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I'm sure it's been asked before but a question about selling a handgun -
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y0diggity:
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
--- End quote ---
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.
AAllen:
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.
y0diggity:
I saw that when I went back and looked at his post. His own article proved my point. :)
Sorry about that.
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