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Author Topic: I'm sure it's been asked before but a question about selling a handgun -  (Read 895 times)

Offline y0diggity

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I'm looking at a site on FB that is a garage sale sight type thing for local people around my area (Scottsbluff). Folks have been selling guns on there and I was under the impression that it is legal to do so as long as the 2 parties are both able to own said firearm legally.
Here is what one member put in one of the listings there -

Quote
Jesi Freeburg - A synopsis of Nebraska state laws on purchase, possession and carrying of firearms.
PURCHASE
Handgun means any firearm with a barrel less than sixteen inches in length or any firearm designed to be held and fired by the use of a single hand.

To purchase, receive, or sell a handgun, a certificate is required, (includes private sales) unless:
•The transferee is a federally licensed firearms dealer;
•It is an antique handgun;
•The transfer is to a law enforcement agency;
•It is a temporary transfer and the transferee remains
•in the line of sight of the transferor or
•(b) within the premises of an established shooting facility; or
•The transfer is between a person and his or her spouse, sibling, parent, child, aunt, uncle, niece, nephew, or grandparent.
9 minutes ago · Like

And referencing the following site -
 http://www.nraila.org/gun-laws/state-laws/nebraska.aspx

Can someone help me out here? I don't want to break the law inadvertently.
That which does not kill us was not trained properly.

Offline AAllen

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That post is close to correct, a handgun purchase requires the purchaser to have a handgun (firearms) purchase certificate or meet one of the exceptions.  The issue is the statute shown is old a CCW or police certification now also applies as an exception.

Current Law:  http://uniweb.legislature.ne.gov/laws/statutes.php?statute=s6924003000

69-2403. Sale, lease, rental, and transfer; certificate required; exceptions.

(1) Except as provided in this section and section 69-2409, a person shall not purchase, lease, rent, or receive transfer of a handgun until he or she has obtained a certificate in accordance with section 69-2404. Except as provided in this section and section 69-2409, a person shall not sell, lease, rent, or transfer a handgun to a person who has not obtained a certificate.

(2) The certificate shall not be required if:

(a) The person acquiring the handgun is a licensed firearms dealer under federal law;

(b) The handgun is an antique handgun;

(c) The person acquiring the handgun is authorized to do so on behalf of a law enforcement agency;

(d) The transfer is a temporary transfer of a handgun and the transferee remains (i) in the line of sight of the transferor or (ii) within the premises of an established shooting facility;

(e) The transfer is between a person and his or her spouse, sibling, parent, child, aunt, uncle, niece, nephew, or grandparent;

(f) The person acquiring the handgun is a holder of a valid permit under the Concealed Handgun Permit Act; or

(g) The person acquiring the handgun is a peace officer as defined in section 69-2429.


For long guns the certificate is not required by law but allot of sellers require it just so they can be certain they are not selling to a person who is barred from purchasing.

Offline y0diggity

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I saw that when I went back and looked at his post. His own article proved my point. :)
Sorry about that.
That which does not kill us was not trained properly.