General Categories > Laws and Legislation
Buying a handgun
Mudinyeri:
It seems as though the essential question is whether or not the OP is a "Nebraska Resident".
Here is how the administrative code defines the term Resident:
--- Quote ---shall mean a person who has been a resident of this state for at least one hundred eighty days. This does not include an applicant who maintains a residence in another state and claims that residence for voting or tax purposes.
--- End quote ---
So, bigmountain, it sounds as if you are not a resident. Your wife, on the other hand, sounds as if she is.
This is relevant to all three of your questions.
1. Federal law requires an individual to take possession of a purchased handgun in his or her state of residence. To purchase your friend's handgun, you would need to obtain a Nebraska purchase permit, conduct the transaction and then have your friend ship the handgun to a FFL in Utah where you could take possession of the handgun. Person-to-person (non-FFL) transfers must be between two residents of the state.
2. Since you are not a resident of Omaha, you get a pass on the registration on that count (Residents of Omaha must register). Since you hold a Utah concealed carry permit, with reciprocity in Nebraska, it would seem that you also get a pass on that count (Those with recognized concealed carry permits and in compliance with the Nebraska Concealed Handgun Permit Act are not required to register, but my do so voluntarily).
3. Your wife, now as a Nebraska resident (assumed), will need to acquire a Nebraska concealed carry permit. Depending on when it expires, she may want to hold on to her Utah resident permit.
ETA: If you and your wife maintain a (jointly titled, leased, etc.) residence in Utah and she maintains her voter registration in Utah, you might be able to skate on her being a resident of Nebraska. The Nebraska driver's license will muddy the waters, though. Expect considerable legal wrangling if she is found to be carrying.
AAllen:
--- Quote from: Mudinyeri on January 31, 2012, 11:08:47 AM ---2. Since you are not a resident of Omaha, you get a pass on the registration on that count (Residents of Omaha must register).
--- End quote ---
We need to be careful here, residence has nothing to do with Omaha's registration, it only requires the gun be in Omaha.
FarmerRick:
--- Quote from: AAllen on January 31, 2012, 12:28:35 PM ---We need to be careful here, residence has nothing to do with Omaha's registration, it only requires the gun be in Omaha.
--- End quote ---
Has Omaha's registration law revision taken effect yet? That may be the determining factor whether or not he technically needs to register any weapons, according to Omaha anyway. ::)
AAllen:
--- Quote from: FarmerRick on January 31, 2012, 02:12:12 PM ---Has Omaha's registration law revision taken effect yet? That may be the determining factor whether or not he technically needs to register any weapons, according to Omaha anyway. ::)
--- End quote ---
Yes the new law is in effect.
bigmountainskiercfg:
I think I am more confused then when I first started, LOL ??? If i understand correctly... there is not a chance for me to buy this guys gun as a private sell because he is a nebraska resident and I am a Utah resident even though i have lived here for 5 months, have an address here, and am considered a resident when i buy a hunting license. Is that correct? 2nd I have to register my guns because i live in douglas country even though Nebraska accepts my CCW permit. Its only NE CCW permits that don't have to register them. IS that correct?
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