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General Categories => Laws and Legislation => Topic started by: FredG on May 10, 2010, 08:34:37 AM

Title: LB 817
Post by: FredG on May 10, 2010, 08:34:37 AM
When do the provisions of this bill go into effect?  Was it when the Governor signed the bill or is there a waiting period?  In other words, when will the gun stores located in Omaha no longer be able to require a concealed carry permit holder to go downtown and register a handgun before they can take it with them after purchase?

thanks
Title: Re: LB 817
Post by: OnTheFly on May 10, 2010, 09:15:43 AM
From http://nebraskalegislature.gov/about/lawmaking.php (http://nebraskalegislature.gov/about/lawmaking.php)...

Quote
Most bills passed and approved by the governor become law three calendar months after the Legislature adjourns. However, bills may take effect before that date if they contain an emergency clause or a specified operative date.

It was signed by the governor on April 13, 2010.  So three calendar months would be July 13, 2010.  

EDIT
However, from this (http://www.nebraskafirepower.com/forum/index.php?topic=974.0) post, the effective date is three calendar months from the end of the legislative session.  This session ended April 14, 2010, so three calendar months would be 12:01AM July 15, 2010.

Anyone have any other ideas?

Fly
Title: Re: LB 817
Post by: Husker_Fan on May 11, 2010, 08:46:52 AM
I believe it is measured from the close of the session unless the bill is made special, in which case it goes into effect when signed.  LB817 was not made special.

This way, almost all changes for a year go into effect at the same time and state agencies don't have to worry about a lot of different dates when implementing legislation.
Title: Re: LB 817
Post by: FredG on May 12, 2010, 03:51:44 PM
Thanks for the information!  Of course, by July 15 the city of Omaha will have had time to find other ways to extort money from us.
Title: Re: LB 817
Post by: tut on June 14, 2010, 08:38:18 PM
After July 14 my other "children" can come out and rotate duty with my current "legal" child and not fear being punished!  Screw OPD chief and his marxist boss.
Title: Re: LB 817
Post by: Chris Z on June 14, 2010, 08:42:15 PM
Just FYI....... The ATF says that they still have to sign off on using the NE CHP as a background check. Apparently they are in the process of doing this.

What does this mean? If the ATF doesn't have this approved by July 14th, they will be contacting FFL's in the state telling them that the CHP is not yet a valid background check for the purposes of transferring a firearm.
Title: Re: LB 817
Post by: RLMoeller on June 15, 2010, 07:28:04 AM
To expand on what Chris said above.  The current "firearm purchase permit" serves two purposes.  1.  allow the purchase of a handgun.  2. act as a background check.

On the effective date of LB817, your CHP will act as permission to purchase a handgun.  Like Chris indicated, it will NOT act as a background check; a NICS check will need to be performed.

What I do not know is whether anyone from the State has requested that the BATFE evaluate our CHP for purpose of use as a background check.  I don't believe BATFE will do that evaluation without a request from the State.  Would that request come from the State AG's office?

How can we find out if that request had been made?  My ATF agent doesn't know.  This may not have been submitted as a request to BATFE for all I know.

Rod

Title: Re: LB 817
Post by: Chris Z on June 15, 2010, 07:30:43 AM
Rod-

Which Agent did you talk to?

I spoke with Greg, and he seemed to think that the request had been submitted and ATF home office was working on it
Title: Re: LB 817
Post by: RLMoeller on June 15, 2010, 08:48:04 AM
Chris,

I have been working with John.
Title: Re: LB 817
Post by: RickDisney on July 20, 2010, 08:27:02 PM
Hi All,I need a little clarity. My Gun purchase permit has a place for a NTN number which allows the gun seller
to use it thus voiding the background check. I am heading to GI tomorrow to the NSP to give them my CCW
paperwork. Will the CCW permit have a NTN number on it if LB 817 allows the CCW permit holder to purchase
a gun without a background check which is needed on the gun purchase paperwork?

Thanks..Rick
Title: Re: LB 817
Post by: Chris Z on July 20, 2010, 08:29:53 PM
The NTN number on your purchase permit is simply the record that the Sheriff did a NICS check (it is the FBI number response   "NICS Transaction Number" ).

Your CHP will not have the NTN number on it. If you use your CHP as a purchase permit the FFL will just have to run another NICS check on you. It takes all of about 15 seconds online
Title: Re: LB 817
Post by: FarmerRick on July 20, 2010, 09:59:04 PM
When is this going to be corrected??? 

An FFL doesn't need to do a NICS check with a NE pistol purchase permit...  :angry9: :angry9: :angry9: :angry9:
Title: Re: LB 817
Post by: Chris Z on July 20, 2010, 10:27:23 PM
When is this going to be corrected??? 

An FFL doesn't need to do a NICS check with a NE pistol purchase permit...  :angry9: :angry9: :angry9: :angry9:

Just waiting on the powers of the National ATF office, to give their blessing on the CHP being ok in place of the background check
Title: Re: LB 817
Post by: PhilK on July 21, 2010, 05:17:49 PM
FYI - Here's where to check to see "alternatives to the background check requirements of the Brady law":

http://www.atf.gov/firearms/brady-law/permit-chart.html
Title: Re: LB 817
Post by: SBarry on July 23, 2010, 07:17:43 PM
Also the ATF doesn't have a director yet. Under Obama, who would want that job?