Author Topic: Need some advice/information :) (Read 2801 times)

introV · « **on:** June 23, 2013, 12:14:49 PM »

Hey guys, fellow Nebraskan here (Omaha). Also a new member, thanks for accepting me onto the forum! I got a couple questions for you guys, I tried googlin' for the answers and lookin up the laws but I can't accurately figure out what I want to know, hopefully you guys can help me since you're familiar with local laws.

Okay, here's some information. I want to build my own AR. I plan on ordering the Lower Receiver and having it shipped in locally, I want to follow all the laws here. I understand that in order to ship a lower receiver you need to send a copy of the FFL, etc. Here's where it gets complicated

I tried to look up the laws about the Lower Receiver and how Nebraska recognizes it. Of course I want to register the gun when I am required to do so etc. After acquiring the Lower, I planned on slowly building the rifle, probably taking a little more than a year to complete. Does Nebraska require you to register the lower receiver immediately, or when it is capable of firing? No big deal if it's an immediate thing, again just wanna follow all the laws

Also, here's one of my biggest concerns. I am not a felon, however in my past I have been convicted of possession of marijuana. I am off it now, and it's been a few years since, I could pass a drug test, I was just a stupid teenager at the time, we all make mistakes. I do not want to order a Lower Receiver, have it shipped in, only to find out I fail the background check, which would be an utter embarrassment, also would muck things up considering I'd have to arrange to somehow return the Lower Receiver, apologize for wasting a lot of people's time, etc..

Here's some more questions: Should I not even waste my time? Do I need to wait 10 years from the point of last conviction before I can buy a lower? Can I take a NICS to determine if I am eligible to buy a firearm before I order the Lower Receiver? Do I even need to take a NICS to purchase a Lower Receiver?

Try not to lambaste me about the convictions, I know I was an idiot. It's embarrassing to me, but I probably deserve the harsh criticism. Thanks guys, looking forward to the advice

M7025-06 · « **Reply #1 on:** June 23, 2013, 12:42:28 PM »

I'll answer what I can...

Go to the sheriff's office (whether Sarpy or Douglas) and apply for a firearm purchase permit. If you pass that, you should be good to go on purchasing a lower receiver. As far as I know, you not required to register a long gun in Nebraska...even within Omaha city limits.

Hope this helps.

introV · « **Reply #2 on:** June 23, 2013, 12:50:17 PM »

Hey there, thanks for the quick reply.

Also thanks for the sound advice! If I owned a fully built, firing AR-15, I don't have to register it?

But I do have to have a purchase permit to get it, that makes sense. So say I got the permit, bought a working AR-15, I wouldn't have to do anything more from there? Would I need to carry that purchase permit around? Say I got pulled over with the rifle in my trunk (in a case, unloaded), on my way to a shooting range, would I need to provide any certain documentation of the purchase permit or anything? Sorry if I'm being redundant, I feel like I'm missing something haha.. I don't wanna get hauled off to jail or anything haha

The sheriff's office is like 1 mile away, so I'll try to get one of those permits tomorrow!

M7025-06 · « **Reply #3 on:** June 23, 2013, 01:23:05 PM »

Having the purchase permit makes the whole process a little smoother. Whoever does your transfer won't have to run the background check...it's already done.

As far as registration goes...Nebraska does not require a gun owner to register their firearms. The City of Omaha requires residents to register their handguns (which is crap if you ask me).

As long as you're not a convicted felon, carrying an AR in your vehicle is not a problem. Keep in it's case and you're fine.

AAllen · « **Reply #4 on:** June 23, 2013, 01:45:47 PM »

The purchase permit is only required for handguns, but it would be getting the background check done before you order a lower so if you have any concerns it would save having the possible denial when the lower comes in. It is also accepted in place of having a NICS check done on firearms (long arms as well as handguns) so can save a little time and trouble at the gun store.

introV · « **Reply #5 on:** June 23, 2013, 02:19:56 PM »

Awesome guys, thank you all! I can't believe people don't need to register long rifles haha. Hopefully I clear the background check, I'm having my doubts that I'll pass. But atleast I'll know for sure and won't have to waste time inquiring about a transfer and finding out after ordering the receiver, etc

A couple more questions.. just to have a better understanding of the law, and because this non-registering of rifles really blows my mind..

What laws are in place to stop people from being gifted a rifle from family? Say I had a Gun Nut Dad who gave me a long rifle as a gift. I don't need to register it, and apparently it's within law to give immediate relatives guns.

How does a police officer determine if someone carrying a rifle is allowed to do so? For instance, say a non-felon failed a NICS check, but still acquired a rifle somehow. They get pulled over with the rifle. They tell the officer they have a rifle... The officer just lets them go scott free? Even though they couldn't pass a NICS to purchase said rifle?

Again, I'm half extremely surprised, half fearful because it seems either I'm missing something there or there is a serious flaw/loophole in the system.

FarmerRick · « **Reply #6 on:** June 23, 2013, 02:24:48 PM »

A Nebraska Handgun Purchase permit(now being called a Firearms Purchase permit by the State

) is required to purchase a stripped AR15 lower receiver because that receiver could be used to build an AR15 pistol, and will be transferred as an "Other Firearm" on the 4473 form.

what purpose do you think that the "registering of long rifles" would serve?

introV · « **Reply #7 on:** June 23, 2013, 02:32:24 PM »

Quote from: FarmerRick on June 23, 2013, 02:24:48 PM

A Nebraska Handgun Purchase permit(now being called a Firearms Purchase permit by the State ) is required to purchase a stripped AR15 lower receiver because that receiver could be used to build an AR15 pistol, and will be transferred as an "Other Firearm" on the 4473 form.

If it was a complete lower, or say a complete rifle. I still ned the Firearms Purchase Permit right? They would just mark it down differently on the 4473? In other words, it's neither here nor there to me? Or do I need to do certain things after purchasing a stripped lower cuz they marked it as Other Firearm? Sorry, just clearing things up.

Also what if a family member gifted me a gun? Seems kind of loophole-ish

And finally, say I failed a NICS. If I joined the military, would I have my ability to purchas firearms reinstated?

The purpose of registering one? I don't know. I figured an AR-15 would need to be put on some kind of registry ahaha

FarmerRick · « **Reply #8 on:** June 23, 2013, 02:34:27 PM »

Quote from: introV on June 23, 2013, 02:32:24 PM

If it was a complete lower, or say a complete rifle. I still ned the Firearms Purchase Permit right?

No. The selling dealer would then call in a NICS check to do an "instant" background check, which can take anywhere from 2 minutes to 3 days.

introV · « **Reply #9 on:** June 23, 2013, 02:36:09 PM »

Quote from: FarmerRick on June 23, 2013, 02:34:27 PM

No. The selling dealer would then call in a NICS check to do an "instant" background check, which can take anywhere from 2 minutes to 3 days.

Ah duh, I knew that.. sorry.. I just got too focused on the permit thing because that's the route I'm going to take. If it doesn't work, then I'll man up and wait till 10 years have passed since conviction before I try again. Ignore my confusion. Got any insight on my other questions?

Such as;

if a non-violent non-felon joins the military, does that override a failed NICS check?

and the more concerning/alarming questions.. (these are secondary, but I would like to know the answer just because it's so mind blowing)

how does a police officer determine if a non-felon is within the law to own a rifle?
what laws are in place to prevent family from gifting a NICS-failed non-felon a rifle?

bullit · « **Reply #10 on:** June 23, 2013, 06:36:19 PM »

Or you could run for President and forget about it.....

introV · « **Reply #11 on:** June 23, 2013, 06:43:04 PM »

Quote from: bullit on June 23, 2013, 06:36:19 PM

Or you could run for President and forget about it.....

I'm not sure I follow : P

introV · « **Reply #12 on:** June 23, 2013, 08:41:26 PM »

I figured out the answer to one of my concerns... can't give someone a gun unless you're sure they are within the law to possess/own it.

Last question/concern.. just wanna know outta curiosity; How does a police officer determine if you are within the law to possess/own a gun?

camus · « **Reply #13 on:** June 23, 2013, 10:30:29 PM »

Quote from: introV on June 23, 2013, 06:43:04 PM

I'm not sure I follow : P

Smoking dope is okay if you want to be president, big no-no if want to own firearms???

I really don't know what transgressions would deny a Purchase Permit. That is good information FarmerRick, had no idea that is how a lower is handled.

introV · « **Reply #14 on:** June 23, 2013, 11:17:09 PM »

You guys are hilarious.

I'm going to go tomorrow morning and try to get my purchase permit. I'll let you guys know how it goes after work!

AWick · « **Reply #15 on:** June 24, 2013, 12:02:05 AM »

You have to be at least 21 to apply for the firearms (formerly handgun) purchase permit. This permit is required for handgun purchases and ar striped lowers as stated earlier.

A police officer checks you for being a felon and if there are any warrants out for your arrest. If you have a long rifle in a case unloaded in your trunk and you're not a felon or fugitive then you should be good. Also, if possession of a firearm was restricted as part of any probation, that needs to be considered too.

When applying for the purchase permit make sure you are truthful and open about your history. If what you tell them and what they find are different you could get in big trouble.

introV · « **Reply #16 on:** June 24, 2013, 12:14:02 AM »

Awick, thank you for the response. I suspected as much with the police officers.

Also thanks for the info about the permit. It's been a few years since I've been convicted, never went on probation or anything, almost 25 now.. so hopefully they give me a chance. Even if they turn me down and I have to wait a few years to try again; it was totally worth the insight. Wish me luck!

Lmbass14 · « **Reply #17 on:** June 24, 2013, 08:59:38 AM »

Good Luck intro. Keep us posted.

introV · « **Reply #18 on:** June 24, 2013, 12:15:31 PM »

Hey guys, appreciate the advice from all who posted. I thought i was going to be shunned around here cuz of my record.

Anyhow, i went to the sheriffs office this morning, got my permit no problem! Im very pleased

Lmbass14 · « **Reply #19 on:** June 24, 2013, 01:39:14 PM »

YEAAAAAAAAAA.

So whatever you did must not have been THAT bad. Anyway great to hear that you got the permit, so now you can buy that lower. If you need a really good FFL dealer, highly recommend Rod Moeller of R.L. Moeller Sporting Arms. He's a super nice guy to work with and is a sponsor of the boards. Also the VP of this great group of folks. He's located in La Vista.