Note on Capital City Pawn (Lincoln) for all NFOA members

[Opusnbill7]

The south store (S 13th St), and I would suspect also the north store (N 11th St) are requiring registration with the City of Lincoln for handgun purchases even if someone has a CCP because they state that city ordinance requires it.  This is not a "store policy" which would be a completely different issue (although still wrong).  They state that it is city ordinance that requires them to do so.   Showing them the letter from Tom Casady (from 2010) did not change their opinion.  They say a "new" ordinance was passed that requires it (which is completely incorrect afaik).  They refuse to consider educating themselves otherwise by contacting LPD even after shown the letter.

Therefore, I can only recommend that people who have a CCP choose to use a different store for transfers or purchases if you would prefer not to have your purchase registered with LPD.

Just a heads-up to all NFOA members.

I would instead recommend that members use other stores such as Nebraska Gun, DE Guns, or even someone outside of the city limits such as Exeter Arms or Reaper Arms. 

[gsd]

They all do it. Its all online now, most times they just wait for you to leave the store before entering the information.

[Opusnbill7]

But why?  It's not legally required. 

I also disagree with "they all do it", as Jeff at NE Gun explicitly told his employee it didn't need to be done (albeit it was a paper form) and this was about 9 months ago if my memory is correct.

[gsd]

Taken from LPD's website, as it is also a city ordinance.

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 Lincoln Police Department.
Necessary information may be entered on-line through the link above.

Reference Link:

http://lincoln.ne.gov/city/attorn/lmc/ti09/ch936.pdf

Heading 9.36.030 Report of Sale Of Firearms

[abbafandr]

I was under the impression that the CHP voided the local registration laws. I know it does in Omaha, thought it was statewide. 

[Dan W]

LB817 http://nebraskalegislature.gov/FloorDocs/101/PDF/Final/LB817.pdf

18-1703 Cities and villages shall not have the power
2 to regulate the ownership, possession, or transportation of a
3 concealed handgun, as such ownership, possession, or transportation
4 is authorized under the Concealed Handgun Permit Act, except as
5 expressly provided by state law, and shall not have the power
6 to require registration of a concealed handgun owned, possessed,
7 or transported by a permitholder under the act. Any existing
8 city or village ordinance, permit, or regulation regulating the
9 ownership, possession, or transportation of a concealed handgun,
10 as such ownership, possession, or transportation is authorized
11 under the act, except as expressly provided under state law, and
12 any existing city or village ordinance, permit, or regulation
13 requiring the registration of a concealed handgun owned, possessed,
14 or transported by a permitholder under the act, is declared to be
15 null and void as against any permitholder possessing a valid permit
16 under the act.

[Dan W]

http://uniweb.legislature.ne.gov/laws/statutes.php?statute=18-1703

Nebraska Revised Statute 18-1703
 
18-1703. Ownership, possession, and transportation of concealed handguns; power of cities and villages; existing ordinance, permit, or regulation; null and void.

Cities and villages shall not have the power to regulate the ownership, possession, or transportation of a concealed handgun, as such ownership, possession, or transportation is authorized under the Concealed Handgun Permit Act, except as expressly provided by state law, and shall not have the power to require registration of a concealed handgun owned, possessed, or transported by a permitholder under the act. Any existing city or village ordinance, permit, or regulation regulating the ownership, possession, or transportation of a concealed handgun, as such ownership, possession, or transportation is authorized under the act, except as expressly provided under state law, and any existing city or village ordinance, permit, or regulation requiring the registration of a concealed handgun owned, possessed, or transported by a permitholder under the act, is declared to be null and void as against any permitholder possessing a valid permit under the act.
Source

    Laws 2009, LB430, § 5;
    Laws 2010, LB817, § 2.


Cross References

    Concealed Handgun Permit Act, see section 69-2427.

As you can see, no changes have been made since LB817 was passed in 2010

[Gary]

Lincoln is an Island, in an ocean doing the States business.

I was a gun dealer / jeweler / pawnbroker in Beatrice for years.   I moved to Lincoln, and it was like being dropped behind the iron curtain.  lol  I retired to get out of the rigmarole. 

[barmandr]

Lincoln is the Chicago of Nebraska.  I avoid it at all costs and will never spend a penny in that place.

[AWick]

Maybe this is one of the laws that we can get passed in 2014... removing the word "existing" from that line of state code.

[Gary]

Could someone give us a ruling on what "Dealing" in firearms means?   If I give a gun to my wife, was I  "Dealing" in a firearm?

[AAllen]

Could someone give us a ruling on what "Dealing" in firearms means?   If I give a gun to my wife, was I  "Dealing" in a firearm?

I guess that would depend, did you shuffle the stack first?   

[RedDot]

I guess that would depend, did you shuffle the stack first?   

heh good one

[Gary]

A scrap dealer, has a meaning for scrap, and has a meaning for dealer.  Does the phrase "Dealing"  have any statute meaning in this instance?

To me "Dealing" in business, means an Enterprise for profit or loss.   

If I hand a 3rd grader lunch money, am I "Dealing" in a school lunch" ?    I don't think so. 

I am no longer in the retail firearms business, I have more guns than I know what to do with, and I always add to my collection via internet gun auctions, so I end up filing an 4473 through an FFL.  If they fill out something to send to LPD, I am unaware of it.  Don't care much one way or the other.  I have enough guns, I am on radar anyway, 100% sure of that. 

My long post is trying to ask, what Dealer means, anyone know?

[Husker_Fan]

Maybe this is one of the laws that we can get passed in 2014... removing the word "existing" from that line of state code.

That's not really needed. The first sentence says they can't regulate going forward, and the second makes clear that any laws existing when the legislature passed the preemption statute were void.

[shooter]

 so how does this effect people selling guns at the Lincoln gun show next month?

[AWick]

That's not really needed. The first sentence says they can't regulate going forward, and the second makes clear that any laws existing when the legislature passed the preemption statute were void.

Yeah, that's what I thought but then only saw the "existing" part in there. Thanks for setting my line of thought back straight.

[AAllen]

The question on the meaning of dealing, personally I would agree with you but there is not solid judicial interpretation to verify this.

The Lincoln gun show, if the venue is in the Lincoln city limits each dealer must complete the sales report and submit it to the city, minus those with CCW of course.

[Lmbass14]

The Lincoln gun show, if the venue is in the Lincoln city limits each dealer must complete the sales report and submit it to the city, minus those with CCW of course.

AA - Lets say that Shooter is NOT a "Firearms Dealer" meaning he don't sell firearms as a living, just an average Joe, then none of those rules would apply.  Is that a correct statement?  Just as long as the buyer has a permit or CCW?

[AAllen]

AA - Lets say that Shooter is NOT a "Firearms Dealer" meaning he don't sell firearms as a living, just an average Joe, then none of those rules would apply.  Is that a correct statement?  Just as long as the buyer has a permit or CCW?

I would like to agree with you here Lmbass, but I have heard that LPD thinks that individuals are required to report as well.  Without a solid court ruling setting down what the courts interpretation is we get left to wondering.  I am not an attorney and can not give legal advise, the only advise I can give is to be cautious.