< Back to the Main Site

Author Topic: Giving Brother a gun  (Read 1552 times)

Offline skydve76

  • Powder Benefactor
  • *
  • Join Date: Jan 2011
  • Location: Omaha
  • Posts: 314
Giving Brother a gun
« on: April 06, 2012, 04:11:26 PM »
I bought a gun recently and decided I want to give it to my brother.  I told him to go get his purchase permit first but I ran across this:

"If you are receiving the handgun from a close relative, Nebraska State Statute 69-2403 specifies that a handgun purchase certificate is not necessary if “The transfer is between a person and his or her spouse, sibling, parent, child, aunt, uncle niece, nephew or grandparent.”

You guys think it is ok for me to just give it to him?  I dont htink he has anything but I guess I dont know because he lived in another state until he was 18 or 19.  The other thinkg is bought the gun recently and I dont want it to look like I just went out and did a straw purchase.

I hate these wierd gun laws.  I suppose I should just let him get the permit to be safe.  He just has a job he has to take off from to go get it during the hours they have.  If I could just hand it over I probably would to save him the time and tell him to get the permit later if he ever gets a day off.

Anyone sold or given a releative a gun without them having a permit?
« Last Edit: April 06, 2012, 04:13:58 PM by skydve76 »

Offline Mudinyeri

  • God, save us!
  • NFOA Full Member
  • **
  • Join Date: May 2010
  • Location: Omaha
  • Posts: 3965
  • Run for the Hills
Re: Giving Brother a gun
« Reply #1 on: April 06, 2012, 04:53:26 PM »
It's your call whether you want him to get the permit first or not.  It is not required by law.

Offline DanClrk51

  • NFOA Full Member
  • **
  • Join Date: Mar 2009
  • Location: Bellevue
  • Posts: 1128
Re: Giving Brother a gun
« Reply #2 on: April 07, 2012, 02:20:17 AM »
The transfer of the handgun to your brother would be perfectly legal as long as he himself is not a prohibited person.

Offline skydve76

  • Powder Benefactor
  • *
  • Join Date: Jan 2011
  • Location: Omaha
  • Posts: 314
Re: Giving Brother a gun
« Reply #3 on: April 07, 2012, 07:55:26 PM »
I guess it comes down to wether or not I know for certain he is prohibited and since I dont know, I cant be held accountable.   I gave him the gun but he will get the permit anyways,  He plans to get a CCW.  Thanks!

Offline omaharj

  • social catalyst
  • Powder Benefactor
  • *
  • Join Date: May 2010
  • Location: omaha
  • Posts: 272
Re: Giving Brother a gun
« Reply #4 on: April 09, 2012, 02:25:29 PM »
I guess it comes down to wether or not I know for certain he is prohibited and since I dont know, I cant be held accountable.   I gave him the gun but he will get the permit anyways,  He plans to get a CCW.  Thanks!
  I'm not so sure...... I think the resposibility is on the giver. Hope all's well.  RJ

Offline HuskerXDM

  • 2014 NFOA Firearms Rights Champion
  • Powder Benefactor
  • *
  • Join Date: Jun 2010
  • Location: Lincoln, NE
  • Posts: 948
Re: Giving Brother a gun
« Reply #5 on: April 09, 2012, 05:12:14 PM »
6.3.1: 69-2403. Sale, lease, rental, and transfer; certificate required; exceptions.
(1) Except as provided in this section and section 69-2409, a person shall not purchase, lease, rent, or receive transfer of a handgun until he or she has obtained a certificate in accordance with section 69-2404. Except as provided in this section and section 69-2409, a person shall not sell, lease, rent, or transfer a handgun to a person who has not obtained a certificate.
(2) The certificate shall not be required if:
(a) The person acquiring the handgun is a licensed firearms dealer under federal law;
(b) The handgun is an antique handgun;
(c) The person acquiring the handgun is authorized to do so on behalf of a law enforcement agency;
(d) The transfer is a temporary transfer of a handgun and the transferee remains (i) in the line of sight of the
transferor or (ii) within the premises of an established shooting facility;
(e) The transfer is between a person and his or her spouse, sibling, parent, child, aunt, uncle, niece, nephew, or grandparent;
(f) The person acquiring the handgun is a holder of a valid permit under the Concealed Handgun Permit Act; or
(g) The person acquiring the handgun is a peace officer as defined in section 69-2429.
The master has failed more than the beginner has even tried.