Question about NE (Omaha) gun ownership; "registering" a family-owned pistol?

[Wax]

Hey there, just registered tonight because I haven't been able to find the answer to this question online, and I figured you guys would be the best source of info (been a casual reader from Google searches for a few years now)...

Back in the late '70s, my father lived in Iowa he and bought a .38 pistol, basically just for home defense. He bought it legitimately and everything, according to whatever the state of Iowa required back then... My parents then moved here to Omaha around 1977 and he's owned the gun ever since, although the thing hasn't been fired for probably 20 years and it's been in a locked case ever since.

I don't own a gun, but I try to go to a shooting range at least once every couple years, just to make sure I know how to handle and fire a gun if I ever need to. Recently I've been thinking that it would be nice to take my dad to the range and shoot that .38, but I've never gotten around to it because according to my dad, he never actually "registered" the gun when he moved to Omaha all those years ago. So in addition to just being able to take that gun to the range, I'd also like to figure out how to make it "legit" (for transporting it in a car, of course, as well as in his home).

What I'm confused about is the process; my dad said that he doesn't have any papers or documentation for the pistol. He obviously bought it long before the Brady Bill was passed, but if there was a state or federal "registration" database back then -- even on paper -- wouldn't my dad's name match the serial number of the gun and everything?

I know that guns are supposed to be presented at the OPD main office downtown to be registered, but we can't legally transport this gun in a car, can we? Any info or advice would be really appreciated... In addition to helping make sure the gun is finally "licensed," I'm also just a 30 year old guy who'd like to finally get the chance to fire off a few rounds with his dad.

Thanks...

[jonm]

All you have to do is keep it unloaded and in a locked compartment not reachable by the driver to transport it. Then you just take it downtown and register it. You dont need to bring any paperwork or anything. It does cost $10 though.
There is no federal database, it is a city (maybe county) regulation. If you live outside of Omaha, you don't have to register it.

[Wax]

Great, thanks for the answer, Jon... That's a lot simpler than I was expecting. I guess there are so many laws and regulations regarding firearms now, "laymen" like myself just assume there are endless hoops and paperwork involved in buying or owning a gun. Makes me wonder how many more gun owners there would be out there if they weren't ingrained with the same assumptions about gun law. (When I learned that gun ownership in Nebraska -- as in, the state as a whole -- doesn't require "registering" or some kind of licensing that ties you to the gun, I couldn't believe it. From TV and the media, you figure that owning a gun is a pretty laborious, legally-intensive thing that forever keeps tabs on you...

[Dan W]

Wax, even if you live outside of Omaha city limits, unless you have a valid concealed carry permit you must register all concealable firearms and handguns if you wish to possess them in Omaha.

If you never take them into Omaha city limits , then you do not need to register. 

[jonm]

Wax, even if you live outside of Omaha city limits, unless you have a valid concealed carry permit you must register all concealable firearms and handguns if you wish to possess them in Omaha.

If you never take them into Omaha city limits , then you do not need to register.

But you wont need to do that if you are just passing through, correct?

[greg58]

Welcome Wax, they will take the weapon into their back room and check it for stolen etc.
The staff at the OPD office were not the friendliest when I registered one about 5 years ago.
Good luck, Greg

[HuskerXDM]

I would get my concealed carry permit if I lived in Omaha, just for the sake of all of the registration stuff they make you do.

[Dan W]

But you wont need to do that if you are just passing through, correct?

Wrong, Omaha will try and enforce this registration ordinance on anyone without a valid concealed carry permit.  The City attorney has even implied they can do it if you are not a Nebraska resident, which in many cases violates federal law regarding transporting firearms, which were protected by the Firearm Owners Protection Act  of 1986

[NE Bull]

Brings me to my question:  How big of a 2x4 do ya fgiure it would take to knock some sense into the Omaha City Council?  I mean a lawsuit got their attention, but they still just can't understand that they are not above state and Federal legislation.

[Dan W]

Omaha is just one of several other jurisdictions that ignore FOPA 86...New York City, Washington DC and the State of New Jersey all flaunt this federal law with  impunity

[HuskerXDM]

I think we should all just start saying The Republik of Omaha from now on.

[jonm]

Wrong, Omaha will try and enforce this registration ordinance on anyone without a valid concealed carry permit.  The City attorney has even implied they can do it if you are not a Nebraska resident, which in many cases violates federal law regarding transporting firearms, which were protected by the Firearm Owners Protection Act  of 1986

I had thought the FOPA would protect you from that. Kind of how you can travel through California, New York, New Jersey with high cap mags. I would love to see them try to enforce that.

[bullit]

Enforcing may not be possible...BUT you will pay an exorbitant amount of legal fees to play the game.....Mr. Zimmerman is finding this out in Florida.  In short, you may be right, but gonna cost you....

[Dan W]

Omaha plays this game by confiscating your firearms, delaying charges, delaying court dates, and then when they lose the case, they refuse to return the firearms involved unless you pay for another judgement and  a court order to return the firearms, all at your expense. Makes the fee for a CHP seem quite small in comparison

[DanClrk51]

It does cost $10 though.

The Omaha registration fee per handgun is $15 not $10. They changed this back in November remember?

I had thought the FOPA would protect you from that. Kind of how you can travel through California, New York, New Jersey with high cap mags. I would love to see them try to enforce that.

And yes they have enforced that and imprisoned people before. See the case of Brian Aitken:

http://articles.philly.com/2012-03-30/news/31261416_1_large-capacity-hollow-nosed-bullets-capacity-ammunition-magazine

Note: Even though Brian Aitken's sentence was commuted by the governor he is still a felon and thus has lost many rights including his 2nd Amendment rights. And in that story you read how the NJ supreme court only threw out several of the charges but not all. They also didn't seem to reference FOPA in regards to their decision to throw out some of the gun charges.

PS: A bill has been introduced recently in Congress to strengthen FOPA and broaden it a bit so that States stop ignoring it.

[jonm]

The Omaha registration fee per handgun is $15 not $10. They changed this back in November remember?

i didnt even realize they changed the price. its been a while since i registered a gun.

[Wax]

I know this post of mine is old, but since I'm not sure how you guys feel about clogging the board with new posts, I figured I'd reply here with a quick follow-up question...

Does this same Omaha law/statute apply to rifles? I'm thinking about buying a Ruger 10/22 soon, which would be my first firearm and used to learn the basics and such. Same process? Register downtown after it's bought?

And a quick side-question, too: Do we need that permit to be able to purchase firearms from gun shows in Nebraska?

Thanks

EDIT: Reviewing the handgun registration rules again, I noticed one of the restrictions concerning drug-related convictions (last bullet point):

http://opd.ci.omaha.ne.us/services/citizen-services/handgun-registration#7

Are any of these restrictions discretionary when it comes to the OPD? I'm kind of embarrassed to admit I was busted for smoking a joint when I was 16, in 1996. Obviously that was more than 10 years ago, and it happened when I was a minor (don't know if that even makes a difference). But what I'm really wondering is if the city legislation extends discretionary power to the OPD when it comes to permits to purchase/registration (in this case, the discretion to deny). I'm assuming the answer is no, but from what I understand now about Omaha's gun laws...

[AAllen]

You do not need to register a "Rifle" so as long as you are not getting one of the 10-22 handguns (forget what the model is called) you do not need to register.  The "Firearm" (by law Handgun) purchase permit is also only needed for handguns, though many private sellers request it so they know you are not a prohibited person (just doing due dinigence).  That said without said purchase permit the seller will do a NICS check to verify you are not a prohibited person, (except for private sales which can not, thats why they ussusally request the purchase permit).