible life once again.  (Not that I wish any more bad laws for Omaha citizens, but why contaminate another town in Nebraska ).

Guilty of shooting rabbits 

[Ram Ringer]

I called Midway and the lady looked up their shipping restrictions and said they cannot ship Black powder arms to Omaha, and cannot ship BP arms or air guns to Lincoln. But she did not no why. So lastly I called the City Attorneys office and was told to call LPD or the County Attorney office. The Mystery Continues.

[armed and humorous]

Fortunately, I was never found guilty of anything, but I know someone who has.  (I only shoot squirrels! )

[skydve76]

Sorry guys probably due to me.  When I was in 7th grade (early 90s) I used to run around Weslyan University with a bb gun and slingshot and shoot at squirrels.

Oh times have changed.

[armed and humorous]

skyedive76:

I hate to burst your bubble, but I'm pretty sure these laws were on the books prior to your hunting expeditions on the Wesleyan campus.