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LEGISLATURE OF NEBRASKA
ONE HUNDRED SIXTH LEGISLATURE
SECOND SESSION
LEGISLATIVE BILL 816
Introduced by McCollister, 20.
Read first time January 08, 2020
Committee: Judiciary
1 A BILL FOR AN ACT relating to public health and welfare; to amend
2 sections 69-2401, 69-2402, 69-2403, 69-2404, 69-2405, 69-2406,
3 69-2407, 69-2408, 69-2409, 69-2409.01, 69-2410, 69-2411, 69-2412,
4 69-2414, 69-2417, 69-2420, 69-2421, 69-2422, 69-2423, 69-2424,
5 69-2425, 69-2426, 69-2432, 71-904.01, and 71-963, Reissue Revised
6 Statutes of Nebraska; to provide for dissemination of information
7 regarding firearm safety and suicide prevention and require suicide
8 prevention training; to require a certificate and provide for other
9 requirements and restrictions on transfers of certain firearms as
10 prescribed; to change provisions relating to issuance of a
11 certificate and an appeal; to provide penalties; to name an act; to
12 define and redefine terms; to harmonize provisions; and to repeal
13 the original sections.
14 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Sections 69-2401 to 69-2425 and sections 1, 2, 4, and 22
2 of this act shall be known and may be cited as the Firearm Transfer
3 Certificate Act.
4 Sec. 2. Section 69-2401, Reissue Revised Statutes of Nebraska, is
5 amended to read:
6 69-2401 The Legislature hereby finds and declares that the state has
7 a valid interest in the regulation of the purchase, lease, rental, and
8 transfer of handguns and certain semiautomatic shotguns and rifles and
9 that requiring a certificate prior to the purchase, lease, rental, or
10 transfer of such a firearm handgun serves a valid public purpose.
11 Sec. 3. Section 69-2402, Reissue Revised Statutes of Nebraska, is
12 amended to read:
13 69-2402 For purposes of the Firearm Transfer Certificate Act
14 sections 69-2401 to 69-2425:
15 (1) Antique handgun or pistol means any handgun or pistol, including
16 those with a matchlock, flintlock, percussion cap, or similar type of
17 ignition system, manufactured in or before 1898 and any replica of such a
18 handgun or pistol if such replica (a) is not designed or redesigned for
19 using rimfire or conventional centerfire fixed ammunition or (b) uses
20 rimfire or conventional centerfire fixed ammunition which is no longer
21 manufactured in the United States and which is not readily available in
22 the ordinary channels of commercial trade;
23 (2)(a) Barrel shroud means a shroud that is attached to, or
24 partially or completely encircles, the barrel of a firearm so that the
25 shroud protects the user of the firearm from heat generated by the
26 barrel.
27 (b) Barrel shroud does not include:
28 (i) A slide that partially or completely encloses the barrel; or
29 (ii) An extension of the stock along the bottom of the barrel which
30 does not encircle or substantially encircle the barrel;
31 (3) Belt-fed means any repeating firearm that:
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1 (a) Utilizes a portion of the energy of a firing cartridge to
2 extract the fired cartridge case and chamber the next round;
3 (b) Requires a separate pull of the trigger to fire each cartridge;
4 and
5 (c) Has the capacity to accept a belt ammunition feeding device;
6 (4) (2) Criminal history record check includes a check of the
7 criminal history records of the Nebraska State Patrol and a check of the
8 Federal Bureau of Investigation's National Instant Criminal Background
9 Check System;
10 (5) Designated firearm means:
11 (a) A handgun;
12 (b) A semiautomatic rifle that has the capacity to accept a
13 detachable magazine and has any of the following:
14 (i) A pistol grip, forward grip, or any other grip or stock, the use
15 of which would allow an individual to grip the weapon in such a way that
16 any finger on the trigger hand, in addition to the trigger finger, would
17 be directly below any portion of the action of the weapon when firing;
18 (ii) A folding, telescoping, or detachable stock;
19 (iii) A grenade launcher, rocket launcher, or flare launcher;
20 (iv) A barrel shroud;
21 (v) A threaded barrel; or
22 (vi) A flash suppressor;
23 (c) A semiautomatic rifle that has a fixed magazine with the
24 capacity to accept more than ten rounds, except for an attached tubular
25 device designed to accept, and capable of operating only with, .22
26 caliber rimfire ammunition;
27 (d) A semiautomatic rifle that has an overall length of less than
28 thirty inches;
29 (e) Any part, combination of parts, component, device, attachment,
30 or accessory that is designed or functions to accelerate the rate of fire
31 of a semiautomatic rifle but not convert the semiautomatic rifle into a
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1 machine gun;
2 (f) A semiautomatic shotgun that has any of the following:
3 (i) A folding, telescoping, or detachable stock;
4 (ii) A pistol grip, forward grip, or any other grip or stock, the
5 use of which would allow an individual to grip the weapon in such a way
6 that any finger on the trigger hand, in addition to the trigger finger,
7 would be directly below any portion of the action of the weapon when
8 firing;
9 (iii) A fixed magazine with the capacity to accept more than five
10 rounds;
11 (iv) The ability to accept a detachable magazine; or
12 (v) A grenade launcher, rocket launcher, or flare launcher;
13 (g) A shotgun with a revolving cylinder;
14 (h) A belt-fed semiautomatic rifle or belt-fed semiautomatic
15 shotgun;
16 (i) Any combination of parts from which a firearm described in
17 subdivisions (5)(b) through (h) of this section can be assembled; and
18 (j) The frame or receiver of a semiautomatic rifle or semiautomatic
19 shotgun described in subdivisions (5)(b) through (h) of this section;
20 (6) Detachable magazine means an ammunition feeding device that can
21 be removed from a firearm without disassembly of the firearm action;
22 (7) Firearm means any weapon which is designed to or may readily be
23 converted to expel any projectile by the action of an explosive or frame
24 or receiver of any such weapon;
25 (8) (3) Firearm-related disability means a person is not permitted
26 to (a) purchase, possess, ship, transport, or receive a firearm under
27 either state or federal law, (b) obtain a certificate to purchase, lease,
28 rent, or receive transfer of a designated firearm handgun under section
29 69-2404, or (c) obtain a permit to carry a concealed handgun under the
30 Concealed Handgun Permit Act; and
31 (9) Fixed magazine means an ammunition feeding device that is
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1 permanently fixed to the firearm in such a manner that it cannot be
2 removed without disassembly of the firearm;
3 (10) Folding, telescoping, or detachable stock means a stock that
4 folds, telescopes, detaches or otherwise operates to reduce the length,
5 size, or any other dimension, or otherwise enhances the concealability,
6 of a firearm;
7 (11) Forward grip means a grip located forward of the trigger that
8 functions as a pistol grip;
9 (12) Grenade launcher or rocket launcher means an attachment for use
10 on a firearm that is designed to propel a grenade, rocket, or other
11 similar destructive device;
12 (13) (4) Handgun means any firearm with a barrel less than sixteen
13 inches in length or any firearm designed to be held and fired by the use
14 of a single hand; .
15 (14) Machine gun has the same meaning as in section 28-1201;
16 (15) Pistol grip means a grip, a thumbhole stock, or any other
17 characteristic that can function as a grip;
18 (16) Rocket means any simple or complex tube-like device containing
19 combustibles that on being ignited liberate gases whose action propels
20 the tube through the air and has a propellant charge of not more than
21 four ounces;
22 (17) Semiautomatic rifle means any repeating rifle that:
23 (a) Utilizes a portion of the energy of a firing cartridge to
24 extract the fired cartridge case and chamber the next round; and
25 (b) Requires a separate pull of the trigger to fire each cartridge;
26 (18) Semiautomatic shotgun means any repeating shotgun that:
27 (a) Utilizes a portion of the energy of a firing cartridge to
28 extract the fired cartridge case and chamber the next round; and
29 (b) Requires a separate pull of the trigger to fire each cartridge;
30 and
31 (19) Threaded barrel means a feature or characteristic that is
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1 designed in such a manner to allow for the attachment of a device such as
2 a firearm silencer or a flash suppressor.
3 Sec. 4. (1) On or before January 1, 2021, the Nebraska State Patrol
4 shall adopt and promulgate rules and regulations creating a list of
5 commonly-available semiautomatic rifles, semiautomatic shotguns, parts,
6 combinations of parts, components, devices, attachments, and accessories
7 that qualify as designated firearms. The rules and regulations shall be
8 updated at least annually.
9 (2) The list shall be published on the patrol's web site and updated
10 at least annually.
11 (3) The absence of a firearm, part, combination of parts, component,
12 device, attachment, or accessory in the patrol's rules and regulations or
13 on the list shall not be construed to mean that an item that otherwise
14 qualifies as a designated firearm is not a designated firearm. This
15 subsection does not apply if the patrol has considered the item and
16 specifically found in its rules and regulations that the item does not
17 constitute a designated firearm.
18 Sec. 5. Section 69-2403, Reissue Revised Statutes of Nebraska, is
19 amended to read:
20 69-2403 (1) Except as provided in this section and section 69-2409,
21 a person shall not purchase, lease, rent, or receive transfer of a
22 designated firearm handgun until he or she has obtained a certificate in
23 accordance with section 69-2404. Except as provided in this section and
24 section 69-2409, a person shall not sell, lease, rent, or transfer a
25 designated firearm handgun to a person who has not obtained a
26 certificate.
27 (2) The certificate shall not be required if:
28 (a) The person acquiring the designated firearm handgun is a
29 licensed firearms dealer under federal law;
30 (b) The transaction involves handgun is an antique handgun;
31 (c) The person acquiring the designated firearm handgun is
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1 authorized to do so on behalf of a law enforcement agency;
2 (d) The transfer is a temporary transfer of a designated firearm
3 handgun and the transferee remains (i) in the line of sight of the
4 transferor or (ii) within the premises of an established shooting
5 facility;
6 (e) The transfer is between a person and his or her spouse, sibling,
7 parent, child, aunt, uncle, niece, nephew, or grandparent;
8 (f) The person acquiring the designated firearm handgun is a holder
9 of a valid permit under the Concealed Handgun Permit Act; or
10 (g) The person acquiring the designated firearm handgun is a peace
11 officer as defined in section 69-2429.
12 Sec. 6. Section 69-2404, Reissue Revised Statutes of Nebraska, is
13 amended to read:
14 69-2404 Any person desiring to purchase, lease, rent, or receive
15 transfer of a designated firearm handgun shall apply with the chief of
16 police or sheriff of the applicant's place of residence for a
17 certificate. The application may be made in person or by mail. The
18 application form and certificate shall be made on forms approved by the
19 Superintendent of Law Enforcement and Public Safety. The application
20 shall include the applicant's full name, address, date of birth, and
21 country of citizenship. If the applicant is not a United States citizen,
22 the application shall include the applicant's place of birth and his or
23 her alien or admission number. If the application is made in person, the
24 applicant shall also present a current Nebraska motor vehicle operator's
25 license, state identification card, or military identification card, or
26 if the application is made by mail, the application form shall describe
27 the license or card used for identification and be notarized by a notary
28 public who has verified the identification of the applicant through such
29 a license or card. An applicant shall receive a certificate if he or she
30 is twenty-one years of age or older and is not prohibited from purchasing
31 or possessing a firearm handgun by 18 U.S.C. 922. A fee of twenty five
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1 dollars shall be charged for each application for a certificate to cover
2 the cost of a criminal history record check.
3 Sec. 7. Section 69-2405, Reissue Revised Statutes of Nebraska, is
4 amended to read:
5 69-2405 (1) Upon the receipt of an application for a certificate,
6 the chief of police or sheriff shall issue a certificate or deny a
7 certificate and furnish the applicant the specific reasons for the denial
8 in writing. The chief of police or sheriff shall be permitted up to five
9 three days in which to conduct an investigation to determine whether the
10 applicant is prohibited by law from purchasing or possessing a firearm
11 handgun. If the certificate or denial is mailed to the applicant, it
12 shall be mailed to the applicant's address by first-class mail within the
13 five-day three-day period but no sooner than forty-eight hours after
14 receipt of the application. If it is determined that the purchase or
15 possession of a firearm handgun by the applicant would be in violation of
16 applicable federal, state, or local law, the chief of police or sheriff
17 shall deny the certificate.
18 (2) In computing the five-day three-day period, the day of receipt
19 of the application shall not be included and the last day of the five-day
20 three-day period shall be included. The five-day three-day period shall
21 expire at 11:59 p.m. of the fifth third day unless it is a Saturday,
22 Sunday, or legal holiday in which event the period shall run until 11:59
23 p.m. of the next day which is not a Saturday, Sunday, or legal holiday.
24 (3)(a) Subject to subdivision (3)(b) of this, no No later than the
25 end of the five-day three-day period the chief of police or sheriff shall
26 issue or deny such certificate and, if the certificate is denied, furnish
27 the applicant the specific reasons for denial in writing.
28 (b) A certificate shall not be issued sooner than forty-eight hours
29 after receipt of the application.
30 (4) When issuing any certificate under this section, the chief of
31 police or sheriff shall include with the certificate informational
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