Is it legal to buy a firearm with another States ccw permit

[jayfury007]

I went to cabelas and wanted to buy a hand gun but I have my cwp from Arizona I was Shopping in Nebraska where they have reciprocity laws that allow u to cc so my question is if I can cc there can I buy there also anyone know??? Thank you

 

[NavyLCDR]

I went to cabelas and wanted to buy a hand gun but I have my cwp from Arizona I was Shopping in Nebraska where they have reciprocity laws that allow u to cc so my question is if I can cc there can I buy there also anyone know??? Thank you

Your CCW permit has nothing to do with it. You can purchase a hand gun out of state, but you cannot take possession of it out of state, the seller will have to ship the handgun to an FFL in your state of residence for transfer to you.


18 USC 922 (a)(3), (a)(5) and (b)(3) are the applicable Federal laws:


18 U.S. Code § 922 - Unlawful acts | LII / Legal Information Institute


You pay for the handgun in Nebraska, they will ship it to an FFL in Arizona who will then do the form 4473 and whatever background checks are required and trasfer the gun to you.


You can purchase and take possession of a rifle or shotgun from an FFL out of state so long as the laws of both states (FFL and your state of residence) are complied with.


An out of state private party (non-FFL) must always deliver a firearm to an FFL for transfer to the buyer if the buyer does not reside in the same state as the seller.

 

[jayfury007]

Ok understood but I have a cwp from AZ non res but live in Nebraska waiting on my ccw from NE

 

[jayfury007]

So my question is can I buy and take possession of it in the Nebraska using az permit

 

[fuhr52]

If Nebraska or any state is like Oregon a cwp has nothing to do with buying a gun. Oregon has no interest in wether you have a permit or not. If you live in Nebraska and are buying a gun there, what ever Nebraska law say applies.

 

[NavyLCDR]

Ok understood but I have a cwp from AZ non res but live in Nebraska waiting on my ccw from NE

So my question is can I buy and take possession of it in the Nebraska using az permit

If you are a Nebraska resident, then your Arizona permit is not valid for carrying a concealed handgun in Nebraska (or anything else):
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The only difference having a Nebraska permit for purchasing firearms in Nebraska is that the permit will exempt you from the NICS background check. If you have a government issued document such as a driver's license that proves Nebraska residency then you can purchase firearms from a dealer in Nebraska. The dealer (Cabelas in this case) will have you complete a form 4473, they will record your identification document information on the form and if you don't have a Nebraska Concealed Handgun Permit they will either call or do a computer NICS background check which you should receive the results back instantly. If NICS (which is run by the FBI) says proceed, then they will record the NICS check number on the form 4473 along with the firearm information and you walk out of the store with your gun. If you had a Nebraska CHP they would not need to call or do the computer NICS check, they would just write down your CHP # instead.

 

[jayfury007]

I just came from Nebraska state patrol office due to the legalities of reciprocity you can carry concealed in Nebraska with an Arizona permit

 

[jayfury007]

Ty fuhr52 I understand what your saying

 

[jayfury007]

Navy not too sure what u mean but I spoke to a state trooper and he says the cwp is vaid from Az and honered by NE so not too sure where your getting your info but I suggest you do a lil more research but I do appreciate your input

 

[jayfury007]

http://www.usacarry.com/concealed_carry_permit_reciprocity_maps.html

 

[jayfury007]

Just a lil link or 2

 

[NavyLCDR]

Navy not too sure what u mean but I spoke to a state trooper and he says the cwp is vaid from Az and honered by NE so not too sure where your getting your info but I suggest you do a lil more research but I do appreciate your input

Did you read the document I linked to from the Nebraska State Police:
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Obviously not. The first two sentences of that document are, "On August 30, 2009, Nebraska began recognizing CCW permits issued by those states which the Nebraska Attorney General has determined have standards equal to or greater than Nebraska. This recognition extends ONLY to persons who are NOT residents of Nebraska."

The words in all caps are that way in the document for emphasis. So it's up to you.... go with the verbal word of the person you spoke to, or go with what is published in writing by the Nebraska state police.

 

[jayfury007]

I hear you ty doing more research as I type

 

[NavyLCDR]

Navy not too sure what u mean but I spoke to a state trooper and he says the cwp is vaid from Az and honered by NE so not too sure where your getting your info but I suggest you do a lil more research but I do appreciate your input

Concealed Carry Permit Reciprocity Maps - USA Carry

Just a lil link or 2

but I suggest you do a lil more research but I do appreciate your input

Sure, I'll do YOUR research for YOU.

Here's a lil link for you:

http://www.sos.ne.gov/rules-and-regs/regsearch/Rules/State_Patrol/Title-272/Chapter-21.pdf

That is Nebraska administrative code. In particular Title 272, Chapter 21, Section 004 "Reciprocity with other states":

"004.01 Permits issued by other states or the District of Columbia to persons who are not residents of Nebraska will be recognized as valid in Nebraska if they [sic] on the list maintained and published by the Nebraska Attorney General as jurisdictions issuing permits using standards which are equal to or greater than those in effect in Nebraska."

emphasis mine.

So, it's up to you what you want to go with. Personally, I would go with the actual Nebraska Administrative Code and the written document published by the State Police both of which state that your AZ permit is no good in Nebraska if you are a Nebraska resident.

 

[jayfury007]

Ty I am reading it all more carefully

 

[NavyLCDR]

Your AZ permit will not even exempt you from the 180 day residency requirement (which is in section 005.01G) because the exception for the 180 days residency stated in the same section is "Beginning January 1, 2012, if an applicant recently moved to Nebraska and possesses a valid permit to carry a concealed handgun issued by his or her previous state of residence that is recognized by this state pursuant to section 69-2448, such applicant shall be considered a resident of this state for purposes of this section;"

You non-resident AZ permit was not issued by your previous state of residence, so it is no good for that either.

 

[NavyLCDR]

Nebraska Statute:
Nebraska Legislature

69-2448. License or permit issued by other state or District of Columbia; how treated.

A valid license or permit to carry a concealed handgun issued by any other state or the District of Columbia shall be recognized as valid in this state under the Concealed Handgun Permit Act if (1) the holder of the license or permit is not a resident of Nebraska and (2) the Attorney General has determined that the standards for issuance of such license or permit by such state or the District of Columbia are equal to or greater than the standards imposed by the act. The Attorney General shall maintain and publish a list of such states and the District of Columbia which he or she has determined have standards equal to or greater than the standards imposed by the act.

 

[jayfury007]

Cool dude I appreciate ur help ty

 

[NavyLCDR]

However, none of this applies to the actual purchase of a firearm. This concealed handgun permit only applies to the legal ability to carry a handgun concealed, or loaded on public property within 1000' of a school in Nebraska. The Federal Gun Free School Zone Act regarding the 1000' of school property is 18 USC 922 (q)(2).

 

[jayfury007]

You are %100 right u tought an old dog a new trick ty sir 2 you I tip my hat if ur ever in Bellevue Ne first rounds on me if u dont drink soda for all