Question about getting a non-resident permit

This is a discussion on Question about getting a non-resident permit within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I applied for my CCW in NE late last year and was denied due to a 4 year old misdemeanor conviction. It was an attempted ...

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Thread: Question about getting a non-resident permit

  1. #1
    New Member Array xdhusker's Avatar
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    Question about getting a non-resident permit

    I applied for my CCW in NE late last year and was denied due to a 4 year old misdemeanor conviction. It was an attempted 3rd degree assault and NE won't allow a permit if you've been convicted of a misdemeanor "crime of violence" in the past 10 years.
    I'm in the process of appealing that decision because NE case law has never considered an "attempt" to be a crime of violence. This appeal will likely take another 6 months to a year.

    So, in the meantime I'm trying to think outside the box and am considering applying for a non resident permit somewhere. Doing some searching I noticed Utah has a "moral turpitude" denial that would catch me and Florida has to be 3 years after I completed my probation which would be another year from now.

    I just read through all of the Virginia requirements and it appears that I have to be more than 3 years away from an "assault" conviction which I am. So, that is the one I'm considering applying for.

    Does this sound like a good idea? NE honors just about everyone so I'm assuming if I get pulled over in NE (as a NE resident) but have a VA permit I'm still carrying lawfully.

    Do you guys have any other states you'd recommend over VA?

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    New Member Array xdhusker's Avatar
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    I did a little more digging and it looks like AZ is a better option.

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    NEBRASKA ADMINISTRATIVE CODE
    TITLE 272, NEBRASKA ADMINISTRATIVE CODE, CHAPTER 21 NEBRASKA STATE PATROL




    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 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.
    004.02 Nebraska issued permits will not automatically be recognized in all states on the list of permits honored in Nebraska. A few states have indicated that they will unilaterally honor Nebraska permits and some have entered into reciprocity agreements with Nebraska. The Nebraska State Patrol will maintain a web-site list (Nebraska State Patrol) of states known to honor Nebraska issued permits.

    Looks like your hosed.

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    Ex Member Array NotMallNinja's Avatar
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    Quote Originally Posted by xdhusker View Post
    I applied for my CCW in NE late last year and was denied due to a 4 year old misdemeanor conviction. It was an attempted 3rd degree assault and NE won't allow a permit if you've been convicted of a misdemeanor "crime of violence" in the past 10 years.
    I'm in the process of appealing that decision because NE case law has never considered an "attempt" to be a crime of violence. This appeal will likely take another 6 months to a year.

    So, in the meantime I'm trying to think outside the box and am considering applying for a non resident permit somewhere. Doing some searching I noticed Utah has a "moral turpitude" denial that would catch me and Florida has to be 3 years after I completed my probation which would be another year from now.

    I just read through all of the Virginia requirements and it appears that I have to be more than 3 years away from an "assault" conviction which I am. So, that is the one I'm considering applying for.

    Does this sound like a good idea? NE honors just about everyone so I'm assuming if I get pulled over in NE (as a NE resident) but have a VA permit I'm still carrying lawfully.

    Do you guys have any other states you'd recommend over VA?
    You're in Omaha so just move across the border to Iowa and call it a day. Iowa only seems to bar you if you have a misdemeanor domestic crime of violence conviction.

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    VIP Member Array blitzburgh's Avatar
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    Attempted assault? Interesting.

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    New Member Array xdhusker's Avatar
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    Wow, I can't believe I missed that. Yep, I do believe you are correct.
    I'm dam glad I posted this because I could have gotten myself in trouble. :)

  8. #7
    New Member Array xdhusker's Avatar
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    Quote Originally Posted by blitzburgh View Post
    Attempted assault? Interesting.

    Sent from my palm device
    Yeah, it looks weird. I was originally charged with 3rd degree assault and they let me plead down to attempted.

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    Senior Member Array BkCo1's Avatar
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    I would suggest you get your problem in NE cleared up instead of trying to get around it. You might wind up in more legal problems.
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    Member Array tricolordad's Avatar
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    +1 to clearing up the problems in NE. All Ii had to do was get a judge to seal my battery charge and i was good to go for Utah. Although that may have more to do with me being charged with battery for defending myself. Once upon a time you couldnt discern the border between WI and IL...or England for that matter. Glad things have changed.

    What i dont get is how "attempted" assault is even a charge. I say from the sound of it, you already paid the price. Lol

  11. #10
    New Member Array xdhusker's Avatar
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    Quote Originally Posted by tricolordad View Post
    +1 to clearing up the problems in NE. All Ii had to do was get a judge to seal my battery charge and i was good to go for Utah. Although that may have more to do with me being charged with battery for defending myself. Once upon a time you couldnt discern the border between WI and IL...or England for that matter. Glad things have changed.

    What i dont get is how "attempted" assault is even a charge. I say from the sound of it, you already paid the price. Lol
    Thanks guys, yeah I'm certainly pressing ahead with trying to get things cleared up here in NE. If for some reason I'm not successful with my CCW appeal then I'll file to get my conviction set aside. (need to do that anyways). This is going to be the most expensive CCW ever. haha

    I was hoping to find a legal loophole, but it looks like the lawmakers thought about that already.

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    VIP Member Array SmokinFool's Avatar
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    Quote Originally Posted by xdhusker View Post
    Thanks guys, yeah I'm certainly pressing ahead with trying to get things cleared up here in NE. If for some reason I'm not successful with my CCW appeal then I'll file to get my conviction set aside. (need to do that anyways). This is going to be the most expensive CCW ever. haha

    I was hoping to find a legal loophole, but it looks like the lawmakers thought about that already.
    More times than not the answer is not in trying to find a legal loophole. Best approach is to deal with this issue head-on and clear it up so that you can legitimately obtain a resident permit in NE.

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