NFOA MEMBERS FORUM
General Categories => Help! => Topic started by: warren209 on January 18, 2016, 04:45:09 AM
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What is the minimum age to buy a handgun from an individual in Nebraska? Is it a different age if buying from an FFL?
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21 all handhun purchases. 18 for long guns.
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21 to purchase, 18 to possess
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And adding just the tiniest bit of calibration:
>Active duty military personnel under 18.
>ROTC students under 18. (While on parade, I guess. Statute doesn't clearly say.)
>Under-18 Joovies receiving instruction from parents, guardians, and adult instructors (with express permission),
may all possess handguns in Nebraska. (Saying possess, not own.)
[But don't take an under-14 year-old pistol shooting in Iowa.]
sfg
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So I can officially "give" my kid a Ruger Mark III or Bearcat .22 at age 18 as a gift and be legal, but not before?
What's the direct quote in the law about juveniles "receiving instruction"? If he's riding around the pasture on a four wheeler looking for ground squirrels to shoot with my Bearcat in a holster on his hip, that's illegal because I'm not right there with him? But if he's standing beside me at a shooting range shooting it, that's ok?
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Here Are a Couple of Applicable Nebraska State Statutes:
First one pertains to requirements for an NE Firearms (Handgun) Purchase Permit>
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69-2403.
Sale, lease, rental, and transfer; certificate required; exceptions.
(1) Except as provided in this section and section 69-2409, a person shall not purchase, lease, rent, or receive transfer of a handgun until he or she has obtained a certificate in accordance with section 69-2404. Except as provided in this section and section 69-2409, a person shall not sell, lease, rent, or transfer a handgun to a person who has not obtained a certificate.
(2) The certificate shall not be required if:
(a) The person acquiring the handgun is a licensed firearms dealer under federal law;
(b) The handgun is an antique handgun;
(c) The person acquiring the handgun is authorized to do so on behalf of a law enforcement
agency;
(d) The transfer is a temporary transfer of a handgun and the transferee remains (i) in the line of sight of the transferor or (ii) within the premises of an established shooting facility;
(e) The transfer is between a person and his or her spouse, sibling, parent, child, aunt, uncle, niece, nephew, or grandparent;
(f) The person acquiring the handgun is a holder of a valid permit under the Concealed
Handgun Permit Act; or
(g) The person acquiring the handgun is a peace officer as defined in section 69-2429.
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This next one pertains to certain under-18 exceptions>
28-1204.
Unlawful possession of a handgun; exceptions; penalty.
(1) Any person under the age of eighteen years who possesses a handgun commits the offense of unlawful possession of a handgun.
(2) This section does not apply to the issuance of handguns to members of the armed forces of the United States, active or reserve, National Guard of this state, or Reserve Officers Training Corps, when on duty or training, or to the temporary loan of handguns for instruction under the immediate supervision of a parent or guardian or adult instructor.
(3) Unlawful possession of a handgun is a Class I misdemeanor.
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For further interpretation, an attorney is suggested.
sfg
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Thanks. That helps. The part about "instruction under the immediate supervision of a parent or guardian or adult instructor" is actually very clear.
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Yeah............I guess you gotta read the whole of the law to get a clear picture of what's legal and what's not.
For example, 69-2403(2)(e) seems to say that you can give a handgun to a close relative, but mentions no restrictions on age and waives the need for that relative to show a purchase permit. Implying perhaps that anyone of any age in that relationship category can actually own a handgun, including Joovies.
But then, 28-1204 says that you can only temporarily loan a firearm to non-military Joovies, closely related or not. And then, only when they are being closely supervised.
But if you take those same Joovies to your shooting club in Iowa, they must be 14 years old to shoot a handgun. I keep making that point as a memo to self. Once I took under-14 kids to Iowa for a pleasant afternoon of handgunnery. Which went very well, until I found out later about that age requirement when I finally got around to reading the Iowa state handgun statutes.
Constant awareness and effort are required just to be a law-abiding citizen.
sfg