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Is Nebraska handgun purchase permit/certification required by Nebraska Revised S
Tulkas:
Hello,
I hold a federal C&R license, enjoy collecting and studying military pistols from World War II and earlier and have recently moved to Nebraska from another state. In shopping at a local pawn shop I discovered that a "permit" is required to purchase a handgun. A little research found Nebraska Revised Statutes 69-2403 and 69-2404 and onwards. This begs some questions:
1. What exactly does the certificate required by 69-2404 certify?
2. How does this certification differ from a permit?
3. Why should a person beg permission to exercise a right?
4. Does this requirement violate the "shall not be infringed" clause of the US Constitution, Amendment II?
Best Regards,
Tulkas
Tulkas:
--- Quote from: Tulkas on February 10, 2012, 01:27:07 PM ---
Oh, phooey,
It appears that the "Subject" is too long for this web-based ... Anyway, I am asking about Nebraska Revised Statute 69-2403, which may be found at <http://nebraskalegislature.gov/laws/statutes.php?statute=69-2403>.
Best Regards,
Tulkas
--- End quote ---
SemperFiGuy:
Tulkas:
First of all, a sincere welcome to Nebraska. It's a Great State. Nice people. (I'm a transplanted Missourian for some now.)
Moving on to Your Inquiry..........
To purchase a handgun in Nebraska, you must first go to your own county sheriff's office. Ask for forms for a Firearms Purchase Certificate. [Douglas County calls it thusly: Firearms Purchase Certificate. It's really a handgun purchase certificate.] You'll need your Nebraska driver's license to show residence.
You must have this certificate/card/"permit" to purchase a handgun in Nebraska [except for below]. Usually it is issued while you wait, after a standard NICS background check. It will cost $5.00. It certifies only that the holder did not have a criminal record which prohibits handgun ownership at the time of issue.
Exception to FPC requirement: If you have a Nebraska Concealed Handgun Permit, you do not need the FPC. CHP supersedes the FPC. However, you cannot apply for the NE CHP until you have lived in Nebraska 180 days.
You'll need to show either an FPC or a CHP whenever you purchase a handgun.
If you live in Omaha or bring your handguns into Omaha city limits, you must immediately register the handgun with the Chief of Police. $15.00/gun. There is no official grace period. Or else the handgun is subject to seizure and you are subject to a firearms violation. And you will NOT then be eligible for a CHP for the next 10 years.
Once you have a NE CHP, you no longer need to register your handguns with the Omaha Chief of Police.
That's about it.
Like I said, Welcome to Nebraska.
sfg[PS: Re infringement of your rights. Of course this stuff is all an infringement. Your gun rights are under constant, relentless infringement. Yes. Indeed. Absolutely. No question. Goes without saying. Constant vigilance is required just to stay even.]
AAllen:
Tulkas, to understand this "Certificate" you need to look a bit at it's history.
This was put in place before the Brady Bill and background checks became law. Since that time there have been some changes, and even an attempt to do away with it. The attempt to do away failed because most firearms owners and dealers in Nebraska support the certificate. It is not always possible to call the ATF to do a background check at gun shows etc., and we all like to take our purchases home with us when we buy them.
Why is this not a "Permit" though it is very similar it is not required to have one to own a handgun, all this really is is a certificate that say's you have passed a NICS
check and is required to purchase a handgun. There is 3 other items that can be used; a Federal Firearms Dealer License (a C&R should work at least for C&R eligible purchases at a place that deals C&R), a Concealed Carry Permit, or certification of being a Peace Officer.
With the failures of the NICS check, and the lack of good communications in area's of the state, this card gives the person trying to make a purchase the ability to avoid a lot of hassle. With the small cost of $5.00 (possibly going up to $10) most feel it is worth it to leave it on the books, and is even a smaller infringement upon their rights than trying to get a NICS check done. By have the "Certificate" you may purchase any firearm without the need to have a NICS check done, the ATF accepts it in place of one.
If the NICS check was done away with I think everyone would back doing away with this, but until then it is the lesser of evils.
Tulkas:
--- Quote from: SemperFiGuy on February 10, 2012, 02:03:43 PM ---Tulkas:
First of all, a sincere welcome to Nebraska. It's a Great State. Nice people. (I'm a transplanted Missourian for some now.)
Thanks very much for the response and the welcome. :)
Moving on to Your Inquiry..........
To purchase a handgun in Nebraska, you must first go to your own county sheriff's office. Ask for forms for a Firearms Purchase Certificate.
<snip>
That's what causes the heartburn since it smacks of begging permission to exercise a right. It also seems to duplicate the BATFE instant background check initiated by Form 4473, except that the information on the Certificate could be three years out of date.
[My emphasis]
It certifies only that the holder did not have a criminal record which prohibits handgun ownership at the time of issue.
What is to say that the Certificate holder didn't lose his mind three months ago, has been sent for evaluation but hasn't surrendered the Certificate?
Exception to FPC requirement: If you have a Nebraska Concealed Handgun Permit, you do not need the FPC. CHP supersedes the FPC. However, you cannot apply for the NE CHP until you have lived in Nebraska 180 days.
Nice but I have no desire to carry, except to and from the range. BTW the law http://nebraskalegislature.gov/laws/statutes.php?statute=69-2428 refers to it as a permit not a license. There is big difference.
If you live in Omaha or bring your handguns into Omaha city limits,
<snip>
I won't be going to Omaha except possibly for an evening at King Fong's. :)
Like I said, Welcome to Nebraska.
Thanks again!
[PS: Re infringement of your rights. Of course this stuff is all an infringement. Your gun rights are under constant, relentless infringement. Yes. Indeed. Absolutely. No question. Goes without saying. Constant vigilance is required just to stay even.]
So, are we doing anything about these infringements aside from sitting here complaining about them? How about putting something into motion to repeal these laws and fire some of the hired help (legislators) who promote them?
Best Regards,
Tulkas
--- End quote ---
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