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Is Nebraska handgun purchase permit/certification required by Nebraska Revised S
SemperFiGuy:
Tulkas.......
--- Quote ---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?
--- End quote ---
Watch this Forum.
It's a Hotbed of Activists. Who get Good Things Done.
You're welcome to help.
sfg
Tulkas:
--- Quote from: AAllen on February 10, 2012, 02:11:36 PM ---Tulkas, to understand this "Certificate" you need to look a bit at it's history.
Okay, thanks.
This was put in place before the Brady Bill and background checks became law.
Okay, if I understand you correctly, in the early sixties Nebraska was ahead of the game in requiring a background check of some kind. The legislature of that time deserve congratulations.
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.
Let's put the Constitutional aspect of this permit/certificate aside for the moment. In this day of a cell phone in every pocket you won't find a gun show or dealer who can't do an instant check with the ATF. The last time I purchased a pistol at a gun show the dealer used his cell phone to call ATF and had a "proceed" in about five minutes; and this was ten years ago.
I don't understand why you say that most firearms owners and dealers in Nebraska support the certificate. I can think of several reasons why I wouldn't support it, beginning with the fact that the information the certificate is based on could be as much as three years out of date. If I were in the retail gun business I would get an ATF background check for every sale.
Why is this not a "Permit" though it is very similar it is not required to have one to own a handgun,
I disagree that it isn't a "permit". The law, as written, http://nebraskalegislature.gov/laws/statutes.php?statute=69-2404 says "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." Note the apply, which seems to be the same as to "beg permission". The next section, 69-2405, says that the sheriff shall issue or deny the certificate within three days. The NICS check doesn't take nearly that long. :)
all this really is is a certificate that say's you have passed a NICS
check and is required to purchase a handgun.
The same NICS check that a firearms dealer can get by telephone? The dealer doesn't charge $5.00 for it either.
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.
I got the C&R for convenience while traveling and for buying guns on-line. It shouldn't be necessary to use it in the state of one's residence.
I don't need the expense and hassle of getting a CCP, which btw should be a CCL since a person must demonstrate proficiency to obtain one.
I've never been a peace officer except for a stint in the Air Police many years ago. :o
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.
Again, I disagree. That may have been a good argument 40 years ago but it doesn't hold water in 2012. I believe that the permit/certification is a bad law for several reasons: 1. It violates the US Constitution, Amendment II in that it requires a person to beg permission to exercise a right. This is infringement on its face. 2. It is unenforceable. If my brother, or someone whom I know equally well, wants to buy my engraved Mauser I could easily sell it to him with or without any certificate. 3. A permit/certificate issued nearly three years ago is, IMO, worthless. Things change.
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.
Don't misunderstand, I have nothing against keeping handguns away from felons or the feeble-minded by way of background checks. I've passed many of them, hope to pass many more. Not in Nebraska though because I decline to beg permission to exercise a right. That's a shame, there's a gun dealer here who has a Mauser C96 I would love to buy and I think he could use the money. Too bad but we'll both have to live with the situation for the present.
Best Regards,
Tulkas
--- End quote ---
Tulkas:
--- Quote from: SemperFiGuy on February 11, 2012, 03:51:35 PM ---Tulkas.......
Watch this Forum.
I'm watching, I'm watching!
It's a Hotbed of Activists. Who get Good Things Done.
You're welcome to help.
Okay, what would you like me to do?
Tulkas
--- End quote ---
Dan W:
--- Quote from: Tulkas on February 10, 2012, 01:27:07 PM ---
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
--- End quote ---
Heller v District of Columbia
--- Quote ---The Court’s opinion should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.”
--- End quote ---
It would seem that SCOTUS has ruled that
" The Court’s opinion should not be taken to cast doubt on longstanding...laws imposing conditions and qualifications on the commercial sale of arms.”
I guess we can ***** about it, but there is not much we can do locally to get that changed. In my opinion, The NICS check is more of an infringement than the purchase permit system Nebraska currently uses. Most of our members agreed when this issue was last debated.
So if you are asking when the NFOA is going to take on the removal of the purchase permit, my answer, as a director, would be that it is way way down the list on my agenda.
David Hineline:
Does a C&R license like a full FFL required re-issue at at new location to be valid, since you moved here?
Without the NE handgun purchase card, or Concealed Carry permit, you will have to wait for the NICS instant check for every in state purchase, we all know there is nothing instant about the instant check.
With either permit, you are in/out of the gun store without any delays.
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