NFOA MEMBERS FORUM

General Categories => Laws and Legislation => Topic started by: Bill on December 13, 2013, 02:59:36 PM

Title: Saw something odd on the Lancaster Sheriff page today
Post by: Bill on December 13, 2013, 02:59:36 PM
So I was looking at the Sheriff page because I need to get my purchase card again.  (JMO but I think the process for the card is ripe for an "undue burden" lawsuit since you have to go there in person to even get the form.)

And I see this: City of Lincoln Online Gun Registration (Report the sale of a gun) http://cjis.lincoln.ne.gov/~lpd/gunreg/ (http://cjis.lincoln.ne.gov/~lpd/gunreg/)

Since when does the City of Lincoln have a gun registration law?  If it doesn't have a law, why is this here? 
Title: Re: Saw something odd on the Lancaster Sheriff page today
Post by: gsd on December 13, 2013, 03:05:57 PM
taken from: http://lincoln.ne.gov/city/attorn/lmc/ti09/ch936.pdf (http://lincoln.ne.gov/city/attorn/lmc/ti09/ch936.pdf)

9.36.030 Report of Sale of Firearms.
Any person, firm, association, or corporation dealing in firearms of any type shall, on the
same day of the sale of any firearm, except a shotgun or a rifle of a type commonly used for hunting,
report the sale to the Police Department on forms as prescribed and furnished by the Police
Department. The report shall contain all the information requested thereon. (Ord. 15625 §3; July
9, 1990: P.C. §9.28.025: Ord. 15443 §1; February 20, 1990: prior Ord. 7936 §1; December 26,
1962).
Title: Re: Saw something odd on the Lancaster Sheriff page today
Post by: Bill on December 13, 2013, 03:14:57 PM
I guess you learn something every day.  Another reason I wish I didn't live in Lincoln.

That ordinance doesn't seem to apply to private sales, but the online form has an option for "private sale". 

I know I'm looking at it wrong, but what possible purpose does this serve other than waste police resources?
Title: Re: Saw something odd on the Lancaster Sheriff page today
Post by: FarmerRick on December 13, 2013, 03:21:29 PM
I guess you learn something every day.  Another reason I wish I didn't live in Lincoln.

That ordinance doesn't seem to apply to private sales, but the online form has an option for "private sale". 

I know I'm looking at it wrong, but what possible purpose does this serve other than waste police resources?

Police: "We just want to know who has guns."

Title: Re: Saw something odd on the Lancaster Sheriff page today
Post by: AAllen on December 13, 2013, 03:45:41 PM
Well Bill, remember that Ordinance that a person with 2 DUI's or just one count of obstructing the government (and a lot of other major ::) crimes) can not posses a firearm, well they go through the lists (and check them twice) so they can come out and arrest those people and confiscate their guns.
Title: Re: Saw something odd on the Lancaster Sheriff page today
Post by: Dan W on December 13, 2013, 07:07:26 PM
Quote
That ordinance doesn't seem to apply to private sales, but the online form has an option for "private sale". 

Not so fast...I think LPD thinks it applies to
Quote
Any person,
But, Preemption makes the registration a moot point for Lincoln CHP holders, and the former LPD Chief admitted the same, and that CHP holders will not be required to sign or submit a registration of sale
Title: Re: Saw something odd on the Lancaster Sheriff page today
Post by: NE Bull on December 14, 2013, 05:47:49 AM
I guess you learn something every day.  Another reason I wish I didn't live in Lincoln.

That ordinance doesn't seem to apply to private sales, but the online form has an option for "private sale". 

I know I'm looking at it wrong, but what possible purpose does this serve other than waste police resources?

The "purpose" is the same as Omaha's Registration- they want to know who to return the firearm to should it be stolen from you- Like LPD could ever find anything stolen (they wouldn't even file a report when my pickup got broke into and a bunch of tools such were stolen! )  and like you would ever get it back if they did find it.
Title: Re: Saw something odd on the Lancaster Sheriff page today
Post by: lunchbox on December 14, 2013, 02:42:47 PM
So does this only apply if the said handgun was actually purchased/sold in lancaster county? If I was a resident in Lincoln (which I am not) Could I go outside of lancaster county to purchase and not have to register it?
Title: Re: Saw something odd on the Lancaster Sheriff page today
Post by: Dan W on December 14, 2013, 03:06:31 PM
http://lancaster.ne.gov/sheriff/admin/handguns.htm (http://lancaster.ne.gov/sheriff/admin/handguns.htm)

County sales reports are not required, only inside Lincoln city limits
Title: Re: Saw something odd on the Lancaster Sheriff page today
Post by: Dave67h on December 16, 2013, 10:46:37 AM
If only I hadn't lost all my guns in that tragic canoeing accident  ::)
Title: Re: Saw something odd on the Lancaster Sheriff page today
Post by: depserv on December 16, 2013, 03:04:27 PM
Registration lists have been used by corrupt governments to disarm citizens.  Remember after Hurricane Katrina corrupt government officials issued a general disarmament order, that was carried out by government thugs.  I have little doubt that in a similar situation the traitor Beutler would issue a similar order, and his dog Peschong would carry it out.  This would be an illegal act, but I doubt they'd let that get in their way.  No matter what these liars might say, this is the purpose of registration. 
Title: Re: Saw something odd on the Lancaster Sheriff page today
Post by: LawyerJan on April 09, 2014, 04:04:57 PM
By the way speaking of Lincoln (okay so I'll admit I'm not a frequent forum reader), those of you who are from or in Lincoln, need to be aware that even though you may be legal to purchase and own a firearm, and may hold a Concealed Handgun Permit, doing so in Lincoln may be unlawful. 

Please read Lincoln Municipal Code 9.36.100 (http://lincoln.ne.gov/city/attorn/lmc/ti09/ch936.pdf (http://lincoln.ne.gov/city/attorn/lmc/ti09/ch936.pdf)).  If you were convicted within the last 10 years of a long list of various crimes including Public Indecency and Indecent Exposure you cannot be in possession of a firearm in Lincoln.   

This ordinance is not some old antiquated, obscure law, (though parts of it date back to 1956), it was amended as recently as 2006.  Hmmm, did that coincide with Nebraska's Concealed Carry law debate?
Title: Re: Saw something odd on the Lancaster Sheriff page today
Post by: JTH on April 09, 2014, 04:53:08 PM
By the way speaking of Lincoln (okay so I'll admit I'm not a frequent forum reader), those of you who are from or in Lincoln, need to be aware that even though you may be legal to purchase and own a firearm, and may hold a Concealed Handgun Permit, doing so in Lincoln may be unlawful. 

Please read Lincoln Municipal Code 9.36.100 (http://lincoln.ne.gov/city/attorn/lmc/ti09/ch936.pdf (http://lincoln.ne.gov/city/attorn/lmc/ti09/ch936.pdf)).  If you were convicted within the last 10 years of a long list of various crimes including Public Indecency and Indecent Exposure you cannot be in possession of a firearm in Lincoln.   

This ordinance is not some old antiquated, obscure law, (though parts of it date back to 1956), it was amended as recently as 2006.  Hmmm, did that coincide with Nebraska's Concealed Carry law debate?

With the state pre-emption law regarding concealed carry permit holders, oddly enough, this local ordinance actually has no power over CCW holders with regard to the ownership, possession, or carrying of their concealed firearms.

If you DON'T have a CCW, then yes, this stupid ordinance that doesn't match anywhere else in the state, isn't checked by gun shops (because they can't, and the LPD knows it) and that won't actually ever get used except as an added criminal count if the LPD is trying to arrest you for something---this stupid ordinance does apply.
Title: Re: Saw something odd on the Lancaster Sheriff page today
Post by: tstuart34 on April 09, 2014, 04:53:09 PM
Public Indecency and Indecent Exposure isn't that fall under the sex offender. Doesn't this put you out of the running for a CHP could you get a purchase permit with these violations? Sorry Jan maybe you can...
Title: Re: Saw something odd on the Lancaster Sheriff page today
Post by: LawyerJan on April 11, 2014, 03:11:30 PM
With the state pre-emption law regarding concealed carry permit holders, oddly enough, this local ordinance actually has no power over CCW holders with regard to the ownership, possession, or carrying of their concealed firearms.

If you DON'T have a CCW, then yes, this stupid ordinance that doesn't match anywhere else in the state, isn't checked by gun shops (because they can't, and the LPD knows it) and that won't actually ever get used except as an added criminal count if the LPD is trying to arrest you for something---this stupid ordinance does apply.

Correct, probably doesn't apply to CCW holders, but those of you few NFOA members who do not yet have their CHP/CCW permit (another reason to get one) heads up.  The client we represent was driving home having just purchased his new .45 he was proud to have his purchase permit.  He may not be eligible for a CCW because of his past convictions. 

But note the ridiculous list of crimes which may cause trouble.  Okay murderers maybe, but flashers?