LB275 LB275
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LEGISLATURE OF NEBRASKA
ONE HUNDRED SIXTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 275
Introduced by Hansen, M., 26.
Read first time January 15, 2019
Committee: Judiciary
1 A BILL FOR AN ACT relating to firearms; to amend sections 69-2402,
2 69-2404, 69-2405, 69-2409, 69-2409.01, 69-2410, 69-2411, 69-2412,
3 69-2414, 69-2421, 69-2422, 69-2424, 69-2425, 69-2427, 69-2429,
4 69-2430, 69-2436, and 69-2439, Reissue Revised Statutes of Nebraska;
5 to define terms; to require notification when a person prohibited by
6 state or federal law attempts to purchase, lease, rent, or receive
7 transfer of a handgun, apply for a permit or renew a permit to carry
8 a concealed handgun under the Concealed Handgun Permit Act, or has
9 such a permit revoked; to eliminate an obsolete provision; to
10 harmonize provisions; and to repeal the original sections.
11 Be it enacted by the people of the State of Nebraska,
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1 Section 1. Section 69-2402, Reissue Revised Statutes of Nebraska, is
2 amended to read:
3 69-2402 For purposes of sections 69-2401 to 69-2425:
4 (1) Antique handgun or pistol means any handgun or pistol, including
5 those with a matchlock, flintlock, percussion cap, or similar type of
6 ignition system, manufactured in or before 1898 and any replica of such a
7 handgun or pistol if such replica (a) is not designed or redesigned for
8 using rimfire or conventional centerfire fixed ammunition or (b) uses
9 rimfire or conventional centerfire fixed ammunition which is no longer
10 manufactured in the United States and which is not readily available in
11 the ordinary channels of commercial trade;
12 (2) Commission means the Nebraska Commission on Law Enforcement and
13 Criminal Justice;
14 (3) (2) Criminal history record check includes a check of the
15 criminal history records of the Nebraska State Patrol and a check of the
16 Federal Bureau of Investigation's National Instant Criminal Background
17 Check System;
18 (4) (3) Firearm-related disability means a person is not permitted
19 to (a) purchase, possess, ship, transport, or receive a firearm under
20 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 Handgun
23 Permit Act; and
24 (5) (4) Handgun means any firearm with a barrel less than sixteen
25 inches in length or any firearm designed to be held and fired by the use
26 of a single hand; and .
27 (6) Prohibited possessor means a person who is prohibited from
28 purchasing or possessing a handgun under state or federal law.
29 Sec. 2. Section 69-2404, Reissue Revised Statutes of Nebraska, is
30 amended to read:
31 69-2404 Any person desiring to purchase, lease, rent, or receive
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1 transfer of a handgun shall apply with the chief of police or sheriff of
2 the applicant's place of residence for a certificate. The application may
3 be made in person or by mail. The application form and certificate shall
4 be made on forms approved by the Superintendent of Law Enforcement and
5 Public Safety. The application shall include the applicant's full name,
6 address, date of birth, and country of citizenship. If the applicant is
7 not a United States citizen, the application shall include the
8 applicant's place of birth and his or her alien or admission number. If
9 the application is made in person, the applicant shall also present a
10 current Nebraska motor vehicle operator's license, state identification
11 card, or military identification card, or if the application is made by
12 mail, the application form shall describe the license or card used for
13 identification and be notarized by a notary public who has verified the
14 identification of the applicant through such a license or card. An
15 applicant shall receive a certificate if he or she is twenty-one years of
16 age or older and is not a prohibited possessor from purchasing or
17 possessing a handgun by 18 U.S.C. 922. A fee of five dollars shall be
18 charged for each application for a certificate to cover the cost of a
19 criminal history record check.
20 Sec. 3. Section 69-2405, Reissue Revised Statutes of Nebraska, is
21 amended to read:
22 69-2405 Upon the receipt of an application for a certificate, the
23 chief of police or sheriff shall issue a certificate or deny a
24 certificate and furnish the applicant the specific reasons for the denial
25 in writing. The chief of police or sheriff shall be permitted up to three
26 days in which to conduct an investigation to determine whether the
27 applicant is a prohibited possessor by law from purchasing or possessing
28 a handgun. If the certificate or denial is mailed to the applicant, it
29 shall be mailed to the applicant's address by first-class mail within the
30 three-day period. If it is determined that the purchase or possession of
31 a handgun by the applicant would be in violation of applicable federal,
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1 state, or local law, the chief of police or sheriff shall deny the
2 certificate and notify the commission pursuant to section 4 of this act.
3 In computing the three-day period, the day of receipt of the application
4 shall not be included and the last day of the three-day period shall be
5 included. The three-day period shall expire at 11:59 p.m. of the third
6 day unless it is a Saturday, Sunday, or legal holiday in which event the
7 period shall run until 11:59 p.m. of the next day which is not a
8 Saturday, Sunday, or legal holiday. No later than the end of the three-
9 day period the chief of police or sheriff shall issue or deny such
10 certificate and, if the certificate is denied, furnish the applicant the
11 specific reasons for denial in writing and notify the commission pursuant
12 to section 4 of this act. No civil liability shall arise to any law
13 enforcement agency if such law enforcement agency complies with sections
14 69-2401, 69-2403 to 69-2408 and section 4 of this act, and 69-2409.01.
15 Sec. 4. Upon issuing a denial under section 69-2405, the chief of
16 police or sheriff shall electronically send a copy of the application
17 under section 69-2404 and a notification of denial to the commission. The
18 notification shall include the identity of the prohibited possessor, the
19 date and time of the determination that the person was a prohibited
20 possessor, and the grounds for such determination. The notification shall
21 be sent in a form and manner prescribed by the commission.
22 Sec. 5. Section 69-2409, Reissue Revised Statutes of Nebraska, is
23 amended to read:
24 69-2409 (1) It is the intent of the Legislature that the Nebraska
25 State Patrol implement an expedited program of upgrading Nebraska's
26 automated criminal history files to be utilized for, among other law
27 enforcement purposes, an instant criminal history record check on handgun
28 purchasers when buying a handgun from a licensed importer, manufacturer,
29 or dealer so that such instant criminal history record check may be
30 implemented as soon as possible on or after January 1, 1995.
31 (2) The patrol's automated arrest and conviction records shall be
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1 reviewed annually by the Superintendent of Law Enforcement and Public
2 Safety who shall report the status of such records within thirty days of
3 such review to the Governor and the Clerk of the Legislature. The report
4 submitted to the Clerk of the Legislature shall be submitted
5 electronically. The instant criminal history record check system shall be
6 implemented by the patrol on or after January 1, 1995, when, as
7 determined by the Superintendent of Law Enforcement and Public Safety,
8 eighty-five percent of the Nebraska arrest and conviction records since
9 January 1, 1965, available to the patrol are included in the patrol's
10 automated system. Not less than thirty days prior to implementation and
11 enforcement of the instant check system, the patrol shall send written
12 notice to all licensed importers, manufacturers, and dealers outlining
13 the procedures and toll-free number described in sections 69-2410 to
14 69-2423.
15 (3) Upon implementation of the instant criminal history record check
16 system, a person who desires to purchase, lease, rent, or receive
17 transfer of a handgun from a licensed importer, manufacturer, or dealer
18 may elect to obtain such handgun either under sections 69-2401, 69-2403
19 to 69-2408 and section 4 of this act, and 69-2409.01 or under sections
20 69-2409.01 and 69-2410 to 69-2423.
21 Sec. 6. Section 69-2409.01, Reissue Revised Statutes of Nebraska, is
22 amended to read:
23 69-2409.01 (1) For purposes of sections 69-2401 to 69-2425 and
24 section 4 of this act, the Nebraska State Patrol shall be furnished with
25 only such information as may be necessary for the sole purpose of
26 determining whether an individual is disqualified from purchasing or
27 possessing a handgun pursuant to state law or is subject to the
28 disability provisions of 18 U.S.C. 922(d)(4) and (g)(4). Such information
29 shall be furnished by the Department of Health and Human Services. The
30 clerks of the various courts shall furnish to the Department of Health
31 and Human Services and Nebraska State Patrol, as soon as practicable but
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1 within thirty days after an order of commitment or discharge is issued or
2 after removal of firearm-related disabilities pursuant to section 71-963,
3 all information necessary to set up and maintain the data base required
4 by this section. This information shall include (a) information regarding
5 those persons who are currently receiving mental health treatment
6 pursuant to a commitment order of a mental health board or who have been
7 discharged, (b) information regarding those persons who have been
8 committed to treatment pursuant to section 29-3702, and (c) information
9 regarding those persons who have had firearm-related disabilities removed
10 pursuant to section 71-963. The mental health board shall notify the
11 Department of Health and Human Services and the Nebraska State Patrol
12 when such disabilities have been removed. The Department of Health and
13 Human Services shall also maintain in the data base a listing of persons
14 committed to treatment pursuant to section 29-3702. To ensure the
15 accuracy of the data base, any information maintained or disclosed under
16 this subsection shall be updated, corrected, modified, or removed, as
17 appropriate, and as soon as practicable, from any data base that the
18 state or federal government maintains and makes available to the National
19 Instant Criminal Background Check System. The procedures for furnishing
20 the information shall guarantee that no information is released beyond
21 what is necessary for purposes of this section.
22 (2) In order to comply with sections 69-2401 and 69-2403 to 69-2408,
23 section 4 of this act, and this section, the Nebraska State Patrol shall
24 provide to the chief of police or sheriff of an applicant's place of
25 residence or a licensee in the process of a criminal history record check
26 pursuant to section 69-2411 only the information regarding whether or not
27 the applicant is a prohibited possessor disqualified from purchasing or
28 possessing a handgun.
29 (3) Any person, agency, or mental health board participating in good
30 faith in the reporting or disclosure of records and communications under
31 this section is immune from any liability, civil, criminal, or otherwise,
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1 that might result by reason of the action.
2 (4) Any person who intentionally causes the Nebraska State Patrol to
3 request information pursuant to this section without reasonable belief
4 that the named individual has submitted a written application under
5 section 69-2404 or has completed a consent form under section 69-2410
6 shall be guilty of a Class II misdemeanor in addition to other civil or
7 criminal liability under state or federal law.
8 (5) The Nebraska State Patrol and the Department of Health and Human
9 Services shall report electronically to the Clerk of the Legislature on a
10 biannual basis the following information about the data base: (a) The
11 number of total records of persons unable to purchase or possess firearms
12 because of disqualification or disability shared with the National
13 Instant Criminal Background Check System; (b) the number of shared
14 records by category of such persons; (c) the change in number of total
15 shared records and change in number of records by category from the
16 previous six months; (d) the number of records existing but not able to
17 be shared with the National Instant Criminal Background Check System
18 because the record was incomplete and unable to be accepted by the
19 National Instant Criminal Background Check System; and (e) the number of
20 hours or days, if any, during which the data base was unable to share
21 records with the National Instant Criminal Background Check System and
22 the reason for such inability. The report shall also be published on the
23 web sites of the Nebraska State Patrol and the Department of Health and
24 Human Services.
25 Sec. 7. Section 69-2410, Reissue Revised Statutes of Nebraska, is
26 amended to read:
27 69-2410 No importer, manufacturer, or dealer licensed pursuant to 18
28 U.S.C. 923 shall sell or deliver any handgun to another person other than
29 a licensed importer, manufacturer, dealer, or collector until he or she
30 has:
31 (1)(a) Inspected a valid certificate issued to such person pursuant
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1 to sections 69-2401, 69-2403 to 69-2408 and section 4 of this act, and
2 69-2409.01; and
3 (b) Inspected a valid identification containing a photograph of such
4 person which appropriately and completely identifies such person; or
5 (2)(a) Obtained a completed consent form from the potential buyer or
6 transferee, which form shall be established by the Nebraska State Patrol
7 and provided by the licensed importer, manufacturer, or dealer. The form
8 shall include the name, address, date of birth, gender, race, and country
9 of citizenship of such potential buyer or transferee. If the potential
10 buyer or transferee is not a United States citizen, the completed consent
11 form shall contain the potential buyer's or transferee's place of birth
12 and his or her alien or admission number;
13 (b) Inspected a valid identification containing a photograph of the
14 potential buyer or transferee which appropriately and completely
15 identifies such person;
16 (c) Requested by toll-free telephone call or other electromagnetic
17 communication that the Nebraska State Patrol conduct a criminal history
18 record check; and
19 (d) Received a unique approval number for such inquiry from the
20 Nebraska State Patrol indicating the date and numb