How to Sell a Gun in Nebraska?
Selling a gun in Nebraska can be a difficult task. It requires knowledge of the state’s firearm laws to ensure gun owners are in compliance and don’t make any mistakes. The state of Nebraska has several laws concerning the ownership, transfer, and the carrying of firearms. If you’re considering selling a gun to another individual, make sure you’re up to speed with the laws that regulate transfers to ensure you’re not breaking any laws.
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The following information is compiled from the Nebraska State Legislature’s official website.
What are the Requirements to Legally Purchase a Firearm in Nebraska?
In order to purchase a firearm legally, the buyer must be 18 years old to purchase rifles, shotguns and ammunition. Buyers looking to purchase handguns must be at least 21 years old. Nebraska law imposes specific requirements on buying, selling and carrying handguns, including issuing
permits to buy handguns and permits to carry concealed handguns.
Anyone purchasing a firearm from a licensed firearms dealer must complete a Bureau of Alcohol, Tobacco & Firearms form 4473 (firearms transaction form). This form will be maintained by the dealer. A firearms purchaser must, under the permanent provisions of the Federal Brady Law, also undergo a National Instant Criminal Background Check System check, which will be performed by the firearms dealer.
This check will indicate to the dealer whether the purchaser’s background allows for the person to complete the purchase of the firearm. If the check disallows the sale for no warranted reason, there is an appeal process the purchaser can pursue to receive the necessary clearance to complete the purchase.
Nebraska has a split system for authorizing firearms transactions, having developed an alternative permit system for the sale of handguns. The Nebraska system requires a prospective purchaser to first apply for and receive a handgun purchase certificate from the local chief of police or sheriff. Applicants must pay a five-dollar application fee. The local law enforcement agency then conducts a background
check on the applicant.
Private Party Sales – Selling a Gun to an Individual
Selling to a Federal Firearms License (FFL) is much easier, but if you want to sell to a private party you’ll want to be informed.
Private sellers are not required to conduct background checks on handgun buyers in Nebraska. Generally, Nebraska law requires persons to have a handgun purchase certificate before purchasing, leasing, renting, or receiving a handgun and prohibits persons from selling, leasing, renting, or transferring a handgun to persons who do not have a certificate.
The background check is required as part of the application for a handgun purchase certificate and that check is conducted by the authorizing law enforcement agency, either the local sheriff’s office or police department. However, private sellers are not exempt from laws prohibiting knowingly selling a firearm to a felon or a juvenile.
Handgun certificates are good for three years from the date of issuance and allow the holder to purchase any number of handguns during this period, provided the holder continues to meet the legal requirements to purchase and possess handguns.
Finally, state law does not prohibit municipalities from enacting stricter provisions. Omaha and Lincoln are among municipalities that impose additional regulations within their jurisdictions. Among its provisions, Lincoln requires licensed dealers to report handgun sales occurring in the city to the police department. Omaha requires handgun sales in the city to be approved by the police and requires residents and visitors alike to register handguns possessed within the city limits.
Here is the Bureau of Alcohol, Tobacco, Firearms and Explosives guidance on the transfer of a firearm by private sellers.
Nebraska State Firearm Prohibitors
The following disqualifies a person in Nebraska from purchasing a firearm.
FEDERAL DISQUALIFICATION CATEGORIES
• Conviction (felony or misdemeanor) where the crime has a maximum imprisonment term exceeding 1 year (even if a buyer did not receive actual imprisonment exceeding 1 year).
• Warrant (felony or out-of-state misdemeanor).
• Felony pre-trial release.
• Misdemeanor crimes of domestic violence restraining/stalking/protection order mental health adjudication or commitment.
• Unlawful use or addicted to a controlled substance (including marijuana).
• Dishonorable discharge from the armed forces.
• Renounced U.S. citizenship.
• Illegal alien.
NEBRASKA SPECIFIC DISQUALIFIERS (in addition to the above federal disqualifiers)
• Providing false information on the application for a purchase certificate. It is a Class IV felony and violating any provisions of the handgun certificate process are Class I misdemeanors. Convictions of either offense can result in having firearms confiscated.
• Making a materially false oral or written statement or furnishing false identification by any person in connection with a handgun purchase or attempted purchase. Doing so is a Class I misdemeanor.
• Buying a firearm for a person known to be prohibited by law from buying or possessing a handgun. Doing so is a Class IV felony.
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The information contained on this website has been prepared as a service to the internet community and is not intended to constitute legal advice. CashMyGuns.com has used reasonable efforts in collecting, preparing, and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy, or currency of the information contained in or linked to this website. Users of information from this website or links do so at their own risk and should consult their local firearm law resources and/or an attorney when engaging in selling a firearm. The cited information in this article was obtained on 07/26/21 from https://nebraskalegislature.gov/pdf/reports/research/firearmlaws_2016.pdf