NFOA MEMBERS FORUM
General Categories => Laws and Legislation => Topic started by: OTownPyro on November 11, 2017, 04:22:42 AM
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Last week I went to purchase my first firearm. The week before I had applied for, and been granted, my purchase permit. Purchased my gun at OGC on Friday and was given the 3 day delay. Went this last Thursday, as instructed, to the OPD HQ, and was denied my registration and forced to go get a refund. The guy behind the desk even admitted that, while I do have a background, there are no felonies or domestics. The manager at OGC had never heard of such a thing, and I can't find anything about it in my searches online. I passed the county background, passed the NICs background check, but some lone individual at the PD gets to decide I'm not worthy of my basic human rights?
Does anyone have any experience or knowledge about this? What recourse do I have to purchase a handgun? Anyone every seen or heard of this?
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Hello OTownPyro...
I would certainly like to look into this for you. Would you mind sending me a message with your contact information off the Forum?
Thank you,
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Get your concealed carry permit. Omaha can't enforce the registration if you have the state permit.
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One more reason to GET ACTIVE AND CALL YOUR SENATOR NEXT SESSION TO SUPPORT LB68.
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Get your concealed carry permit. Omaha can't enforce the registration if you have the state permit.
An excellent suggestion. With a CHP, you don't need a NICS check to buy a firearm and you don't have to lock up a handgun to transport it in your vehicle.
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An excellent suggestion. With a CHP, you don't need a NICS check to buy a firearm and you don't have to lock up a handgun to transport it in your vehicle.
This is exactly why I recommend every gun owner in Omaha city limits get a permit.
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Hello OTownPyro...
I would certainly like to look into this for you. Would you mind sending me a message with your contact information off the Forum?
Thank you,
Sent.
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Get your concealed carry permit. Omaha can't enforce the registration if you have the state permit.
That is part of the plan. Unfortunately, I come from Chicago originally, so I have very limited experience. Finances are also a little tough for us. I'll be honest, after renting a gun at OGC 2x, I am the first to admit I am far from ready to be carrying a firearm in public. We're still looking to get a CCW, but it will be some time before I can. In the meantime I am picking up a shotgun on Black Friday so my wife can at least have something in the house while I'm at work at night.
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“Finances are also a little tough for us.“
This is exactly why I oppose the fees that gun owners must pay to own and carry a gun. The fees prevent citizens from exercising their Constitutional 2nd amendment right. A poll tax is illegal for this very reason and so should fees to exercise your 2nd amendment right.
It is unconstitutional for states to not honor DL or marriage licenses so each state should have to honor CCW permits.
The inconsistency of our government drives me crazy.
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Well, Senator Carol Blood stated in a hearing this year that if you needed to choose between a gun permit and food on the table, you should choose food. Isn't it great that we have folks that can tell us what decisions we should make with our lives?
/sarcasm
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That is part of the plan. Unfortunately, I come from Chicago originally, so I have very limited experience. Finances are also a little tough for us. I'll be honest, after renting a gun at OGC 2x, I am the first to admit I am far from ready to be carrying a firearm in public. We're still looking to get a CCW, but it will be some time before I can. In the meantime I am picking up a shotgun on Black Friday so my wife can at least have something in the house while I'm at work at night.
Understood.
Best of luck to you. Keep your eye open on this forum and Facebook. You can probably find a CHP class in the $85 range if you keep an eye out.
The cost is, obviously, a liberal attempt to keep people from obtaining the permit. I've always wondered why, if you don't pass the background check, the state patrol refunds $85 (if that number isn't correct, please let me know)...shouldn't the permit cost around $15 then?
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Otownpyro- I moved here from NY and was denied ownership by OPD when they denied my registration. I appealed and at the appeal, OPD rep said they couldn't confirm I wasn't a felon because I wasn't from Omaha. At the appeal, I showed the 5 member panel my Permit to Purchase and was approved. You don't have a ton of time to appeal, better hurry. RJ btw I live in Florence, kinda North-North Omaha.
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Otownpyro- I moved here from NY and was denied ownership by OPD when they denied my registration. I appealed and at the appeal, OPD rep said they couldn't confirm I wasn't a felon because I wasn't from Omaha. At the appeal, I showed the 5 member panel my Permit to Purchase and was approved. You don't have a ton of time to appeal, better hurry. RJ btw I live in Florence, kinda North-North Omaha.
Good to know. I got a refund the same day from OGC and will be going back on Black Friday per a managers advice. That way I can get my wife a shotgun for when I'm at work then go through it all again for the appeal. How long was the appeal process for you?
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Both Omaha and Lincoln city governments are asinine at best. I'm a retired police officer and I wouldn't allow most city officials to mow my lawn, let alone decide if I can own a firearm or not... it is a "fact-based" decision... if you pass all federal background requirements as written in law, then you can own a firearm... these reprobates in Lincoln and Omaha leave it up to how they personally "feel" about it. SMH. :angry:
Sorry for the rant. I agree with others, get a CCW permit and avoid all the foolishness.
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Hey OTownPyro, please keep us updated. we are here to help in any way we can.
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With your state issued purchase permit you can buy a longgun, shotgun or rifle on the spot with no instant background check, same thing would go for buying a handgun from an individual anywhere in NE, or a firearms dealer out of the city limits of Omaha, but without the carry permit you are supposed to register the handgun you bought if you reside in the city limits once you bring the handgun into the city. Nothing is better than a shotgun for home defense.
I am not exactly sure what OPD can do when you try to register a handgun you already legally own into the city as the purchase has already happened and they could not stop the purchase. How can they deny registration of something one already legally owns? Others might know what happens in that situation.
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With your state issued purchase permit you can buy a longgun, shotgun or rifle on the spot with no instant background check, same thing would go for buying a handgun from an individual anywhere in NE, or a firearms dealer out of the city limits of Omaha, but without the carry permit you are supposed to register the handgun you bought if you reside in the city limits once you bring the handgun into the city. Nothing is better than a shotgun for home defense.
I am not exactly sure what OPD can do when you try to register a handgun you already legally own into the city as the purchase has already happened and they could not stop the purchase. How can they deny registration of something one already legally owns? Others might know what happens in that situation.
Yes, they can and they do. They will either keep the gun or release it to someone they deem appropriate (back to the seller? Surrendered to a dealer?). They deny registration for factors that exceed state and federal prohibiting factors. They deny registration to anyone with a past citation for marijuana. They also deny to anyone the "suspect" has "an association" with a gang member. Your cousin running with the wrong crowd? Screw you, no gun for you. Over half of all denials by OPD are overturned on appeal. I have no idea how many are appealed. So it's possible that only 60 percent are appealed and with 50 percent of denials being overturned, that would be a very high percentage overturned. I believe they count on many folks not appealing their decision.
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Not much update as of now, but we have a plan in place. Black Friday we will be purchasing a shotgun, as well as the handgun I had wanted. I'll go to register, and probably get denied. If I don't get denied, I'll work straight for my CCW and hold off any purchases until then. If I get denied, I will immediately appeal. If the appeal goes through, same thing, go straight for CCW to bypass all the illegal nonsense from OPD. If I get denied again, my friend will come with me and I can use his firearm to get my CCW, then bypass the illegal nonsense. In the mean time, I will have a 12g to keep the house safe while I'm at work.
It's a hassle, but I actually believe in my Creator endowed rights and have no intention of letting anti-American individuals remove that from me.
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Not much update as of now, but we have a plan in place. Black Friday we will be purchasing a shotgun, as well as the handgun I had wanted. I'll go to register, and probably get denied. If I don't get denied, I'll work straight for my CCW and hold off any purchases until then. If I get denied, I will immediately appeal. If the appeal goes through, same thing, go straight for CCW to bypass all the illegal nonsense from OPD. If I get denied again, my friend will come with me and I can use his firearm to get my CCW, then bypass the illegal nonsense. In the mean time, I will have a 12g to keep the house safe while I'm at work.
It's a hassle, but I actually believe in my Creator endowed rights and have no intention of letting anti-American individuals remove that from me.
Wow! Just wow. Well.....Good Luck
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David Hineline, et.al.
I am not exactly sure what OPD can do when you try to register a handgun you already legally own into the city as the purchase has already happened and they could not stop the purchase. How can they deny registration of something one already legally owns? Others might know what happens in that situation.
I maintain both NE CHP and Omaha Handgun Identification Card state and city permits. And live within Omaha city limits. Nevertheless, for reasons which are abhorrent to some of the strong 2A Folks on this Forum, I still choose to register my handguns with the Omaha Police Department. Registration for NE CHP holders is free, waiving the $15/gun registration fee, but such is not my reason.
Anyhow, I took a handgun that I had owned for some time to OPD at 15th and Howard for registration. Counter Guy, not a cop, started asking me a line of aggressive questions about where I had originally purchased the handgun, how long I had owned it, why I wanted to have it, why I wanted to register it if I didn't have to do so, blah, blah, blah.
I told him that these questions are not part of the statutory Omaha MuniCode and that we should proceed with the registration of the handgun. He then gave off some strong negative vibrations and some sour expressions, but he did indeed proceed to register the handgun. Such was my experience. A lot depends on who is working the counter when you go in to OPD Headquarters. I've found the female clerks to have much more good sense and customer orientation than the men. And bureaucratic power tripping is a common human failing: a strong argument against the administrative state.
Always good to have written documentation of your ownership of the firearm. In the above case, I did not. And often do not, being rather sloppy on firearm records. Too much fun to get the gun and start messing with it first.
FWIW,
sfg
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David Hineline, et.al.
Always good to have written documentation of your ownership of the firearm. In the above case, I did not. And often do not, being rather sloppy on firearm records. Too much fun to get the gun and start messing with it first.
l carry a copy of the receipt for my EDC handgun with my permit. Questioning ownership is a pretty common ploy used by LEOs to confiscate your handgun during a stop. Producing proof of ownership on the spot could save you a court appearance and legal fees to recover your property and it is a very easy way to avoid shenanigans
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God I am glad I don't go to Omaha anymore. Only two incident with Law Enforcement, once with State Patrol on a headlight, registration, honk your horn check. No problem, Told trooper I was licensed, I was carrying. He asked what I was carrying, I told him, he said "good little pistol". I asked if he needed to see it, he said: "what in the heck for, its in your holster isn't it" I said yes, and he said have a good day. The other incident was when a lady ran a stop sign and clobbered us in the intersection. Lancaster Deputy Sheriff arrived on scene, I told him I was licensed and carrying, he said: "good deal" " I'll give you a copy of the report after I'm finished. Never wanted to see the weapon or was concerned.
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DanW, et.al:
Producing proof of ownership on the spot could save you a court appearance and legal fees to recover your property and it is a very easy way to avoid shenanigans.
Perzackly and Precisely One of the Reasons Why I Register Handguns w/OPD, even though holding NE CHP:
Registration provides Irrefuteable Official Proof of Ownership, Available by Immediate Electronic Inquiry to LEOs.
And you can't lose it. In fact, you can't hardly ever get rid of it.
My list of handguns registered to OPD over the years stretches from here to Scottsbluff. The vast majority of these handguns have long, long ago moved on to other owners. Many of them are members of this very Forum. Today I only have a small inventory of the shoddier brands. [Yes: Jiminez JA-22. Sorry.]
Now: OPD only removes handguns from a registered owner's list when that same handgun is registered to an entirely different owner's list.
I wonder if the Mainstream Media Folks have all the difficulties with the First Amendment that we Honest, Law-Abiding, and Nice-Looking Gun Owners have with the Second Amendment........? They should. Their Amendment is far more dangerous to Some Folks than ours.
Just Sayin'..........
sfg
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DanW, et.al:
Perzackly and Precisely One of the Reasons Why I Register Handguns w/OPD, even though holding NE CHP:
Registration provides Irrefuteable Official Proof of Ownership, Available by Immediate Electronic Inquiry to LEOs.
Registration has always eventually led to confiscation... a receipt, not so much
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Registration has always eventually led to confiscation... a receipt, not so much
Yes. The relevant factors involved here have been carefully weighed and considered.
Here's the Analysis:
[Very Low $ Value of My Guns] X P[Confiscation] = Not Much Money
Plus...advance hints of confiscation are usually apparent: record weather emergency, political upheaval, or Hillary Clinton spotted deplaning at Eppley Airport.
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In which case, there's a Forum Member around here who famously puts all his guns in his Tippy Canoe each time he goes fishing. In the event of impending concern, I plan to go fishing with him, guns and all.
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:P
sfg
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A lot depends on who is working the counter when you go in to OPD Headquarters.
This is most definitely true. Last gun I registered (there's only 2 of them, and I couldn't remember procedure from the first one). Had to go at 11 at night, don't remember reason why, just remember if I didn't do it at 11, it would be a long time before I could register it.
Put the gun in the trunk of my car, went down there. Felt a little anxious about bringing an unloaded, cased gun into police headquarters, so I called, asked if they needed the gun. Guy on the phone says no. Walked in, talked to the counter guy, essentially got called ignorant because I didn't bring the gun in. Informed him I had literally just called before getting out of my car to walk in and been told I didn't need to bring it in. Thankfully, one of the other three guys behind the counter kind of sheepishly raised his hand and said he told me that.
Walked out, got the gun, came in, and proceeded to get grilled about why I was in there at 11 at night to register it. My smart ass response was something like "well, because I can."
Definitely wasn't a positive experience.
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Definitely wasn't a positive experience.
Our Government at Work.
Whenever I've been asked "Why do you want to own this gun?", my response is always:
BECAUSE I WISH TO.
sfg
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I had to register my first pistol, a 1911 in 1973 , and that was the last one,
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DanW, et.al:
Perzackly and Precisely One of the Reasons Why I Register Handguns w/OPD, even though holding NE CHP:
Registration provides Irrefuteable Official Proof of Ownership, Available by Immediate Electronic Inquiry to LEOs.
And you can't lose it. In fact, you can't hardly ever get rid of it.
...<snip>...
That reminds me. I've been looking for an answer on this for a couple of years. If you've registered and moved are you supposed to re-register a concealable firearm with the city of Omaha?
I called downtown on two different occasions and got two different answers. Does anyone know? It's been awhile since I read back through the municode, but the language seemed a bit ambiguous so I called trying to get clarification.
EDIT: Nevermind, I think I found the answer to my question: https://library.municode.com/ne/omaha/codes/code_of_ordinances?nodeId=PTIIMUCO_CH20OF_ARTVIIWE_DIV2FIRE_S20-257RE
Sec. 20-257. - Revocation.
A firearm registration may be revoked when:
(a) The applicant or registrant fails to hold all of the qualifications set forth in section 20-253 of the Omaha Municipal Code; or (b) The information furnished on the application for a firearm registration was false or misleading or no longer continues to be true.
Lame...say someone has 10 handguns and moves, that's $150. Might as well get the CCW permit and thumb one's nose at Omaha.
Registration has always eventually led to confiscation... a receipt, not so much
That's why I have some firearms that are registered with Omaha. Then I have others which were private sale and reside somewhere else and will never set foot in the city.
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If a gun is transferred to a new owner through an Omaha dealer, does that dealer register the gun with the city, and does that meet the requirement that a gun in the possession of a non-permit holder be registered with the city, or must the gun be literally brought into the police station?
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If a gun is transferred to a new owner through an Omaha dealer, does that dealer register the gun with the city, and does that meet the requirement that a gun in the possession of a non-permit holder be registered with the city, or must the gun be literally brought into the police station?
haven't bought in Omaha, but looked at Sol's a couple of times, thought I saw something I wanted, so talked with the guy behind the counter (so take this with a huge grain of salt, I'm trying to remember a conversation with someone from about 10 years ago). What I remember being told was that they would take my money, give me a receipt with the info on it, which I would then take to headquarters to register the weapon with. They would give me the gun when I returned with the magical piece of paper issued by Omaha.
Part of the reason that I've never bought a gun inside Omaha city limits through a dealer. Didn't feel like making multiple trips to the store to get something I had bought.
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What Hilowe relayed is correct. To expand, if you bought the gun from a dealer inside Omaha city limits, you must take the little paper form from the dealer to OPD to register and then return to the dealer to pick up the handgun after registering it. If you purchase from a dealer outside of Omaha city limits, they will not accept that form and you must take the handgun down to OPD headquarters to register it. I know first hand they will not accept that form from a dealer outside of Omaha.
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What Hilowe relayed is correct. To expand, if you bought the gun from a dealer inside Omaha city limits, you must take the little paper form from the dealer to OPD to register and then return to the dealer to pick up the handgun after registering it. If you purchase from a dealer outside of Omaha city limits, they will not accept that form and you must take the handgun down to OPD headquarters to register it. I know first hand they will not accept that form from a dealer outside of Omaha.
Ain't life grand in Nebraska? Good life? Not 2nd amendment wise. LB 68 isn't perfect, but we need to support it vigorously, Hint, Hint................... Might need more to show up to testify. or just sign in. We're going to need all the help we can get.
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So just to be clear, I could transfer a handgun to a person through an Omaha dealer, and that dealer would give the person a receipt, and he could take that receipt to OPD and not have to bring the handgun in to get it registered; is this correct?
I'l be happy to testify on LB 68 when the time comes. I had planned on just moving to another state, but decided to stay here because I have family here. But I will be moving out of Omaha.
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You are correct:
The transferee would first take the bill of sale/transfer paperwork w/handgun info on it:
Manufacturer
Model
Caliber
Serial Number
Finish/Color
Barrel Length
to the Omaha Police Department, 15th and Howard Streets. Parking in front and across street; some is metered. Take quarters. Don't park in Police or Press parking spots.
Handgun must be unloaded (no ammo anywhere) and in a carrying case that is not concealable, according to the OPD website instructions. Although they do typically accept standard handgun rugs and plastic cases. Better to leave magazines home; clearing process is easier.
Go in front door and up to window. The guys behind the glass will instruct you from that point.
You'll have a short form to fill out and sign w/typical questions. Cost is $15/gun, unless you show CHP; then it's free. Take cash. Can register up to three (3) guns per visit, No More. Guns will be handed over to OPD Clerk through bottom part of glass window. Small guns fit better.
Take your driver's license and NE State Issued Blue Firearms (Handgun) Purchase Permit for ID. Or CHP if you want free registration.
You will receive a signed, printed cardboard tab registration receipt, about 1-1/2" X 5". GUESS WOT.....! That tab receipt is supposed to be with the handgun at all times, carried in your wallet.
The whole process is relatively painless, except for the sheer indignity of having to register a handgun that is "protected" by the 2nd Amendment. Some protection.
That's about it. Just did it yesterday.
sfg
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Ditto to what SemperFiGuy says. The few handguns I keep in Omaha were bought out of town, and that's how I had to register them.
I think I'm done with that lunacy though, I moved recently and now I'll just get the CCW permit at this point...which I still think is stupid that we need it. I'm more free wandering around when in KS or AZ.
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So just to be clear, I could transfer a handgun to a person through an Omaha dealer, and that dealer would give the person a receipt, and he could take that receipt to OPD and not have to bring the handgun in to get it registered; is this correct?
I'l be happy to testify on LB 68 when the time comes. I had planned on just moving to another state, but decided to stay here because I have family here. But I will be moving out of Omaha.
Since LB-68 is out of committee and will be debated on the floor in the upcoming session of the Unicameral, the best way to share would be for you to share your testimony with us. We will then provide your story to Senator Mike Hilgers (or feel totally free to share it directly with him). He is leading the LB-68 bill and was able to share stories we collected by those effected by these inane city ordinances during the debate. They were powerful because so often our elected 'leaders' attempt to state that these small infringements are not so big a deal for the law abiding to deal with when compared to the "awesome crime reducing' impact they have on those who are not law abiding... because you know... those non-law abiding folks will obviously choose this one ordinance or another to comply with and give up on their criminal life style as a result.
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because you know... those non-law abiding folks will obviously choose this one ordinance or another to comply with and give up on their criminal life style as a result.
That made me Laugh :laugh:
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update?
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update?
We are waiting for this to come up on the agenda for 2nd round debate. Because it is early in the session the speaker is scheduling a lot of carry over bills for from last year that have not had 1st round debate yet. Once all new bills have been introduced, directed to committee and some bills start coming out of committee they should start scheduling more bills ready for 2nd round debate.