I am currently grappling with this same question. I moved recently to another address in Lincoln and have not yet received my replacement concealed carry permit. Luckily, I had saved the firearm purchase permit which was issued to me last year. I ordered a new pistol online for in-store pickup from DE Guns. I was denied the sale after I arrived due to the old address on the permit.
For clarification, I reached out to the Nebraska State Patrol headquarters to confirm that my permit was still valid. This is the email I received:
You have inquired whether a certificate to purchase a handgun remains valid when the holder changes address within three years of the effective date of the certificate. I have reviewed the statutes relating to the certificates and the regulations found at 272 NAC Chapter 22. It appears to me that the certificate remains valid. Neb. Rev. Stat. § 69-2407 provides that “[t]he certificate shall be valid throughout the state and shall become invalid three years after its effective date.” That statute describes a process for revocation should the holder become disqualified. Nothing suggests that moving is a disqualification.
Since the address is part of the application and the address is repeated on the certificate, it is not unreasonable to conclude that the address may be considered to be part of the security of the firearms purchase process. The statutes do not preclude a firearms owner from making the correct address part of the sale process. In that event, a new certificate can be issued with the current address for a five dollar fee.
I then sent the following to the owner of DE Guns:
Derek,
As you probably remember, I returned to your store today to pick up the order below. I presented my identification and firearm purchase permit and completed the ATF form 4473. The associate I was working with then informed me that my purchase permit was invalid and that the transfer could not be completed, as it listed my previous address. To this I protested, as Neb. Rev. Stat. § 69-2407 does not specify change of address, let alone within the same county, as grounds for permit invalidation or revocation. Following my visit, I contacted the Nebraska State Patrol headquarters for clarification regarding this matter. I was put in touch with [edited], who emailed me the following:
"You have inquired whether a certificate to purchase a handgun remains valid when the holder changes address within three years of the effective date of the certificate. I have reviewed the statutes relating to the certificates and the regulations found at 272 NAC Chapter 22. It appears to me that the certificate remains valid. Neb. Rev. Stat. § 69-2407 provides that “[t]he certificate shall be valid throughout the state and shall become invalid three years after its effective date.” That statute describes a process for revocation should the holder become disqualified. Nothing suggests that moving is a disqualification."
I understand that you are a private entity and may refuse service based on your own internal policies; however, it was very degrading for a loyal customer, who is legally permitted and able to purchase a handgun in the state of Nebraska, to be refused service on such grounds. Your store has been my go-to shop for all of my firearm-related needs since I moved to Lincoln, and has been my favorite by far. I have referred several individuals to your store in the past year, one of which I believe purchased an M&P 15. I know you spend hours each day answering questions and helping customers to honestly ensure they are getting a firearm which best suits their needs, many of whom never end up actually making a purchase at your store. And yet, there was no time spent to investigate and clarify Nebraska state law in order to secure a purchase for a loyal customer, who is in need of a replacement firearm to protect himself not only in a general sense, but from a possibly violent criminal who recently stole his only pistol, right outside his front door.
As well as I have regarded your store, it would be against the dictates of my conscious to return to an establishment that upholds a policy which, in my estimation, is not only unnecessary, but an additional burden on law-abiding citizens seeking to exercise their Second Amendment rights. Is there any possibility that you are willing to review and change this internal policy to be in line with what is specified by Nebraska state law? I would like to continue recommending and supporting your establishment. Please let me know.
Regards,
This is the response I received:
When we spoke with them we received a different answer. If you could get your contact there to put that in writing and sign it I would be happy to change our policy. Also trying to stop the city ordnance of unconstitutional hand gun reporting. Please send me a copy of the email thanks
Derek Broman
derek@deguns.net
I forwarded him the original copy of the email and am currently awaiting a decision. Here's hoping for a win! It is uncanny how convoluted and easily misunderstood the myriad of firearms laws can oftentimes be.
