Want to buy Sporting Rifle question regarding law?

[MattW]

So I touched on this in the "Dick's Sporting Goods by Oakview" thread but I figure I would get a better response here.

The situation I am in is that I am an resident of the state of Nebraska and have been so for quite some time, but I have an out of state (North Carolina) license because I never applied for a Nebraska license when I moved back and I still live in North Carolina for 2 months of the year.

I went to Dick's to buy the S&W 15-22 LR Rifle and the guys there basically didn't know any of the laws, and after I read over the details at the bottom of the form 4473 it makes me think they are even dumber than I though.

So I filled out the 4473 with my Nebraska address and the guy that was there at the time filled in my North Carolina license ID number, as he should have according to the  form instructions. The application was approved no problems but the guy I dealt with next when I went to get the gun said I had to provide some government documents because my License ID doesn't match the residence address.

I provided them with my SSS Registration Card and also a State of Nebraska Tax Receipt for my UNO Classes. Apparently this isn't enough and there store manager is a moron who refuses to call me back and tell me the issue is.

This is what is listed at the bottom of the form for instructions on filling out the license portion.

Question 20.b. Alternate Documentation: Licensees may accept a combination of valid government-issued documents to satisfy the identification document requirements of the law. The required valid government-issued photo identifica- tion document bearing the name, photograph, and date of birth of transferee may be supplemented by another valid, government-issued document showing the transferee’s residence address. This alternate documentation should be recorded in question 20.b., with issuing authority and type of identification presented. A combination of government-issued documents may be provided. For example, if a U.S. citizen has two States of residence and is trying to buy a handgun in State X, he may provide a driver’s license (showing his name, date of birth, and photograph) issued by State Y and another government-issued document (such as a tax document) from State X showing his residence address.

This is exactaly what I gave them. License shows my name, date of birth, and photograph (NC License) issued by NC and another government-issued document (SSS Registration Card and Tax Receipt) from Nebraska showing my residence address.

Am I correct here and these guys are morons? If I got to Scheels and try to purchase the gun would I run into the same problem? I could get my grandfather to purchase it for me but I would hate to have to drag him all the way out there to do this.

[MattW]

Oh and to top it all off I just found my voter registration card which should help clarify.

[00BUCK]

You will probably get the same thing no matter where you go. You'd be better off getting your NE DL then purchase you boom sticks.

To answer your question - yes the people at Dick's are morons - that's what happens when a tennis shoe store sells guns.

[MattW]

You will probably get the same thing no matter where you go. You'd be better off getting your NE DL then purchase you boom sticks.

To answer your question - yes the people at Dick's are morons - that's what happens when a tennis shoe store sells guns.

Okay, I am going to try again at Scheels tomorrow anyway, I will post back here what happens. Hopefully they have staff that is more knowledable seeing that they have a great deal more guns. According to what is says on the form 4473 what I have is completely acceptable.

I am going in Monday to apply for my Social Security replacement card and then I can get my NE license, this will probably still take at least a month and I want to get the gun before Christmas so I can go to the range or farm and shoot with my family.

[bkoenig]

Scheels tends to hire guys who actually know something about guns, unlike most of the other "sporting" goods stores.  Their gun prices are generally a little high, but they do have some good sales if you keep your eyes open.

I bought a rifle there once and my NE purchase permit still had my old address but my Driver's license was new (I had moved about 3 months before).  I just showed them my vehicle registration with a current address that matched my DL and they were good.

[HuskerXDM]

Their gun prices are generally a little high, but they do have some good sales if you keep your eyes open.

I've had good luck with them price matching.

[Dan W]

Part of the problem here is that the OP is not in compliance with Nebraska law...

Nebraska License to Drive
1A Who Must Have a Nebraska License?

Any Nebraska resident who operates a motor vehicle on the streets and highways of Nebraska must have a license.

Any new resident with a valid license from another state must obtain a Nebraska license within 30 days.

That problem does not change the fact that Dick's Sporting Goods corporate policy does not follow existing law concerning sale of long guns to residents of contiguous states.

That said, NC is not contiguous to Nebraska last time I checked

[MattW]

Part of the problem here is that the OP is not in compliance with Nebraska law...


That problem does not change the fact that Dick's Sporting Goods corporate policy does not follow existing law concerning sale of long guns to residents of contiguous states.

That said, NC is not contiguous to Nebraska last time I checked

Yes I know I am not in compliance with that law, I have never had a problem keeping my NC license either, I have been pulled once by Omaha police for "going to fast" and was given a warning but they had no problem with my NC license, I just told them I was in state for college. Anyways I am planning on getting my NE license soon since I have been working in the state for awhile.

Anyways I went into Scheel's this morning, said I wanted to purchases the gun, explained my situation to the guy, he was very knowledgeable of the law and what needed to be done, he took copies of all of the documents I brought to prove I was a NE resident, sent in the form 4473 and it came back fine. Sold me the gun and a 500 round pack of federal game-shock ammunition. I was in and out in 30 minutes. Will be going back to Scheels if I need anything else locally.



And what is this law you speak of about contiguious states? According to the ATF Quick Reference Guide here:
http://www.atf.gov/publications/download/p/atf-p-5300-15.pdf

It states:

You may make an over-the-counter sale of a rifle or
shotgun to a non-resident if the transaction complies with
all the laws of your State and the laws of the buyer’s
State.

Unless we have a state law I do not know of?

And according to the wikipedia article on Gun Laws in Nebraska..

Rifles and shotguns are not subject to gun laws more restrictive than those at the federal level.

So....

[Dan W]

Nebraska Revised Statute 28-1211
 
28-1211. Firearms; purchase, sell, trade, or convey; conditions.

The State of Nebraska herewith permits its residents, not otherwise precluded by any applicable laws, to purchase, sell, trade, convey, deliver, or transport rifles, shotguns, ammunition, reloading components or firearm accessories in Nebraska and in states contiguous to Nebraska. This authorization is enacted to implement for this state the permissive firearms sales and delivery provisions in section 922(b), (3)(A) of Public Law 90-618 of the 90th Congress, Second Session. In the event that presently enacted federal restrictions on the purchase of rifles, shotguns, ammunition, reloading components, or firearm accessories are repealed by the United States Congress or set aside by courts of competent jurisdiction, this section shall in no way be interpreted to prohibit or restrict the purchase of shotguns, rifles, ammunition, reloading components, or firearm accessories by residents of Nebraska otherwise competent to purchase same in contiguous or other states.
Source

    Laws 1977, LB 38, § 243.

[MattW]

Ok thanks I was not aware of that, but isn't this law giving us authorization to do at least that much and also to whatever bounds we are allowed by federal restrictions?

EDIT: No you are right, nevermind.

Thanks for posting that was not aware

[bullit]

Can someone then tell me how Revised Statute 28-1211 is remotely enforceable...or more to the point how monitored?  NE residents can buy long guns legally outside the "contiguous" definition in a number of states.  Interesting reading to say the least particularly the last part "or other states"......

[CitizenClark]

.

[MattW]

Gun laws are so confusing its ridiculous.