NFOA MEMBERS FORUM
General Categories => Laws and Legislation => Topic started by: bigmountainskiercfg on January 30, 2012, 11:00:12 PM
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There is about 8 questions in this thread.
1- I am a Utah resident (I'm guessing as I have a Utah drivers license) going to school at Creighton for the next 6 years. I am a Utah ccw permit holder and want to buy a friends .22 hand gun he is selling. Can I purchase it, if so what ate the steps. Prefer not to use an ffl to avoid stupid fees. I can buy a resident hunting license. I Have to stay officially a Utah resident in order to participate in the dental program while here.
2- do I have to register my 7 handguns I brought out here with me. I'm living in Douglas county.
3- my wife also a Utah ccw permit holder had to get a Nebraska drivers license for her nursing job. Guessing she is a nebraska resident now. Does that void her Utah ccw permit making it not possible to conceal her .38 spl?
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Excellent questions and the one likely most capable of answering them is Chris Zeeb. He is a member here an FFL holder and a Nebraska CCW instructor.
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I'll defer to a FFL for question #1
2- do I have to register my 7 handguns I brought out here with me. I'm living in Douglas county. If you reside within the Omaha city limits or carry it in Omaha, YES.
3- my wife also a Utah ccw permit holder had to get a Nebraska drivers license for her nursing job. Guessing she is a nebraska resident now. Does that void her Utah ccw permit making it not possible to conceal her .38 spl? Yes. A Nebraska resident may NOT carry under another state's CCW permit.
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I would verify with someone about your statement "I Have to stay officially a Utah resident in order to participate in the dental program while here." In a majority of states, unless AD military one becomes a citizen of said state after 6 months by default. The powers that be are certainly going to want yo' money for vehicle licensure and wheel tax. Unless you are on a scholarship that requires you to remain a UT resident or your obligated to go back for loan repayment, I cannot see why you could not declare a change. I know when I was in school in the dark ages, OK had an agreement with UT for taking students. Within 6 months those dudes bought houses, etc to get in state tuition rates. After 4 years they hauled back to UT.
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As far as i know, if your friend is not an FFL, you can buy his .22 through a private sale without a problem.
the rest i'm not touching, because I honeslty don't kow much about that.
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I would verify with someone about your statement "I Have to stay officially a Utah resident in order to participate in the dental program while here." In a majority of states, unless AD military one becomes a citizen of said state after 6 months by default. The powers that be are certainly going to want yo' money for vehicle licensure and wheel tax. Unless you are on a scholarship that requires you to remain a UT resident or your obligated to go back for loan repayment, I cannot see why you could not declare a change. I know when I was in school in the dark ages, OK had an agreement with UT for taking students. Within 6 months those dudes bought houses, etc to get in state tuition rates. After 4 years they hauled back to UT.
That is exactly it, I am on a 2 year scholarship for masters and then go directly into Dental School where i am obligated to go back to Utah for loan repayment. Thats why I have to stay a Utah resident.
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As far as i know, if your friend is not an FFL, you can buy his .22 through a private sale without a problem.
the rest i'm not touching, because I honeslty don't kow much about that.
That is what I thought and how it is in Utah but... reading is making me really 2nd guess myself. Can anyone else vouch for this. The OPD wasn't helpful at all! The lady was an absolute JERK on the phone.
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I'll defer to a FFL for question #1
2- do I have to register my 7 handguns I brought out here with me. I'm living in Douglas county. If you reside within the Omaha city limits or carry it in Omaha, YES.
3- my wife also a Utah ccw permit holder had to get a Nebraska drivers license for her nursing job. Guessing she is a nebraska resident now. Does that void her Utah ccw permit making it not possible to conceal her .38 spl? Yes. A Nebraska resident may NOT carry under another state's CCW permit.
WOW... Omaha sucks! my 3rd question makes sense but the 2nd question is still BS in my mind. Why city overrules state reciprocal acts.
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Wait a minute here. I was of the understanding that those of us fortunate to live outside the walls of Mordor, i.e., non-residents of Omaha, did not have to register ANYTHING to legally carry in Omaha as long as we had our permits from the state of Nebraska (which is much bigger and should kick the crap out of Omaha now and then just to let them know who's boss if nothing else.)
Did I mention I don't think much of Omaha?
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With your CCW, even one from Utah, you do not need to register. The states preemption for CCW holders covers this.
Since your wife has a Nebraska Drivers License, is employed and living in Nebraska she most likely is considered a Nebraska citizen, so she would need to get a Nebraska CCW. You have the out here in the fact that you are a full time student and there are some rules that deal with students not becoming citizens automatically due to the temporary nature of there domicile, now if you decided to buy a home etc that may change.
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It seems as though the essential question is whether or not the OP is a "Nebraska Resident".
Here is how the administrative code defines the term Resident:
shall mean a person who has been a resident of this state for at least one hundred eighty days. This does not include an applicant who maintains a residence in another state and claims that residence for voting or tax purposes.
So, bigmountain, it sounds as if you are not a resident. Your wife, on the other hand, sounds as if she is.
This is relevant to all three of your questions.
1. Federal law requires an individual to take possession of a purchased handgun in his or her state of residence. To purchase your friend's handgun, you would need to obtain a Nebraska purchase permit, conduct the transaction and then have your friend ship the handgun to a FFL in Utah where you could take possession of the handgun. Person-to-person (non-FFL) transfers must be between two residents of the state.
2. Since you are not a resident of Omaha, you get a pass on the registration on that count (Residents of Omaha must register). Since you hold a Utah concealed carry permit, with reciprocity in Nebraska, it would seem that you also get a pass on that count (Those with recognized concealed carry permits and in compliance with the Nebraska Concealed Handgun Permit Act are not required to register, but my do so voluntarily).
3. Your wife, now as a Nebraska resident (assumed), will need to acquire a Nebraska concealed carry permit. Depending on when it expires, she may want to hold on to her Utah resident permit.
ETA: If you and your wife maintain a (jointly titled, leased, etc.) residence in Utah and she maintains her voter registration in Utah, you might be able to skate on her being a resident of Nebraska. The Nebraska driver's license will muddy the waters, though. Expect considerable legal wrangling if she is found to be carrying.
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2. Since you are not a resident of Omaha, you get a pass on the registration on that count (Residents of Omaha must register).
We need to be careful here, residence has nothing to do with Omaha's registration, it only requires the gun be in Omaha.
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We need to be careful here, residence has nothing to do with Omaha's registration, it only requires the gun be in Omaha.
Has Omaha's registration law revision taken effect yet? That may be the determining factor whether or not he technically needs to register any weapons, according to Omaha anyway. ::)
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Has Omaha's registration law revision taken effect yet? That may be the determining factor whether or not he technically needs to register any weapons, according to Omaha anyway. ::)
Yes the new law is in effect.
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I think I am more confused then when I first started, LOL ??? If i understand correctly... there is not a chance for me to buy this guys gun as a private sell because he is a nebraska resident and I am a Utah resident even though i have lived here for 5 months, have an address here, and am considered a resident when i buy a hunting license. Is that correct? 2nd I have to register my guns because i live in douglas country even though Nebraska accepts my CCW permit. Its only NE CCW permits that don't have to register them. IS that correct?
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I 2nd I have to register my guns because i live in douglas country even though Nebraska accepts my CCW permit. Its only NE CCW permits that don't have to register them. IS that correct?
I don't know for certain the answer to the first part of this, but the second is your CCW is accepted and you do not need to register your firearms.
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We need to be careful here, residence has nothing to do with Omaha's registration, it only requires the gun be in Omaha.
Residency within the city limits of Omaha does have bearing on whether or not you have to register a concealable weapon. It is not, however, the only fact that has bearing. You're correct, Andy, that the location of the handgun also factors in.
My point, that I think you were cautioning about, was that he does not meet the "residency test". You may notice that I suggested that there are other "tests" that may require him to register.
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I think I am more confused then when I first started, LOL ??? If i understand correctly... there is not a chance for me to buy this guys gun as a private sell because he is a nebraska resident and I am a Utah resident even though i have lived here for 5 months, have an address here, and am considered a resident when i buy a hunting license. Is that correct? 2nd I have to register my guns because i live in douglas country even though Nebraska accepts my CCW permit. Its only NE CCW permits that don't have to register them. IS that correct?
While this is not legal advice and there may be other facts not in evidence ... it appears that you do not meet the letter of the Nebraska residency portion of the statute, as defined by the statute. Therefore, Federal law prevents you from taking possession of a handgun in the state of Nebraska.
This may not clear up any more confusion on the second part of your question, but you have a Utah CC permit. Nebraska offers reciprocity to Utah permit holders. That reciprocity is a part of "compliance with the Nebraska Concealed Handgun Permit Act" so you are covered under the City of Omaha ordinance that exempts concealed carry permit holders from registration (non-legal opinion).
Whether my opinion is correct or not, you might want to prepare yourself for some hassle since this is all as clear as mud.
My best advice: Seek a professional legal opinion and retain an attorney. James Martin Davis comes to mind.
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Thanks for your help and advice, sounds like i can go down to the omaha sheriffs office and get a purchase permit for 5 dollars since i have an omaha address and going to school full time here. My Utah CCW overrules the omaha rules of registering my guns, I can still conceal carry with my Utah CCW until i become a legal resident of Nebraska buy paying taxes or voting. Tim dunning is very helpful if you ever have any question, i would recommend him.