Author Topic: Local Gun Laws in Nebraska (Read 6013 times)

BrettR · « **on:** January 22, 2019, 08:32:28 PM »

Perhaps this topic has been mentioned in previous threads but I was curious if someone could provide a list of local gun regulations that exist across Nebraska. For instance, I found that Blair prohibits open carry. As I regularly travel across the state I'd like to be better informed of the local gun laws in hopes to remain out of the law enforcement spotlight!

Thanks in advance!

Brett

Mali · « **Reply #1 on:** January 22, 2019, 09:07:07 PM »

I am all for getting this out for others to know as well.
Although there is a good deal of knowledge regarding Omaha and Lincoln, and somewhat Blair, we would need members in the various communities to post the rules in their area.

SemperFiGuy · « **Reply #2 on:** January 23, 2019, 06:44:15 AM »

Gun Laws........
If allowed at all,

Should be allowed no lower than the state-statute level.

Otherwise, they create a trap for law-abiding citizens to stumble into.
And wind up with an inadvertent felony record.

Omaha's Handgun Registration Law is the perfect example, among many.

FWIW,

sfg

eelstrebor1 · « **Reply #3 on:** January 23, 2019, 11:25:28 AM »

Call me ignorant but I was under the impression that there is state pre-emption in Nebraska with Omaha having an exception - apparently Lincoln has an exception and maybe others. I hope I don't get arrested for not knowing every city, town, and county laws.

SemperFiGuy · « **Reply #4 on:** January 23, 2019, 11:37:05 AM »

Quote

I hope I don't get arrested for not knowing every city, town, and county laws.

You have nicely captured the essence of my post.

Yes. CHP Holders are exempt from Omaha's Handgun Registration and Open Carry municodes. But not Ordinary, Everyday Citizens.

And Lincoln, Blair, and other cities have other gun laws without exemptions.

It's a jungle out there.

sfg

SemperFiGuy · « **Reply #5 on:** January 23, 2019, 11:45:53 AM »

And a Bit More from the Nebraska State Constitution:

I-1. Statement of rights.
All persons are by nature free and independent, and have certain inherent and inalienable rights; among these are life, liberty, the pursuit of happiness, and the right to keep and bear arms for security or defense of self, family, home, and others, and for lawful common defense, hunting, recreational use, and all other lawful purposes, and such rights shall not be denied or infringed by the state or any subdivision thereof. To secure these rights, and the protection of property, governments are instituted among people, deriving their just powers from the consent of the governed.

When I first read that section of the Nebraska Constitution many years ago, it was very reassuring that I had moved to the right state. But I've since found out that it sorta doesn't mean squat.

sfg

Jito463 · « **Reply #6 on:** January 23, 2019, 12:17:39 PM »

Quote from: eelstrebor1 on January 23, 2019, 11:25:28 AM

Call me ignorant but I was under the impression that there is state pre-emption in Nebraska with Omaha having an exception - apparently Lincoln has an exception and maybe others. I hope I don't get arrested for not knowing every city, town, and county laws.

To my knowledge, only CHP holders have preemption, which is why we need to push for statewide preemption laws which includes everyone.

LJUnaTIC · « **Reply #7 on:** January 23, 2019, 02:21:09 PM »

Quote from: Jito463 on January 23, 2019, 12:17:39 PM

To my knowledge, only CHP holders have preemption, which is why we need to push for statewide preemption laws which includes everyone.

Correct, but note preemption only covers handguns carried pursuant to a valid CHP, not long guns.

Jito463 · « **Reply #8 on:** January 23, 2019, 03:50:18 PM »

Quote from: LJUnaTIC on January 23, 2019, 02:21:09 PM

Correct, but note preemption only covers handguns carried pursuant to a valid CHP, not long guns.

True, I forgot to clarify that in my post. Thanks for the correction.

JAK · « **Reply #9 on:** January 23, 2019, 04:28:08 PM »

While I agree that there shouldn't be any firearm laws lower then the state, I have done some work at finding out what the laws are in other cities in Nebraska.

Please keep in mind that these are the ones for the cities that I looked up and do not include all of the cities in the state.

Hope this helps, the date the info was downloaded should be at the start of each document.

John K

SemperFiGuy · « **Reply #10 on:** January 24, 2019, 09:39:49 AM »

JAK:

Appears to be the very first time this important information has been gathered together and posted here on the NFOA Forum, AFAIK.

This information deserves to be permanently posted as a sticky here on the Forum in the Laws section, where it will then be available for all Forum members and readers.

Thanks for your efforts.

sfg

Range Mom · « **Reply #11 on:** January 24, 2019, 10:03:07 AM »

Quote from: JAK on January 23, 2019, 04:28:08 PM

While I agree that there shouldn't be any firearm laws lower then the state, I have done some work at finding out what the laws are in other cities in Nebraska.

Please keep in mind that these are the ones for the cities that I looked up and do not include all of the cities in the state.

Hope this helps, the date the info was downloaded should be at the start of each document.

John K

Thank you John, this is a great amount of effort and an important resource. Great point, we need to make this easily available to folks. You mind if we take your files and create a post with them and as recommended, make it sticky so folks can find it easily?

m morton · « **Reply #12 on:** January 24, 2019, 10:38:25 AM »

Quote from: PTR-91Lover on January 24, 2019, 10:03:07 AM

Thank you John, this is a great amount of effort and an important resource. Great point, we need to make this easily available to folks. You mind if we take your files and create a post with them and as recommended, make it sticky so folks can find it easily?

you should link to the sources as this info changes so much that the info you post will be out of date at some point in time. someone will read it and run in to an issue with a law that changes in a city or town down the road. but a link to the state / city source should be maintained up to date.

Range Mom · « **Reply #13 on:** January 24, 2019, 10:54:31 AM »

Quote from: m morton on January 24, 2019, 10:38:25 AM

you should link to the sources as this info changes so much that the info you post will be out of date at some point in time. someone will read it and run in to an issue with a law that changes in a city or town down the road. but a link to the state / city source should be maintained up to date.

Good suggestion!

BrettR · « **Reply #14 on:** January 24, 2019, 12:05:23 PM »

Thanks again!

FarmerRick · « **Reply #15 on:** January 24, 2019, 01:20:14 PM »

Good list of links to individual city's municipal codes: http://nebraskaccess.nebraska.gov/municipalcodes.asp

I have attached a PDF of the code for Blair's ban on open carry.

JAK · « **Reply #16 on:** January 24, 2019, 05:51:34 PM »

Feel free to use the info I posted any way that you want.

I put the date that I downloaded the information to provide a reference as to when it is current. Links to the various locations where the info is would be great, however you will end up searching through a lot of statues that do not apply to firearms to find the ones that do.

John K

StuartJ · « **Reply #17 on:** January 27, 2019, 08:05:26 PM »

If you buy a handgun in Lincoln its reported to the police. So basically registered.

Jito463 · « **Reply #18 on:** January 27, 2019, 10:03:55 PM »

Quote from: StuartJ on January 27, 2019, 08:05:26 PM

If you buy a handgun in Lincoln its reported to the police. So basically registered.

Wait, are you serious? Just that you made a purchase, or the actual info on the firearm?

*EDIT*
Never mind, I think I found (some of) what I was looking for. I'm going to do a little more digging into this.

Quote

9.36.030 Report of Sale of Firearms.
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 Police Department on forms as prescribed
and furnished by the Police Department. The report shall contain all the information requested thereon.
(Ord. 15625 §3; July 9, 1990: P.C. §9.28.025: Ord. 15443 §1; February 20, 1990: prior Ord. 7936 §1; December 26, 1962).

*EDIT2*
Okay, now I'm steamed. ~~I thought gun registries were already determined to be illegal, so how is Lincoln getting away with this?~~ I found this part in the ordinance (picture attached to post). The section detailing how it's to be filled out is marked out as if they'd removed it from the ordinance, but that doesn't mean anything. It just means they aren't using that specific method of reporting anymore.

LJUnaTIC · « **Reply #19 on:** January 27, 2019, 10:49:16 PM »

IF...you have a valid CHP then Lincoln does not have the power to require this registration.

But it seems like local FFL's send it in anyway...at least they used to, and you would not know if they had unless you asked

I heard back in the day of a few cases where they did even after they were notified by then LPD Chief Hop a long Casady that they were not to register sales to CHP holders.

https://drive.google.com/file/d/1IZgNXRKbefgPi_4GPYUjg1pXFpj50i13fWkvmj3bo39Jvcf1H1b3JFmIJSry/view?usp=drivesdk