under 21 handgun laws

[Anonymous]

So I have trouble finding the laws regarding a person under 21 possessing and transportation of a handgun in Nebraska and different cities. Can someone please explain this. I know someone under 21 cannot purchase a handgun or ammo. I also understand it can be gifted ro them but unsure from that point. Can they have it in there home and can they transport it and how?

[Husker_Fan]

You must have a handgun certificate to "purchase, lease, rent, or receive transfer of a handgun" unless an exception applies. As you noted, one execption is for transfers "The transfer is between a person and his or her spouse, sibling, parent, child, aunt, uncle, niece, nephew, or grandparent." http://nebraskalegislature.gov/laws/statutes.php?statute=69-2403

To qualify for a certificate, an applicant must be 21.http://nebraskalegislature.gov/laws/statutes.php?statute=69-2404

I understand this to mean a person between 18 and 21 can possess a handgun or have it in their home in most places in the state. Omaha (and maybe Lincoln) is different. Omaha requires registration and you must be 21 to do that unless you have a CHP which also requires that you be 21.

*Disclaimer: don't take this as legal advice. I'm a lawyer but I haven't looked into this too closely.

[Husker_Fan]

Also, I don't know that the 21 year old restriction applies to purchases if they are included in an exception. However, federal law, IIRC, prohibits an FFL from selling handguns to anyone under 21.

[HuskerXDM]

You'll want to refer to Nebraska statute 28-1204:
(1) Any person under the age of eighteen years who possesses a handgun commits the offense of unlawful possession of a handgun.
(2) This section does not apply to the issuance of handguns to members of the armed forces of the United States, active or reserve, National Guard of this state, or Reserve Officers Training Corps, when on duty or training, or to the temporary loan of handguns for instruction under the immediate supervision of a parent or guardian or adult instructor.
(3) Unlawful possession of a handgun is a Class I misdemeanor

and 28-1204.01

(1) Any person who knowingly and intentionally does or attempts to sell, provide, loan, deliver, or in any other way transfer the possession of a firearm to a juvenile commits the offense of unlawful transfer of a firearm to a juvenile. The county attorney shall have a copy of the petition served upon the owner of the firearm, if known, in person or by registered or certified mail at his or her last-known address.
(2) This section does not apply to the transfer of a firearm, other than a handgun, to a juvenile:
(a) From a person related to such juvenile within the second degree of consanguinity or affinity if the transfer of physical possession of such firearm does not occur until such time as express permission has been obtained from the juvenile's parent or guardian;
(b) For a legitimate and lawful sporting purpose; or
(c) Who is under direct adult supervision in an appropriate educational program.
(3) This section applies to the transfer of a handgun except as specifically provided in subsection (2) of section 28-1204.
(4) Unlawful transfer of a firearm to a juvenile is a Class III felony.

So... 18-20 year olds can legally possess a handgun as long as it is not concealed.  They can legally get the handgun from the relationships mentioned in one of the earlier posts. 
As long as they are 18+, the same transport rules would apply as they do to you.  Without a CHP, transport would need to be open in a vehicle, or unloaded and separated from the ammunition (in the trunk). 

[Anonymous]

I called Lincoln police to see if any city laws , they told me to call sheriff's department,  they told me to call Highway patrol, they told me they cannot give out legal advise and to contact an attorney   I just wanted to know the law in this matter, she hasn't shot anybody lol

[JTH]

HuskerXDM's summation is spot-on.  (And his listing of the specific statutes is a handy thing for reference purposes.)

So... 18-20 year olds can legally possess a handgun as long as it is not concealed.  They can legally get the handgun from the relationships mentioned in one of the earlier posts. 
As long as they are 18+, the same transport rules would apply as they do to you.  Without a CHP, transport would need to be open in a vehicle, or unloaded and separated from the ammunition (in the trunk). 

[SemperFiGuy]

they told me to call Highway patrol, they told me they [Nebraska State Patrol]cannot give out legal advise and to contact an attorney

Appears to be a clear case of one bureaucratic left hand not really knowing what the right hand is doing, even within the same agency.

Because..............the Nebraska State Patrol website has in the past been a good venue for fairly quick and very clear feedback from NSP staff attorneys on firearms laws and related issues.   I've used their services several times and am very pleased with that service, which is not always the case with government agencies.

[For example, the NSP attorney clarified a point of mild contention between the Forum's DanW and me with respect to converting seamlessly from concealed carry to open carry.  Dan said that you could just take out your concealed firearm and carry it in open carry at any time if you wished.  I maintained that "concealed carry" meant that the handgun must always remain concealed for NE CHP holders and that no part of the concealed handgun must ever be allowed to show.

Well, the nice NSP attorney basically clarified that DanW was correct and Somebody Else was not.   I hate when that happens.]

Anyhow, All you have to do to obtain legal advice direct from the NE NSP is to go to the NSP website/Contact Us section and type in your email inquiry.  When the website is open, that is.

Unfortunately right now, the NSP website appears to be shut down.  At least, it was inaccessible when I tried it a few minutes ago.

sfg