Nebraska LB 520: Require notification when persons prohibited by state or federal law obtain a handgun or concealed carry permit

Bill Text

LEGISLATURE OF NEBRASKA
ONE HUNDRED FIFTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 520
 
Introduced by Hansen, 26.
Read first time January 18, 2017
Committee: Judiciary
A  BILL  FOR  AN  ACT  relating  to  firearms;  to  amend  sections  69-2404,1
69-2405,  69-2410,  69-2411,  69-2412,  69-2414,  69-2421,  69-2422,2
69-2424, 69-2425, 69-2429, and 69-2430, Reissue Revised Statutes of3
Nebraska,  and  sections  69-2402,  69-2409,  69-2409.01,  69-2427,4
69-2436, and 69-2439, Revised Statutes Cumulative Supplement, 2016;5
to define terms; to require notification when a person prohibited by6
state or federal law attempts to purchase, lease, rent, or receive7
transfer  of  a  handgun  or  apply  for  a  permit  to  carry  a  concealed8
handgun under the Concealed Handgun Permit Act; to require reports;9
to eliminate an obsolete provision; to harmonize provisions; and to10
repeal the original sections.11
Be it enacted by the people of the State of Nebraska,12
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Section 1. Section 69-2402, Revised Statutes Cumulative Supplement,1
2016, is amended to read:2
69-2402 For purposes of sections 69-2401 to 69-2425 and section 4 of3
this act:4
(1) Antique handgun or pistol means any handgun or pistol, including5
those  with  a  matchlock,  flintlock,  percussion  cap,  or  similar  type  of6
ignition system, manufactured in or before 1898 and any replica of such a7
handgun or pistol if such replica (a) is not designed or redesigned for8
using  rimfire  or  conventional  centerfire  fixed  ammunition  or  (b)  uses9
rimfire  or  conventional  centerfire  fixed  ammunition  which  is  no  longer10
manufactured in the United States and which is not readily available in11
the ordinary channels of commercial trade;12
(2) Commission means the Nebraska Commission on Law Enforcement and13
Criminal Justice;14
(3) (2)  Criminal  history  record  check  includes  a  check  of  the15
criminal history records of the Nebraska State Patrol and a check of the16
Federal  Bureau  of  Investigation's  National  Instant  Criminal  Background17
Check System;18
(4) (3) Firearm-related disability means a person is not permitted19
to  (a)  purchase,  possess,  ship,  transport,  or  receive  a  firearm  under20
either state or federal law, (b) obtain a certificate to purchase, lease,21
rent,  or  receive  transfer  of  a  handgun  under  section  69-2404,  or  (c)22
obtain a permit to carry a concealed handgun under the Concealed Handgun23
Permit Act; and24
(5) (4)  Handgun  means  any  firearm  with  a  barrel  less  than  sixteen25
inches in length or any firearm designed to be held and fired by the use26
of a single hand; and .27
(6)  Prohibited  possessor  means  a  potential  purchaser,  lessee,28
renter, or transferee of a handgun who is prohibited from purchasing or29
possessing a handgun under state or federal law.30
Sec.  2.  Section  69-2404,  Reissue  Revised  Statutes  of  Nebraska,  is31
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amended to read:1
69-2404  Any  person  desiring  to  purchase,  lease,  rent,  or  receive2
transfer of a handgun shall apply with the chief of police or sheriff of3
the applicant's place of residence for a certificate. The application may4
be made in person or by mail. The application form and certificate shall5
be made on forms approved by the Superintendent of Law Enforcement and6
Public Safety. The application shall include the applicant's full name,7
address, date of birth, and country of citizenship. If the applicant is8
not  a  United  States  citizen,  the  application  shall  include  the9
applicant's place of birth and his or her alien or admission number. If10
the  application  is  made  in  person,  the  applicant  shall  also  present  a11
current  Nebraska  motor  vehicle  operator's  license,  state  identification12
card, or military identification card, or if the application is made by13
mail, the application form shall describe the license or card used for14
identification and be notarized by a notary public who has verified the15
identification  of  the  applicant  through  such  a  license  or  card.  An16
applicant shall receive a certificate if he or she is twenty-one years of17
age  or  older  and  is  not a  prohibited possessor from  purchasing  or18
possessing  a  handgun  by  18  U.S.C.  922.  A  fee  of  five  dollars  shall  be19
charged  for  each  application  for  a  certificate  to  cover  the  cost  of  a20
criminal history record check.21
Sec.  3.  Section  69-2405,  Reissue  Revised  Statutes  of  Nebraska,  is22
amended to read:23
69-2405  Upon  the  receipt  of  an  application  for  a  certificate,  the24
chief  of  police  or  sheriff  shall  issue  a  certificate  or  deny  a25
certificate and furnish the applicant the specific reasons for the denial26
in writing. The chief of police or sheriff shall be permitted up to three27
days  in  which  to  conduct  an  investigation  to  determine  whether  the28
applicant is a prohibited possessor by law from pur