NFOA MEMBERS FORUM
General Categories => General Firearm Discussion => Topic started by: wrenrj1 on December 29, 2009, 07:44:33 PM
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I know Omaha's process if a gun is bought in Omaha (i.e must carry their little card plus your ccw permit) but what's their process for registering a handgun that's not purchased in the city limits for CCW purposes for those of us who don't live in Omaha? I'd like to have one firearm that's registered for CCW purposes in Omaha.
Can this be done by mail etc. I'm sure they prefer you don't show up with said firearm at OPD...
Wren
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As I understand it , the recently passed law eliminates the requirement for Concealed Handgun Permit holders to register their handguns in Omaha.
If you are a resident of Omaha, that might be argued to require the card, but if you are not an Omaha resident and have a permit, that is all you need.
Do you know what IANAL means ? I have not and will not register in Omaha...
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Do you know what IANAL means ? I have not and will not register in Omaha...
Now that makes perfect sense... way to go dan-o
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Actually, the process is to show up at OPD with the gun! I thought it was odd, and I'll tell you I was nervous walking in the front door with a gun. But that's how it's done. Make sure it's in a locked case and unloaded. I didn't even take any mags with me. When she asked for the weapon, I unlocked the case in front of her, opened the slide & locked it open and slid it under the glass to her. It was all painles, but as I said, a little wierd.
Since you don't live in Omaha this is all moot, since you don't have to register your gun. I live in the city.
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Since you don't live in Omaha this is all moot, since you don't have to register your gun. I live in the city.
Actually if you carry it in the city (whether you live there or not) Omaha requires it to be registered.
Before anybody starts attacking my post........... I don't agree with this at all, but it was what Omaha believes. So unless you want to volunteer to be the test case with them...... register the gun.
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Chris not disagreeing with you but has someone out out a statement since the preemption of local laws for CCW that I have missed. This is exactly one of the things preemption was about. Trying for more facts so we can work on getting the issue cleared up before there needs to be a test case.
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I had a conversation with Marty Conboy after the new law passed and he seems to still believe registration is required for ccw permit holders
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I nominate Huskergun to be the test case. We need to get this going asap.
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Second. ;)
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OK I have Husker doing other things, and besides that we need someone from outside Omaha. Rat what you doing for the next 3 to 5....
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Just for grins or further education:
In the United States, we are all governed by the ?Rule of Law.? Most laws have annotations to amendments.
As an example, the 2nd Amendment to the U.S. Constitution has many Annotations (not listed).
Amendment II
A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
The Nebraska Constitution has many ?Annotations.? Annotations help further define what the words mean or what is legal.
I-1. Statement of rights. (from the NE Constitution). All persons are by nature free and independent, and have certain inherent and inalienable rights; among these are life, liberty, the pursuit of happiness, and the right to keep and bear arms for security or defense of self, family, home, and others, and for lawful common defense, hunting, recreational use, and all other lawful purposes, and such rights shall not be denied or infringed by the state or any subdivision thereof. To secure these rights, and the protection of property, governments are instituted among people, deriving their just powers from the consent of the governed.
Annotation 4 to the NE Constitution?s ?Statement of rights.? The third or last bullet point opens the door to either side (pro or con), where it states, ?is subject to reasonable regulation by statute.? Now what we pro-gunners call ?reasonable regulation? and what anti-gunners call ?reasonable regulation,? are on the opposite sides of the fence (my opinion). I?ve always personally felt that anti-gunners never finished reading the rest of the sentence or point.
Annotation 4. Right to bear arms
? The "Right to Bear Arms" amendment to this provision does not abolish the death penalty in Nebraska. Anderson v. Gunter, 235 Neb. 560, 456 N.W.2d 286 (1990).
? Section 28-1203(1) is not vitiated by the "Right to Bear Arms" amendment of 1988, is a valid exercise of the State's police power in reasonable regulation of certain firearms, and does not contravene this provision. State v. LaChapelle, 234 Neb. 458, 451 N.W.2d 689 (1990).
? The constitutional right to keep and bear arms is subject to reasonable regulation by statute if the statute does not frustrate the guarantee of the constitutional provision. State v. Comeau, 233 Neb. 907, 448 N.W.2d 595 (1989).
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I'll do it. Get me a really good lawyer and we'll see Conboy in court.
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I'll do it. Get me a really good lawyer and we'll see Conboy in court.
WooooHooooo!! the gun grabbers are going to have a party now!!!!!
(http://i135.photobucket.com/albums/q138/FarmerRick/arfcom/demconvention.gif)
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WTH is that supposed to mean?
Smart a$s
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Chris not disagreeing with you but has someone out out a statement since the preemption of local laws for CCW that I have missed. This is exactly one of the things preemption was about. Trying for more facts so we can work on getting the issue cleared up before there needs to be a test case.
This is what I thought, too. But a lot of times what "they" believe is more relevant than what's actually on paper.
In reality, it doesn't really matter to me because as I said, I live in Omaha. Sorry if I gave any misinformation.
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http://www.cityofomaha.org/cityclerk/images/stories/agenda/ID%2009_07_14/Law/564b.pdf (http://www.cityofomaha.org/cityclerk/images/stories/agenda/ID%2009_07_14/Law/564b.pdf)
From the last paragraph of a memo from Marty Conboy to Chuck Sigerson on July 10, 2009:
"The result of the enactment of LB430 is therefore significant for those holding a state concealed carry permit, because they are now free from Omaha restriction of their state granted rights. The new law does not, however, have any effect on the power of the City of Omaha to enact or enforce ordinances dealing with concealable handguns for those not possessing a state concealed carry permit."
Clear as mud now?
??? ??? ???
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State granted rights?
The law, as written, has total effect on the power of the City of Omaha. The only problem is attitude, and money. Both of which the city of Omaha has more of. I still think they would lose in court, but the defendant would lose more since most attorneys would try to settle rather than take the time to fight city hall.
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Chris Zeeb,
I am interested in your feedback after you read Farmer Rick's link. Sounds different that what Conboy has told you i.e. contradicts his own words to you.
The link as I read it is exactly what LB430 was to accomplish....a NON-resident of Omaha WITH a CHP is NOT subject to Omaha's ordinance on concealed handguns. Should Conboy be reminded of this memo?
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Thanks for the link to this letter. This will give me ammo to correct OPD on what they are telling people.
The memo is dated after my conversations with Marty. Seems he just never gave me this type of response two month prior
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Might not have to worry about it anyway... http://www.nebraskafirepower.com/forum/index.php?topic=1724.0 (http://www.nebraskafirepower.com/forum/index.php?topic=1724.0)
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So if I read this correctly, even though I live in Omaha I will no longer have to register my handguns? Can I unregister the ones I already have?
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We have to get the bill to pass first.