question re registration law in Omaha

[depserv]

Say I'm back and forth between Lincoln and Omaha and my wife is in Omaha all the time.  I have a concealed carry permit and she doesn't (yet).  I have a pistol that is registered to me in Lincoln but not in Omaha, and since I have a CHP I don't expect to be registering it there.  I would prefer not to leave her defenseless when I'm not there. 

1. If I leave a handgun in my house in Omaha that is registered to me in Lincoln and is not registered in Omaha, will she be in violation of Omaha's illegal registration edict when she is in the house with the gun and I'm not in Omaha? 

2. If she has the gun locked in her vehicle when I'm not in Omaha will she be in violation of the edict then? 

3. Since she does not have a CHP, is there any requirement that she declare a gun in her car if she happens to get pulled over?

[SemperFiGuy]

You have asked for advice concerning a specific legal scenario, so if anyone on the Forum responds with specific advice regarding this specific legal scenario, then they are providing legal advice, for which they must be an attorney at the bar in the state of Nebraska.

I'm responding here in a more general manner and not to the specific situations that you have presented.  'Cuz.........I'm not an attorney at the bar in Nebraska.
------------------------------------------------------------------------------

1.   A handgun registered with a municipality clearly indicates the identity of the ownership of that handgun.    Any owner of a handgun who holds a CHP in Nebraska is exempted from any and all municipal codes requiring handgun registration.  So wherever that handgun might be located in Nebraska, it is still exempt from municipal registration.  All handguns of a CHP holder are likewise exempt.

2.   Generally, any otherwise legal, unloaded handgun that is locked in a vehicle in a location which is not accessible from the passenger compartment is not in violation of federal or state law.   Glove compartment, console, door compartments, under the seat, under a seat cushion, carry in a purse or on the body, or anywhere else in the passenger compartment would be concealed carry and legal only for a person holding a concealed carry permit.   Placing the unloaded handgun in a locked case in the trunk of the automobile is the best practice for legal automobile transportation.

3.   Unloaded, cased firearms carried in the trunk of an automobile operated by a non-CHP driver do not have to be declared to law enforcement officers during a traffic stop.
_______________________________________________________________
Sorry that I couldn't address your specific questions with specific advice.   But that's the way it is.

FWIW, The Nebraska State Patrol recommends that persons desiring specific legal advice seek out an attorney who is knowledgeable with respect to Nebraska firearms laws.



sfg 

[shooter]

 you say passenger compartment, what if like me someone has a Yukon? or a Van?  how would the determine what is passenger compartment?

[SemperFiGuy]

You have asked the standard question when this issue is discussed.

This item is in the category of a case law item, since it's the kind of thing that's not clearly written into the law.   Consequently, it  falls through the legal cracks and winds up getting decided by a judge after listening to the attorneys at court.   Then it becomes legal precedent.

I've not tried to run down the case law because I haven't had that need in the past.   However, my guess is that the farther away the handgun is located from the driver and the more it is locked up in a case and/or cable-locked and the harder it is to grab and shoot, then the stronger is the case presented by the defense.  Inaccessibility seems to be the key.

But it's just my very unqualified guess and nothing more.

The dilemma is between self-defense and legal transportation.   The more the handgun is being legally transported, the less it is available for self-defense.  And vice-versa.

And......Y'know, I'll bet that we have some real live legal attorneys as Forum members who could provide much better guidance here.

sfg

[depserv]

Obviously I'm not a lawyer, but it looks to me like the intent of the criminal gang that wrote the law is to render the law-abiding citizen unable to access the gun, so I suppose you'd want to be able to show the judge that there was no way you could have used the gun to defend yourself, so his precious criminals are safe from you.

[Kendahl]

My non-professional understanding is that, with one exception, any handgun that comes inside Omaha city limits must be registered with the Omaha Police Division. The exception is if it is in the possession of someone who holds a Nebraska concealed handgun permit or an out-of-state permit that Nebraska honors. Technically, a traveler who doesn't have a permit and passes through Omaha on Interstate 80 with an unloaded handgun in the trunk is in violation of the ordinance. The city attorney is supposed to have said that he wouldn't prosecute in such a situation but the ordinance allows him to do so.

If the gun is in the Omaha house with your wife but not you, I believe she is in violation of the ordinance. If you and she kept quiet about it, I doubt that it would become an issue. However, she would be at risk if she called 911 to report a crime against her and its presence became known. Your wife might be ok legally if the gun were locked in a safe to which she did not have the combination or key. However, that would defeat the purpose of her having it for self defense.

Ditto if it's in a vehicle with her but not you. This would apply even if it were unloaded in the trunk. Whether your vehicle does or doesn't have a separate trunk is irrelevant with respect to the ordinance. Whether or not it is loaded and where and how it is stored in the vehicle will affect whether your wife could be charged with illegally carrying a concealed weapon. Unless you have a CHP or a permit that Nebraska honors, Omaha requires its own permit for open carry which includes in plain sight in a vehicle.

The best way to handle this situation is for your wife to get her own concealed handgun permit. Even if she has no intention to carry, the pemit will make issues like this go away. You could invest some money to ask your questions of a  lawyer with the appropriate professional experience and follow his advice. Gary Young (see his ad for Legal Survival) would be a good choice. However, I think you would be better off putting that money toward your wife's CHP.

[SemperFiGuy]

Technically, a traveler who doesn't have a permit and passes through Omaha on Interstate 80 with an unloaded handgun in the trunk is in violation of the ordinance.

If the traveler terminates the travel in Omaha, then Omaha Municode 20-251 (handgun registration) applies and the handgun is immediately illegal.   Well-meaning, honest, innocent firearms owners have been and still do get busted for this situation.

If the traveler is traveling interstate and the handgun is legal at the terminus of the travel, then 18USC926a (Interstate Travel With Firearms) applies and the handgun is legal.   Federal law overrides state laws and local codes.   

However, if the handgun is not legal at the terminus (such as in Omaha), then the protections of 18USC926a do not apply.   Like ending in New Jersey.   Or Illinois.

It ain't easy.

sfg

[Kendahl]

If the traveler is traveling interstate and the handgun is legal at the terminus of the travel, then 18USC926a (Interstate Travel With Firearms) applies and the handgun is legal.   Federal law overrides state laws and local codes.

It does if the state or local government respects it. That's what worries me.

[depserv]

Am I correct in assuming that the registration requirement applies to handguns only and not long guns?  So a person without a CHP can have an unregistered shotgun in the house without going against the illegal edict of the criminal gang in Omaha?

[SemperFiGuy]

Am I correct in assuming that the registration requirement applies to handguns only and not long guns?

Not necessarily.   Could be a shortie rifle or scattergun.
Here's the Whole Ugly Mess:


=================================================
OMAHA MUNICODE


      Sec. 20-191. - Definitions.
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them:

Concealable firearm: A firearm having an overall length of less than 26 inches.


•   DIVISION 2. - FIREARM REGISTRATION

•   Sec. 20-251. - Required.
(a)  It shall be unlawful for any person to own, have possession of, or maintain control over any concealable firearm which has not been registered to said person with the chief of police in accordance with this division, except when
 (i) such possession or control is with the knowledge and express consent of the person in whose name such concealable firearm is        registered; or
(ii) the owner, possessor or transporter is in compliance with the laws of the State of Nebraska under the Concealed Handgun Permit Act or has a valid license or permit to carry a concealed handgun issued by any other state or the District of Columbia if
            (1) the holder of the license or permit is not a resident of Nebraska and
            (2) the Nebraska Attorney General has determined that the standards for issuance of such license or permit by such state or District of Columbia are equal to or greater than the standards imposed by the State of Nebraska.

(b)  A corporation, including a body corporate created by Nebraska statute, may register a concealable firearm in its corporate name. However, the corporation may consent to a person possessing or controlling the corporation's registered concealable firearm only if that person:
  (1)  Is a part-time or full-time employee of the corporation;
  (2)  Is acting within the scope of his or her employment with the corporation; and,
  (3)  Possesses a current identification card issued pursuant to section 20-208 upon satisfaction of the requirements of section
        20-207.
(Code 1980, § 20-251; Ord. No. 36045, § 1, 9-24-02; Ord. No. 39169, § 2, 11-22-11)
===============================================

Of course, the national and NE constitutions both have clear provisions which override everything up above.

FWIW.

sfg

[Kendahl]

Could be a shortie rifle or scattergun.

Wouldn't those be NFA items which is yet another regulatory ordeal?

Any ordinary rifle or shotgun should be legal. A carbine could be an issue if overall length is too short.

When a handgun isn't an option, a good alternative is a semi-automatic rifle or shotgun in a caliber powerful enough to stop the bad guy but still easy to shoot. Even a Ruger 10/22 is capable of ending a home invader's criminal career.

[hilowe]

Concealable firearm: A firearm having an overall length of less than 26 inches.

Didn't know this was how it was defined.

A couple of years ago, after moving into Omaha (yes, I screwed up on this one), had to register my handgun.  Specifically asked if I had to register my rifles and shotgun, and the officer stated no.  No more discussion than that, just a simple no.