General Categories > Laws and Legislation
Denied purchase permit for handgun
Bucket:
--- Quote from: bullit on June 10, 2013, 06:38:27 AM ---Being that you are NOT a Nebraska resident (although AD with orders to NE), I am unclear as to how you can legally purchase a handgun in Nebraska. Can you or someone else educate me if there is some exception to federal gun laws that allow non-res AD to purchase?
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As I understand it, you do not have to be a Nebraska resident to purchase a handgun, you just need to purchase the permit.
--- Quote ---69-2404. Certificate; application; fee.
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. The application may be made in person or by mail. The application form and certificate shall be made on forms approved by the Superintendent of Law Enforcement and Public Safety. The application shall include the applicant's full name, address, date of birth, and country of citizenship. If the applicant is not a United States citizen, the application shall include the applicant's place of birth and his or her alien or admission number. If the application is made in person, the applicant shall also present a current Nebraska motor vehicle operator's license, state identification card, or military identification card, or if the application is made by mail, the application form shall describe the license or card used for identification and be notarized by a notary public who has verified the identification of the applicant through such a license or card. An applicant shall receive a certificate if he or she is twenty-one years of age or older and is not prohibited from purchasing or possessing a handgun by 18 U.S.C. 922. A fee of five dollars shall be charged for each application for a certificate to cover the cost of a criminal history record check.
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CitizenClark:
--- Quote from: Bucket on June 10, 2013, 08:56:40 AM ---As I understand it, you do not have to be a Nebraska resident to purchase a handgun, you just need to purchase the permit.
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Generally speaking, under federal law a non-FFL can only purchase a handgun in his state of residence.
CitizenClark:
--- Quote from: KK@ on June 09, 2013, 02:11:55 AM ---After waiting for nearly 3 weeks in which I couldn't reach anyone about the status of my permit, I was denied. I have never had legal issues, I am the only person with my name in the entire world, and I am active duty military with a top secret clearance... so there is no chance anything could ever show a red flag in a background check.
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Actually, in my experience from about ten years ago when I worked at a gun store and worked gun shows every weekend, almost all of the NICS delays were for folks with a secret or TS clearance. I had a police chief, former military, delayed for the full three days one time because of this.
CitizenClark:
--- Quote from: bullit on June 10, 2013, 06:38:27 AM ---Being that you are NOT a Nebraska resident (although AD with orders to NE), I am unclear as to how you can legally purchase a handgun in Nebraska. Can you or someone else educate me if there is some exception to federal gun laws that allow non-res AD to purchase?
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http://www.atf.gov/content/firearms-frequently-asked-questions-unlicensed-persons#state-residency
Q: What constitutes residency in a State?
The State of residence is the State in which an individual is present; the individual also must have an intention of making a home in that State. A member of the Armed Forces on active duty is a resident of the State in which his or her permanent duty station is located. If a member of the Armed Forces maintains a home in one State and the member’s permanent duty station is in a nearby State to which he or she commutes each day, then the member has two States of residence and may purchase a firearm in either the State where the duty station is located or the State where the home is maintained. An alien who is legally in the United States is considered to be a resident of a State only if the alien is residing in that State and has resided in that State continuously for a period of at least 90 days prior to the date of sale of the firearm. See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.
[18 U.S.C. 921(b), 922(a) (3), and 922(b)(3), 27 CFR 478.11]
Q: May a person (who is not an alien) who resides in one State and owns property in another State purchase a handgun in either State?
If a person maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a handgun in that State. However, simply owning property in another State does not qualify the person to purchase a handgun in that State.
[27 CFR 478.11]
bullit:
Thanks CC. Learned something new today. Now I can go home and watch Judge Judy and eat bon bons the rest of the day.....
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