Compliance with New Regulations still awaited from Lincoln and Omaha

Omaha, NE, July 14th, 2010 – New firearms laws go into effect Thursday July 15th as a result of LB 817 passing in the Legislature this year. The City of Omaha was scolded by members of the Unicameral for ignoring the law passed in 2009 regarding handgun registration. Nebraska Concealed Handgun Permit holders cannot be forced to register their handguns, so LB 817 further clarified this to bring Omaha into compliance with the state law. The City of Omaha has not yet given direction to Firearm Dealers on how to transfer ownership of a handgun to a Concealed Handgun Permit Holder now that they are not required to register their firearms. It is also still to be determined how the registration system of Lincoln, Nebraska will be adjusted to comply with this legislation.

LB 817 also should allow NE Concealed handgun permit holders as well as law enforcement officers to bypass the need for a firearm purchase certificate from the county sheriff; however this is still pending final approval by the Bureau of ATF.

Finally LB 817 set a 10 year time frame for disqualification of a concealed handgun permit for those individuals convicted of misdemeanor crimes of violence.

The membership of the NFOA would like to thank the Nebraska Legislature for their support of the clarifications made to the law by LB817.

Nebraska Firearms Owners Association is the largest firearms rights organization in the state of Nebraska, membership is free for all Nebraskans concerned with their right to keep and bear arms; simply sign-up at www.nebraskafirearms.org. We are local firearms owners who have a personal interest in representing firearms owners’ rights in Nebraska.

Mission -

Nebraska Firearms Owners Association (NFOA) is organized for the purpose of voicing the opinion of its membership to the Nebraska Legislature and other law making bodies within the state as well as Federal level, as it pertains to firearms. NFOA members will also make it a priority to educate residents on firearms related issues.

On the web: www.NebraskaFirearms.org or email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it for more information.

Contacts:

Andreas (Andy) Allen

President NFOA

P.O. BOX 419

Syracuse, Nebraska 68446

(402)321-5520

As a friend or member of the Nebraska Firearms Owners Association, I would like to invite you to our Leadership Conference.  This Conference is to be held July 17^th, 2010 at the Hilton Garden Inn, 1005 Dodge St., Omaha, NE.

With the new battles over individual rights in this age of terrorism, and attacks on our rights from all fronts, this chance to build the strength and sustainability of our organizations is of vital importance.  This event will also provide a chance for people from differing organizations to come together to build mutual support for common interests and reinforce support for each other.

This event will be presented by Alan Gottlieb, founder of the Citizens Committee for the Right to Keep and Bear Arms and the Second Amendment Foundation.  The topics to be presented will have an impact that will help direct the paths of our organizations for years to come.  Besides discussions of some of the current issues we face, there will be presentations on fundraising, increasing membership, effective lobbying, and other organizational management functions

With the support of the CCRKBA, the NFOA has voted to cover all costs related to this function.  Your cost to attend this function is absolutely free!  There will be voluntary donations accepted to help underwrite the costs of the morning snack and lunch that will be provided.  Parking in the Hilton parking garage, materials, and everything else is included at no charge to you.

Thank you for your participation,

Andy Allen
President, NFOA

Members, The NFOA wants to take this time to update you on the status of James McCullough, and on the funding you have given to the NFOA Defender fund to support him.

First, a large Thank You from Mr. McCullough, and the NFOA Board of Directors.

You have given more than enough to cover the replacement costs of his firearm. All money received, and that continues to flow in will go directly to James, to help with the growing stack of expenses he is incurring in the aftermath of the actions he took on April 26th.

Next, on Friday James went to the Omaha Police Department to register the firearm you helped him purchase, so that he could legally possess it in the City of Omaha. They gave his registration papers back to him, and told him he could not register a firearm. The Omaha Police Department claims they did not deny him registration, but only “Delayed” the issuance of the registration.

I did not grow up in Omaha, but in rural Nebraska, where when a public official hands you back your paper work, and tells you they cannot issue you the item being applied for, at that time it is a denial.

According to James’ Attorney James Martin Davis,

“You're innocent until proven guilty. It's very arbitrary and almost borderline negligence on the part of the police. They can't deny him the right to protect himself.”

This is not the only time that the Omaha Police Department has misused their power in regards to Omaha’s firearm registration. Omaha has spent almost a year requiring Concealed Handgun permit holders to register their firearms in violation of State Law.

Even after the Legislature chastised a deputy chief for this act, they continued. Their defiance has forced the Legislature to add further emphasis, inserting language that specifically ends this practice, into LB817 that passed this last session. That language takes effect soon (July 14th, 2010) and Omaha has yet to make any effort to correct their violations.

At this time we request that all our members contact the Omaha City Council, and insist that they remove the concealable firearm registration ordinance from the books. This practice is not used to track stolen weapons as they claim, but as a hammer, against law abiding citizens who choose to lawfully defend themselves. The right to self defense is a natural right given to us by God. No government or government agency has the power to take that away from us.

 http://www.cityofomaha.org/citycouncil/council-members

In the coming days, the NFOA will be taking action to bring this violation of James’ rights to public scrutiny, and with your help, apply pressure on the City of Omaha to take immediate action to remove this egregious ordinance.

Everyone is most likely aware on Monday April 26 just before 9:00 pm a pair of armed robbers entered an Omaha Walgreens and an armed civilian shot one of the robbers, killing him, and held the other until police arrived to secure the scene. Harry J. McCullough III will not face any criminal charges for the shooting, but is facing possible charges for carrying concealed without a permit, something that has not yet been proven. He is a competitive shooter and member of the NFOA.

His Smith and Wesson 4" M&P .40 caliber was confiscated by Omaha Police Dept. and it will likely be over a year until he gets it back (if ever). He needs a new carry gun, and the NFOA Board of Directors has made arrangements with an FFL member in the Omaha area to get another S&W for him at dealer cost. The Board has also offered to pay for this firearm for him, and needs support from our members to cover this expense. We had not intended to publicize this, but Mr. McCullough thought we should be recognized for our efforts to help him continue to have a way to protect himself.

We, The Board of Directors, felt that you should be informed of this action before it appears in the paper. Also, at this time we are announcing that all purchases made from the NFOA via the Google “ NFOA Defender” button will be used to cover this expense. Any funds raised beyond the cost of this purchase will go to the NFOA General Fund, which could be used to help other members or legal expenses for Mr. McCullough, if needed. We are also hoping to hold a fundraiser to assist with these expenses if someone in the Omaha area has an idea for an event or a place to hold such an event please contact any board member to offer your assistance. We cannot put something like this together without the assistance of our members.

Andy Allen
President NFOA

4/08/2010

LB 817 Passed!!!                  And now has been signed by the Governor on April 13th 2010

 Thank You  to everyone that helped NFOA  get this bill through the process.

The Legislature adjourns on April 14th, therefore these changes in law will take effect on July 14th, 2010. To summarize what these changes are:


1) A NE Concealed Handgun Permit holder will no longer be required to get the Firearm Purchase Certificate from the County Sheriff. The Concealed Handgun Permit will be honored as your background check for purchasing a firearm.

2) The city of Omaha cannot require a Concealed Handgun Permit Holder to register their handguns. This means they cannot require registration when you purchase in the city of Omaha, and they cannot require a CHP holder to register their handgun in order to carry it in the city.

3) Anyone who has a misdemeanor conviction for a crime of violence currently is prohibited from ever getting a Concealed Handgun Permit, however under the new law once the conviction is 10 years old, a person would now qualify for a concealed handgun permit.

4) The new law requires the NE State Patrol to notify Concealed Handgun Permit holders that if the permit holders firearm is lost or stolen, the permit holder must notify their local police dept. or Sheriff.



Please be sure to email the following Senators and thank them for their support in bringing this bill.

Mark Christensen:   This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Kent Rogert:    This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Tony Fulton:    This e-mail address is being protected from spambots. You need JavaScript enabled to view it    


We would also recommend that you thank your Senator for supporting this bill if they did so.

3/29/2010

LB 817 was pulled back to Select File today and two amendments were made.

Senator Rogert made a clarification amendment regarding the NE State Patrol running NICS checks on permit holders. But the really positive thing that happened was Senator Christensen introduced an amendment to make it even clearer that the city of Omaha cannot require registration of handguns for Concealed handgun permit holders.
Both amendments were adopted and the bill was advanced again. We expect the bill to be back for its final vote later this week or early next week.

Please take a minute to write THANK YOU letters/emails to the following Senators:

Senator Mark Christensen: Senator Christensen has worked long and hard for the rights of law abiding Nebraska Firearms Owners. Senator Christensen introduced LB 430 last year, and introduced the Amendment today that further clarifies the issue of Omaha's handgun registration.

Senator Tony Fulton: Senator Fulton made LB817 his Priority Bill to insure it would make it to the floor for debate.

Senator Scott Lautenbaugh: Senator Lautenbaugh stood up and gave a strong stern warning today to the city of Omaha, expressing disgust that city was not abiding by the law that was passed last year (LB430).

You may also wish to contact your Senator and thank them for their support and encourage them to support this bill on final reading.

Also in Iowa today the House and Senate have both passed changes to their Concealed Carry Permit Law, making  Iowa a shall issue state as well as giving recognition to out of state permits.  This is now headed to Iowa Governor Culvers desk to be signed into law.

LB836 is on the agenda for Tuesday March 30th, this makes change to deer hunting regulations and incorporates issues raised in LB747 in justifiable shootings of mountain lions.

We have a multiple things to update you on, so be sure to check out the entire alert.

Nebraska Attorney General Jon Bruning issued an opinion on Friday March 26^th that states that Omaha’s handgun registration requirement is in violation of state law when it is applied to concealed handgun permit holders.  This is simply the next step in the process of getting the City of Omaha to follow the law as amended last year, that we the NFOA have been working on since the passage of LB430.  This is not the end of this fight but just a stop along the way.  Hopefully this will be enough to get Omaha to update it’s ordinances to bring them within the limits of state law.  Be assured this is one of the main issues that we are currently working on.  More information and discussion can be found on our forum here: http://www.nebraskafirepower.com/forum/index.php?topic=1968.0 (registered members) and here: http://www.nebraskafirepower.com/forum/index.php?topic=1971.0.  At this time we do not want anyone to think they cannot be charged under Omaha’s ordinance and think they are immune, this is a process and we need to work it out and we are not looking to make this a legal fight where one of our members can end up with a gun charge against them.  Please use caution when you choose your actions, one bad event can set this fight back or even kill it.

LB817 Has been amended to include the limits on misdemeanor crimes of violence in LB860 as well as a change to the background checks for receiving a CCW to just being a NICS check.  This bill is on the schedule for Monday March 27, 2010 where it will be sent back to select file to receive one or more amendments, among  those could be wording posed by LB1033 to add registration to the things cities cannot regulate for CCW permit holders.  This would clarify in the law the opinion issued by AG Bruning.

On Saturday March 27^th the Iowa Senate passed S2379, this is the bill in the Iowa Legislature that would move Iowa to being a “shall issue” state for CCW permits and allows for reciprocity.  This bill now moves to the House where it is expected to be a lot closer on getting this passed.  If the bill passes the house and is signed into law by Iowa Governor Culver it would take effect on January 1, 2011.  We need to thank Iowa Carry and the NRA for the hard work they have put into this bill.  More information and discussion can be found here on our forum: http://www.nebraskafirepower.com/forum/index.php?topic=1972.msg15132;topicseen#msg15132