NFOA MEMBERS FORUM
General Categories => Laws and Legislation => Topic started by: husker3in4 on November 21, 2014, 09:28:26 AM
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I would be buying it from a private party, not a retail store.
also, if I decide to purchase from out of state, does that change things?
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In Nebraska, you need a Firearm Purchase Certificate to:
Purchase, Rent, Lease, or Receive Transfer of a Handgun
It does not matter if that is from a dealer or private party.
It cost $5 to apply the county sheriff office for your county or residence. The permit is good for 3 years. It also acts as a background check when purchasing from a dealer.
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Out of state... you may only take possession of long guns in person outside of your state of residence. You can purchase outside the state, but may only receive (take possession) of handguns in your state of residence.
I've had lots of customers find a handgun they want to purchase while travelling out of state. They purchase the gun and then have it shipped to me for transfer.
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If you purchase a handgun out of state it must be shipped to an FFL in your state of residence. Long guns are no problem.
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Long guns are no problem.
Provided the transfer is legal in BOTH jurisdictions, in other words, if its not legal in your home state, you would not be able to complete the purchase in any other state
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Thanks for the information guys.
So I need to buy a handgun permit from the Sherriffs office to take possession of the handgun.
I know there is a difference between Sarpy and Douglas county.
Is it that you are required to register your handgun in Douglas county but not in Sarpy county?
If I were to buy a handgun out of state, it would be shipped to me.
One poster replied that it has to be shipped to an FFL. Excuse my lack of knowledge, but what is an FFL?
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If I were to buy a handgun out of state, it would be shipped to me.
One poster replied that it has to be shipped to an FFL. Excuse my lack of knowledge, but what is an FFL?
A FFL is a Company that holds a federal firearms licences.
If you buy out of state it must ship to a FFL not you. Your FFL must legally transfer the handgun to you.
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Excuse my lack of knowledge, but...
Don't be sorry. All the state and federal rules make it quite confusing.
Federal law requires that a handgun purchased out of state be transferred into your possession through a Federal Firearms Licensee (FFL). So you would purchase the gun and it would be shipped to an FFL of your choice. It sounds like you are near Omaha, so I would recommend "RL Moeller Sporting Arms". NFOA board member, and all around good guy. There are plenty others. Generally their fee will be $25-35.
A long gun (shotgun or rifle) does not have this requirement. You could purchase that face-to-face from a FFL in or out of state and take immediate possession. As others have said, it must be a legal firearm in Nebraska (which there aren't many limits).
The other aspect of your purchase question dealing with Sarpy or Douglas counties, I can not answer. Omaha has a handgun registration which others here can answer whether this applies to you.
Sounds like you might be relatively new to firearms or at least handguns. Welcome to the sickness. ;D
Fly
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The other aspect of your purchase question dealing with Sarpy or Douglas counties, I can not answer. Omaha has a handgun registration which others here can answer whether this applies to you.
Omaha has mandatory handgun registration, you are required to register if you bring any handgun into the city limits even if you are not an Omaha or Nebraska resident. However this does not apply if you have a valid CHP.
I'm seeing things from a Douglas County perspective, does Omaha actually extend into Sarpy County?
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I'm seeing things from a Douglas County perspective, does Omaha actually extend into Sarpy County?
Thankfully state law prohibits Omaha from crossing the county line. :) Although anywhere the Millard Rural Fire District provides services you will see Omaha Fire arriving because they were contracted to provide the EMS coverage. *grumble*
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I'm seeing things from a Douglas County perspective, does Omaha actually extend into Sarpy County?
It does not. Not for the purposes we are discussing. But there are some areas around Bellevue that are very confusing spots that are Bellevue but show Omaha for the mailing address.
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A long gun (shotgun or rifle) does not have this requirement. You could purchase that face-to-face from anyone in or out of state and take immediate possession.
Minor correction: It is not lawful for two living, unrelated non-licensees from different states to buy/sell firearms directly. It doesn't matter whether those firearms are long guns or handguns.
The only time that long gun/handgun distinction really matters for an interstate sale is when a nonlicensee is buying from a licensee in a state other than his state of residence. In that scenario, the licensee would generally be allowed to sell a long gun to the non-resident buyer, but not a handgun.
See https://www.atf.gov/content/firearms-frequently-asked-questions-unlicensed-persons (https://www.atf.gov/content/firearms-frequently-asked-questions-unlicensed-persons)
Here are the relevant bits:
Q: To whom may an unlicensed person transfer firearms under the GCA?
A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.
[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]
Q: From whom may an unlicensed person acquire a firearm under the GCA?
A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.
[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]
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Minor correction: It is not lawful for two living, unrelated non-licensees from different states to buy/sell firearms directly. It doesn't matter whether those firearms are long guns or handguns.
The only time that long gun/handgun distinction really matters for an interstate sale is when a nonlicensee is buying from a licensee in a state other than his state of residence. In that scenario, the licensee would generally be allowed to sell a long gun to the non-resident buyer, but not a handgun.
See https://www.atf.gov/content/firearms-frequently-asked-questions-unlicensed-persons (https://www.atf.gov/content/firearms-frequently-asked-questions-unlicensed-persons)
Here are the relevant bits:
Thanks. Correction made to my original post.
Fly