StirrupTrouble Posted April 23, 2014 Share Posted April 23, 2014 This took place a few weeks ago. I meant to post it earlier, but I got busy LB 699, which passed without opposition in the Nebraska Legislature on March 27, makes positive reforms to Nebraska firearm laws. Because there was an emergency clause associated with this legislation, following the Governor’s signature, LB 699 took immediate effect. LB 699 repeals an outdated state firearms statute and brings state law into conformity with federal law by allowing Nebraska residents to purchase long guns in non-contiguous states. This long-overdue reform will align Nebraska with forty other states that already allow their residents to purchase rifles and shotguns in non-contiguous states, provided that the purchase or transfer complies with state and federal law. LB 699 repeals this antiquated restriction, allowing Nebraska residents the freedom to purchase long guns in states beyond their immediate borders. LB 699 also requires the reporting of records of persons unable to purchase or possess firearms due to a federal mental health disqualification -- adjudicated mentally deficient or involuntarily committed to a mental institution -- to the National Instant Criminal Background Check System, and changes provisions related to hunting licenses and hunter education programs. Nebraska still retains a strong restoration of rights provision for those who have been involuntarily hospitalized or have been adjudicated mentally deficient, providing the ability for relief through an application process to the court system, allowing for restoration of gun rights. The biggest change in this law is in bringing us in line with a lot of other states on the purchase of long guns. As an example of the stupid way out previous law was, if I were to go to match in Kansas and buy a rifle off of a shooter there, or stop by a gun shop to buy a rifle, I would be fine. On the other hand, if I would have gone to a shoot in Texas and done the same thing, and then brought the rifle home, I would have committed a felony in Nebraska. The only workaround was an FFL transfer even though I was there in person to get it. Now this is no longer the case, and we can buy a long gun wherever we are in the US. I am not super thrilled about the reporting requirement, as I do not like an outsider deeming when I am fit to own a firearm, at least there is the provision that allows us to go to court to get those rights back. Overall, a good piece of legislation that the NRA supported Link to comment
Six-Shot Posted April 23, 2014 Share Posted April 23, 2014 ST, you wrote: [Nebraska still retains a strong restoration of rights provision for those who have been involuntarily hospitalized or have been adjudicated mentally deficient, providing the ability for relief through an application process to the court system, allowing for restoration of gun rights.[/i] I am not super thrilled about the reporting requirement, as I do not like an outsider deeming when I am fit to own a firearm, at least there is the provision that allows us to go to court to get those rights back. Overall, a good piece of legislation that the NRA supported ST, New Hampshire has a similar bill, SB 244, pending in the House Judiciary Committee. I testified at a hearing on it a couple of weeks ago. I brought up the fact that even if the state were to annul or expunge a prior adjudication for being mentally deficient to own or posess a firearm there is NO guarantee the Federal "NICS" (National Instant Background Check) law will comply because the law would have to be changed by the US Congress to remove the question on the 4473 application for purchasing a firearm which asks "have you ever been adjudicated of mental deficiency, etc.)" and if you answer "NO" even though the state has annuled or expunged the conviction you would still be committing a felony for not disclosing it on the 4473. Be careful . . . be verrrry careful in supporting such legislation. DO NOT trust the Feds! Link to comment
StirrupTrouble Posted April 23, 2014 Author Share Posted April 23, 2014 ST, you wrote: [Nebraska still retains a strong restoration of rights provision for those who have been involuntarily hospitalized or have been adjudicated mentally deficient, providing the ability for relief through an application process to the court system, allowing for restoration of gun rights.[/i] I am not super thrilled about the reporting requirement, as I do not like an outsider deeming when I am fit to own a firearm, at least there is the provision that allows us to go to court to get those rights back. Overall, a good piece of legislation that the NRA supported ST, New Hampshire has a similar bill, SB 244, pending in the House Judiciary Committee. I testified at a hearing on it a couple of weeks ago. I brought up the fact that even if the state were to annul or expunge a prior adjudication for being mentally deficient to own or posess a firearm there is NO guarantee the Federal "NICS" (National Instant Background Check) law will comply because the law would have to be changed by the US Congress to remove the question on the 4473 apllication for purchasing a firearm which asks "have you ever been adjudicated of mental deficiency, etc.) and if you answer "NO" even though the state has annuled or expunged the conviction you would still be committing a felony for not disclosing it on the 4473. Be careful . . . be verrrry careful in supporting such legislation. DO NOT trust the Feds! Oh, I totally agree. I sent a lot of letters trying to get that part tossed, but failed. I was just glad that the first part of the law, the non-contiguous state long gun purchase part passed. I have been speaking to a state legislator to try to craft legislation for next session that will strip that other part of the law. I wish the NRA-ILA would have put more pressure on them when it was going through, but they supported it as is, so I ended up trying to push a rope Link to comment
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