No CCW for Me!!
This is a discussion on No CCW for Me!! within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Welcome to CC, sorry to hear about your situation....
April 18th, 2007 03:58 PM
Welcome to CC, sorry to hear about your situation.
EOD - Initial success or total failure
April 18th, 2007 04:07 PM
I agree with Timmy Jimmy, talk to an attorney. I would also find which state legislator's are pro self defense and cc, and see if one would sponsor a reasonable bill to allow for your circumstances: X number of years with no offenses, no history of weapons related crimes, etc.... The attorney can find out if you the state still has a record of your brawl.
April 18th, 2007 06:07 PM
All is not lost. There have been several cases here in Minnesota where people have successfully gotten their permit after having been denied for youthful indiscretions.
You can't admit defeat because you haven't fought yet. Take the advice here, at least find out if the record exists. Also, to hire an Attorney for advice and some strategic letters won't bankrupt you, it's not a trial.
Don't give up. Keep trying and in the meantime, don't smack anyone in the mouth.
April 18th, 2007 06:15 PM
I would ask a Nebraska attorney if "Expungement" is a possible solution to your situation. IIRC an similar situation was raised in California last year and discussed here on CC, with good results.
Good luck. Welcome too.
April 18th, 2007 06:19 PM
That is absolutey ludicrous!! I would definitely talk with an attorney to see what your options are. You shouldn't be denied because you got into a fistfight 20 years ago.
"Do not fear those who disagree with you; fear those that do and are too cowardly to admit it" - Napoleon
April 18th, 2007 07:04 PM
Was this originally a felony reduced down? A simple assualt conviction with injuries and a victim is much diiferent than swinging an open hand slap at a drinking buddy, that just happened to be witnessed by a passing Police. Assaultive behavior and alcohol?I would think a judge would hear your case and find in your favor or the states Gun Boards favor.Not being a wagering person I think shall issue states are generally very open on allowing hearings in front of a judge.Judges on the local level run in elections and generally do reasonable things that are brought up again on election years by the opposing candidates. Do you really want to have your issue discussed in open court under rules of evidence. Gun forum feedback to partial non evidence is not admissable. Good luck .
I am an American. I vote. I will serve on a jury when called. Its a MEMBERS ONLY thing.
April 18th, 2007 11:13 PM
Thanks for the warm welcome everyone!!
This matter really DOES suck, that's for sure!
To answer a few of the questions:
I was charged and pled "no contest" to 3rd degree assault, a misdemeanor. I really didn't have the money at the time to fight this and I was assured I wouldn't lose any rights because of this, because it's "only" a misdemeanor. The sad parts is, is that HE came at me and I defended myself. But because he came out on the worst end of things, I was the one that was charged! (Guess those taekwondo lessons paid off)
I've checked and the charge still shows up at the PD. Even if it didn't, I couldn't lie on the form as that's a class 4 FELONY!
I've contacted my local legislator, but because he's new he had no idea what to do. A couple of bills amending the CCW law came up this year so I contacted the introducers of the bills but received no response. Both bills never made it to the floor anyway.
I've talked to my attorney and the State Patrol's attorney (the State Patrol issues the CCW) and both agreed the bill was poorly written and needed to be change. That will take YEARS here!!
Nebraska has no way to expunge or seal a criminal record. I could have the offense "set aside" but that still won't qualify me. The only other recourse I have is to apply to the Governor for a pardon, which is what I'm in the process of doing now. A hell of a lot of paperwork, embarrassment and it will take up to a year.
Even with a pardon, it sounds like it's going to be an up hill battle. The patrol tells me that even a pardon won't qualify me (they're wrong, it will), so after I'm turned down I'll have 10 days to appeal to the department. If that goes South then it's off to District court.
You know, I really probably don't "need" a CCW but it just pi$$e$ me off that I can't have one. I'm kinda like a rabid dog when it comes to an issue I'm right about.....
I did apply for a Florida permit which will let me carry in 30 states, not including Nebraska as Nebraska doesn't recognize any other state's permit (imagine that). I qualify for Florida as they have a 3 year limit on "crimes of violence" (make a little more sense to me!).
I can't move to a different state as dang it, I was born here and dang it, I'm gonna die here! (Think Gabby Johnson from Blazing Saddles)
I do appreciate the support from the group here and it just makes me even more determined to win!!!!!!
Last edited by runner1717; April 18th, 2007 at 11:28 PM.
April 19th, 2007 12:37 AM
Don't count on it not showing up. My wife was denied her permit for a conviction involving underage drinking 41 years ago. She is currently appealing that denial.
April 19th, 2007 02:33 AM
Is answering Yes to that question actually disqualifying? Is it on a juvenile record, and does that count? Does a "no contest" plea count the same as a conviction? Check the statute, maybe ask a lawyer.
Sometimes they throw that kind of question in hoping that you'll lie and THEN they can deny the permit.
"I am a Soldier. I fight where I am told, and I win where I fight." GEN George S. Patton, Jr.
April 19th, 2007 03:31 AM
Never been to Nebraska but I am pretty sure that the 100 citizens in your fine city of Lincoln won't be too offended by the open carry. :)
But all joking aside I am very sorry to hear your story. Good luck with the Governor.
Now, we must all fear evil men. But there is another kind of evil which we must fear most, and that is the indifference of good men.www.Lonelymountainleather.com
April 19th, 2007 09:43 AM
What about a non-resident permit from another state????
"If we loose Freedom here, there's no place to escape to. This is the Last Place on Earth!" Ronald Reagan
May 10th, 2007 08:16 PM
Just an update.......
I applied for a Pardon from the State Board of Pardons and found that my crime wasn't something they could pardon. Seems I was charged under a city ordinance, not state law, and they can't offer a pardon on crimes committed under a city ordinance!
I asked how I could obtain a pardon and they said only the Mayor of the city where I committed the crime could offer a pardon. Well, I happen to still live in that city so I applied for one using my State Pardons documents and was granted a pardon!
I checked with the NSP legal branch and was told that a pardon is a pardon, no matter the source and that I now should be eligible for a permit!
Nebraska really does need a time limit of some sort on their "crimes of violence" provision. Florida has a 3 year limit and I qualified there.............
Sorry, but a fist fight 20 years ago shouldn't have a bearing on a concealed weapons permit!
May 10th, 2007 08:26 PM
well I am glad that the sytem worked in the end!
If it is not in the US Constitution then the Federal Government should not be doing it.
"Carrying a gun is a social responsibility."
May 10th, 2007 08:43 PM
That is AWSOME! I'm very happy for you. Sounds like your a good person that deserves the right to defend yourself!
Being peaceful does not guarantee peace, strength and a willingness to commit violence when needed does.
May 10th, 2007 08:52 PM
Good for you. I am thrilled the system worked out for you. Sadly others probably won't be as lucky.
"The only people I like besides my wife and children are Marines."
- Lt. Col. Oliver North
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