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Thread: 17 going on 18.

  1. #1
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    17 going on 18.

    Hi, I am a new member and I would basically just like to ask a few questions. I am a resident of Nebraska, a state which I have come to know as an Open Carry friendly state. However, I am currently 17 years old. Some of my questions include the process of obtaining a handgun, which I know is not relevant to the Open Carry topic, but I do have other questions relating to that as well.

    First off, I will be turning 18 in November of this year. (Coincidentally the month that elections are held in.) I have thought about purchasing a firearm later in life, specifically at 21, but my concern is that that might not be as possible come the time, especially if Obama is reelected. I, in my own time have looked through Nebraska's handgun laws, and am not quite clear on a few subjects.

    1. If either of my parents obtains a permit to purchase a handgun, and does so, will I, having turned 18, be able to purchase said handgun from them legally and possess it legally?

    2. If the answer to the first question is yes, am I legally allowed the right to open carry at the age of 18? The reason I express interest in open carrying is I believe that unlike concealed carry, open carrying can stop a crime from ever even being attempted. I am aware that Omaha has a permit needed to open carry, but I live in Lincoln, so this is not a problem.

    If anyone could help answer my questions it would be much appreciated.

  2. #2
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    Quote Originally Posted by HarperHurst View Post
    Hi, I am a new member and I would basically just like to ask a few questions. I am a resident of Nebraska, a state which I have come to know as an Open Carry friendly state. However, I am currently 17 years old. Some of my questions include the process of obtaining a handgun, which I know is not relevant to the Open Carry topic, but I do have other questions relating to that as well.

    First off, I will be turning 18 in November of this year. (Coincidentally the month that elections are held in.) I have thought about purchasing a firearm later in life, specifically at 21, but my concern is that that might not be as possible come the time, especially if Obama is reelected. I, in my own time have looked through Nebraska's handgun laws, and am not quite clear on a few subjects.

    1. If either of my parents obtains a permit to purchase a handgun, and does so, will I, having turned 18, be able to purchase said handgun from them legally and possess it legally?

    2. If the answer to the first question is yes, am I legally allowed the right to open carry at the age of 18? The reason I express interest in open carrying is I believe that unlike concealed carry, open carrying can stop a crime from ever even being attempted. I am aware that Omaha has a permit needed to open carry, but I live in Lincoln, so this is not a problem.

    If anyone could help answer my questions it would be much appreciated.

    I don't know your state's laws, but I would start by seeing what their laws are concerning intrastate PRIVATE SALES. I am a FL resident, and in my great state I was able to purchase a handgun at 18 via private sale.
    Next, see if OC requires a permit. If it doesn't, see if it has an age requirement. If neither of those exist (and OC is generally legal), 18 is probably the age limit for OC of any kind.
    Although it may seem irrelevant, some states (such as Ohio) have laws that prohibit handgun purchases to anyone under 21 period (including private sales) but allow OC without a permit and no age limit (besides federal 18). Although it's easy to see the spirit of Ohio's laws, an 18 year old FL resident who obtained their handgun legally (FL resident to FL resident private sale made inside FL's borders) can handgun OC in Ohio at 18 without a permit, whereas an 18 year Ohio resident can't generally handgun OC at 18 unless they somehow got the handgun legally (which is generally prohibited by their state laws...not sure about exceptions military/LEO/state swapping resident with gun from old state).

    The point of my post is to encourage you to keep looking-just know that it may seem extremely complex. This is an age group that most people don't care about when it comes to rights, so cops and gun store owners alike tend to blow you off. In my state I tried buying a handgun from a private sale at a gun show but the seller wasn't sure so he asked a cop to come over and he ignorantly said it was illegal. Keep looking for your answers...I'm sure someone has them.

    Best wishes from a fellow under-21er,

    Jake8x7
    Last edited by Jake8x7; 04-11-2012 at 05:01 PM.

  3. #3
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    Thanks Jake. I believe in a collection of gun laws that I have read is that there is no permit required to open carry, unless living within the city of Omaha. (Which I do not.) I also have read that in order to purchase a handgun specifically, one must first obtain a "Firearm Purchase Permit" first, which requires you to be 21 in order to obtain. However, the need of the Firearm Purchase Permit is not needed if:

    " * The person acquiring the handgun is a licensed firearms dealer;
    * The handgun is an antique;
    * The person acquiring the handgun is authorized to do so on behalf of a law enforcement agency;
    * The transfer is temporary and the transferee remains within (a) in the line of sight of the transferor or (b) within the premises of an established shooting facility; or
    * The transfer is between a person and his or her spouse, sibling, parent, child, aunt, uncle, niece, nephew, or grandparent. "

    According to the fifth point: I do see that the answer to my first question would be yes. Albeit, there are no such instances of an age requirement being listed in a collection of open carry rights. From what I read in your post, that sort of makes the open carry age 18 de facto. However, I would not want to simply assume that at the time I might obtain a handgun and carry it, so I still have no way of clarifying this.

  4. #4
    Moderator / Administrator Grapeshot's Avatar
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    When quoting the law, it is always good to cite the reference - see below.

    While there is a permit to purchase required, there are exceptions which may apply to you.
    http://law.justia.com/codes/nebraska...9/69-2403.html
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    HarperHurst:

    Nebraska State Law REQUIRES a Person to be at least 18 Years Old in Order to Own or Possess a Firearm.

    HOWEVER, a Person NEEDS to be at least 21 Years Old to Apply for, and Receive, a Concealed Handgun Permit in Nebraska.

    aadvark

    *** The Net Effect of This is that You may Open Carry at 18 Years Old, but You may NOT Concealed Carry until You are at least 21 Years Old. ***
    Last edited by aadvark; 04-19-2012 at 08:18 PM.

  6. #6
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    Quote Originally Posted by aadvark View Post

    Nebraska State Law REQUIRES a Person to be at least 18 Years Old in Order to Own or Possess a Firearm.

    --snip--
    Well not really, there are workable exceptions:

    It is unlawful for a person under 18 years of age to possess a handgun. This prohibition does not apply to a juvenile in the armed forces or the temporary loan of a handgun for instruction under the immediate supervision of a parent or guardian or adult instructor. It is unlawful to knowingly and intentionally sell, loan, or in any other way transfer the possession of a firearm to a person under 18 years of age or to attempt to do so. This prohibition does not apply to the transfer of a firearm, other than a handgun:

    • From a relative within the second degree of consanguinity (usually this describes a parent, grandparent, aunt or uncle of the child) or affinity (marriage) if the transfer of physical possession of the firearm does not occur until express permission has been obtained from the juvenile’s parent or guardian.
    • For a legitimate and lawful shooting purpose.
    • To a juvenile who is under direct adult supervision in an appropriate educational program.

    This prohibition also does not apply to the transfer of a handgun to a juvenile in the armed forces; or the temporary loan of a handgun for instruction under the immediate supervision of a parent or guardian or adult instructor.

    http://crime.about.com/od/gunlawsbys...gunlaws_ne.htm
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Okay, from what I have been led to understand is that at the time I turn 18, if my parents purchase a handgun with a valid permit that they can legally transfer it to me, and I can legally own/possess it.

    My only question still, is whether or not I can OPEN carry it at age 18, since CC requires I be age 21.

    If someone could help me answer this final question, it would be highly appreciated,

    Thanks!

  8. #8
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by HarperHurst View Post
    Okay, from what I have been led to understand is that at the time I turn 18, if my parents purchase a handgun with a valid permit that they can legally transfer it to me, and I can legally own/possess it.

    My only question still, is whether or not I can OPEN carry it at age 18, since CC requires I be age 21.

    If someone could help me answer this final question, it would be highly appreciated,

    Thanks!
    18 yo to OC in Nebraska, but not good in Omaha/Douglas Co. The last I checked you have to have a special permit to OC there and be 21 to get it.
    http://opencarry.org/ne.html
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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