I am able to carry a concealed handgun in Nebraska ?

This is a discussion on I am able to carry a concealed handgun in Nebraska ? within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; I am a 52yr old woman who worked as a Registered Nurse for over 20 years. I became addicted to prescription drugs due to severe ...

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Thread: I am able to carry a concealed handgun in Nebraska ?

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    New Member Array AnnMarsh's Avatar
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    Question I am able to carry a concealed handgun in Nebraska ?

    I am a 52yr old woman who worked as a Registered Nurse for over 20 years. I became addicted to prescription drugs due to severe migraines, and had my nursing license revoked. I have been thru treatment twice and had a total of 3 relapses before I was able to maintain my sobriety. I have remained drug free for 8 1/2 yrs. Although I am able to re-apply for my nursing license, I have chosen not to, so that I do not have easy access to prescription drugs. I do not have any type of legal record what so ever, and have never been charged legally with any type of crime.However, all of my history of abusing prescription drugs is easy to access on-line under the regulatory Nursing Board of Licensing. Am I prohibited to get a permit to carry under federal law 18 U.S.C 802 section 102 ? I know that I am a good person....and just felt devastated when I read this. Please help me understand this law, thank you.

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    Member Array AngryBadger417's Avatar
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    A friend of mine had a substance abuse problem, he has no moral flaws, he is not a bad person at all, things happen and that does not change who you are. He does have a CWP in West Virginia, it asks if you are an unlawful user of or addicted to any controlled substance, he has not used in two years so he can say NO without feeling like he is lying, he got approved in 5 Days. I say go for it! If you get rejected found out why and what you need to do to get approved. Something from your past shouldn't determine the course of your life.
    Say 'what' again! I dare you! I double dare you!-Jules Winnfield aka Samuel L Jackson

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    VIP Member Array aus71383's Avatar
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    I tried to look up what you referenced - 18 u.s.c. 802 section 102 - couldn't find any such thing.

    If I had to guess I'd say you're fine. Most carry laws are along the same lines as being able to purchase a firearm in the first place - some states require proof of training/competency, others don't. So - if you can own a gun in your state, you can probably get a license to carry concealed.

    That said - look up your state laws. handgunlaw.us has lots of good info - you can look up your state and find out lots more about it. If you know you're a good person, and you want to carry, you'll be able to carry in most states.

    Austin
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    Distinguished Member Array dangerranger's Avatar
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    Federally, I think you are OK but you would have to check your state and local laws. Here in CA there are some time limits, like 5 years after having a Dr saying you are a danger to your self or others to even have access to a gun. Or 10 years after the commition of a felony before you can ask to have your rights restored. So check with your local government. DR

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    Member Array DannyB1954's Avatar
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    I tried to look up your posted law and did not find it, But I am certain that on my CCW application the question was have you been treated during the last 5 years. If you application question is the same, then you can answer no, because you have 8 1/2 years since treatment. Here in Nevada the permits are issued by the county, but they are honored everywhere in Nevada, ( and some other states as well).
    I would go to your local police branch and ask them for the application forms for concealed carry. The rules that you have to live by will be spelled out there.

    I have not used alcohol or drugs since 13 Feb 1978, so you can do it too. The past is to learn from, not to live in. I think we both realize that drinking and drugging are not the things to do now. Good luck to you.
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    Member Array CAS_Shooter's Avatar
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    Permit Application

    As for federal law, you want:

    http://codes.lp.findlaw.com/uscode/18/I/44/922

    Nothing in federal law appears to prevent you from owning or carrying. State laws will determine what you can do. Do you legally own a handgun in Nebraska. If so, if you meet the requirements on the Carry Permit Applicatio, you should be good.

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    First off, welcome to the forum.

    As to your question. While you may receive many differing answers and suggestions here, the best thing you can do is contact a lawyer who deals in firearms matters. I'd start with your Nebraska grassroots organization in the search for a lawyer to answer your questions. Sorry I can't be of any more help.
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    GH
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    Welcome to Defensive Carry.com!

    Try calling the agency that issues your state's carry permits. They can give you an answer, I'm sure. That failing - if your state works the same as WI send in an application with the fees & there's a good chance that if you're turned down they'll send your check back to you. Nothing lost. Make sure you answer all the questions on the app truthfully. If you call the agency they'll probably tell you if you need any further documentation to show you're completely clear. If there was a felony attached to your addiction that might be a completely different story.

    I'm not a lawyer so take this advice carefully. Check everything out with the authorities.
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    Rigorous honesty may play well in meetings, but I'm convinced it is never a good idea to mention resolved substance issues on any type of application or health history.
    "When you have to shoot, shoot, don't talk."
    Tuco

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    Senior Member Array mastercapt's Avatar
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    OK. Let me read a bit between the lines "abuser of prescription" drugs...."
    The key word here is prescription.
    I have gone thru drug tests for employment especially for gov't contract. i had some medical issues a while back which involved controlled substances prescribed. One one test I showed a low level of something which was just barely over the limit. The tseting doc called me and asked what Iw as taking, and the prescribing doc.
    They said no problem.
    File the CWP papaerwork and if rejected, go and get a drug test done, and apeal with the drug test results in hand.
    Thats what I would do.

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    VIP Member Array dukalmighty's Avatar
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    I'm a recovering addict 7/11/91 clean date.I had a misdemeanor record and still was able to get a CHL.I see no reason not to,but that would depend on the State you reside in.
    I just saw your in NE,I would think you shouldn't have a problem
    "Outside of the killings, Washington has one of the lowest crime rates in the country,"
    --Mayor Marion Barry, Washington , DC .

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    Ex Member Array gregnsc's Avatar
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    Just a suggestion.You may want to ask the Sheriff,where you live,if possible.Good luck

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    Quote Originally Posted by dukalmighty View Post
    I'm a recovering addict 7/11/91 clean date.I had a misdemeanor record and still was able to get a CHL.
    Did you put your recovering addict/clean date status on your CHL app?
    "When you have to shoot, shoot, don't talk."
    Tuco

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    RSV
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    Here's the actual application:

    https://statepatrol.nebraska.gov/med...cwapp_2012.pdf

    And questions that may apply to your situation:

    d. Are you an unlawful user or addicted to a controlled substance under 21 U.S.C. 802 Section 102 (this does not require a __ Yes __ No conviction)? If yes, please provide dates, times, and places of use. _________________________________________________

    m. Have you ever had a conviction for violation of any law relating to firearms, unlawful use of a weapon, or controlled substances __Yes __No in Nebraska or any other jurisdiction in the past ten (10) years? (Convictions which disqualify include felonies, misdemeanors, infractions and convictions for violation of city ordinances).

    Based on your original post, you are NOT currently an unlawful user or addicted to a controlled substance and you have never been convicted of unlawful use of a controlled substance.
    Last edited by RSV; January 18th, 2013 at 11:19 AM. Reason: Correction pointed out by Mike1956

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    Quote Originally Posted by RSV View Post
    Here's the actual application:

    https://statepatrol.nebraska.gov/med...cwapp_2012.pdf

    And questions that may apply to your situation:

    d. Are you an unlawful user or addicted to a controlled substance under 21 U.S.C. 802 Section 102 (this does not require a __ Yes __ No conviction)? If yes, please provide dates, times, and places of use. _________________________________________________

    m. Have you ever had a conviction for violation of any law relating to firearms, unlawful use of a weapon, or controlled substances __Yes __No in Nebraska or any other jurisdiction in the past ten (10) years? (Convictions which disqualify include felonies, misdemeanors, infractions and convictions for violation of city ordinances).

    Based on your original post, you are currently an unlawful user or addicted to a controlled substance and you have never been convicted of unlawful use of a controlled substance.
    Did you mean "not currently an unlawful user"?
    "When you have to shoot, shoot, don't talk."
    Tuco

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