No CCW for Me!! - Page 4

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; I hope this works out for you. This is rediculous.. Let us know when you are able to get your permit. ( I'm sure you ...

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Thread: No CCW for Me!!

  1. #46
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    Array kentuckycarry's Avatar
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    I hope this works out for you. This is rediculous.. Let us know when you are able to get your permit. ( I'm sure you will )


  2. #47
    Member Array kf4uel's Avatar
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    Sorry man

    A friend of the family from London threw some rocks at the police when he was 12 got cited and his parents paid the ticket 2 pounds in like 1960 here recently ...almost 50 years later ...aging and unable to retire he applies for a goverment job.... NOPE DENIED CRIMINAL history.... It could be much worse....


    Try to get that expunged...

  3. #48
    VIP Member Array cphilip's Avatar
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    Quote Originally Posted by peacefuljeffrey View Post
    Did you proceed to tell them about the Alice's Restaurant Massacree with four-part harmony and ... ?
    yea but when I got to the part about wanting to "KILL KILL KILL.... " that was the end of it.....

  4. #49
    Senior Member Array jofrdo's Avatar
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    Congratulations

    Runner 1717, how did you approach His Honor the Mayor to ask for the pardon? Did you just fill out the state pardon form and send it in, or did you contact him personally? I just read this thread from start to finish and found your case one of the more interesting posts I've seen in awhile. Come back to this thread and let us know when you get your permit.

    There may be one or more grassroots gun rights groups in your state that have the clout to get the CCW laws changed if you tell them your story. Anyway, I'm glad it worked out for you, and without having to spend an arm and a leg on a lawyer, and you've learned a lot along the way about Nebraska's legal bureaucracy.

  5. #50
    New Member Array runner1717's Avatar
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    Just to answer a couple of points:

    Answering YES to the "crimes of violence" is an automatic disqualifier according to the State Patrol.

    To own a Class III weapon (machinegun), only requires that you meet the criteria spelled out in Title 18. Same requirements as owning any other weapon. You do have to submit finger prints and photo, be signed off by the local Sheriff, and pass an FBI background check to make sure you qualify under Title 18.

    I used the paperwork I had gathered for the Governor’s pardon to use for the Mayoral pardon. A very personal three page form spelling out everything, a three page letter that I wrote. Three letters of recommendation (one from the original prosecuting attorney, one from the local Sheriff and one from a personal friend). All of the court papers from 20 years ago detailing everything.

    I then submitted everything to the Mayor. He knew what to expect because I had already discussed this with the City attorney. The Mayor interviewed me as well, as well as a couple of my references and then granted the pardon.

    A pretty embarrassing thing to have to go through! In retrospect, it was actually a lot faster dealing with this problem locally, than at the state level. A state pardon usually takes 3 months or more!

    I'll be heading to the NSP office on Monday to apply. Issue has been taking around two months.

    Keep your fingers crossed for me!!

    Mike

  6. #51
    Member Array fireman69's Avatar
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    Actually question 9 on the Nebraska State Patrol application form for a concealed handgun permit refers to "domestic violence" not "crimes of violence". There's a big difference. They way you worded it sounds like you were trying to say "crimes of passion". I've never heard of a "crime of violence" before.

    "Domestic violence" will disqualify you from purchasing a handgun at the federal level regardless of state. An attorney should have told you that you could apply and be granted your CHP based on what you explained here.
    Fireman

    Carrying either a Glock 23 or 30 each w/ TruGlo TFO in Comp Tac C-TAC holsters since obtaining Nebraska CHP in Feb. 2007

    <---------------------The reason I carry.

  7. #52
    New Member Array runner1717's Avatar
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    Quote Originally Posted by fireman69 View Post
    Actually question 9 on the Nebraska State Patrol application form for a concealed handgun permit refers to "domestic violence" not "crimes of violence". There's a big difference. They way you worded it sounds like you were trying to say "crimes of passion". I've never heard of a "crime of violence" before.

    Actually, if you look further down the form under question 9, you'll see:

    Sub Question 9 is: Have you ever been convicted in any court of a misdemeanor crime of domestic violence?

    This would be physical violence towards a spouse or family member. You are correct that a conviction under this question would keep you from purchasing a gun, PERIOD.

    Sub Question 10 is: Have you ever plead guilty or no contender or been convicted of a felony OR CRIME OF VIOLENCE?

    This means ANY "crime of violence", including ANY misdemeanor convictions. A simple fist fight (not a domestic fight), a misdemeanor crime of violence, acts as a disqualifier.

    A man was arrested for falsifying his application because he had a conviction of third degree assault from several years ago. The charges were dropped as they couldn't locate the court documents proving their case.

    http://www.kolnkgin.com/news/headlines/7332666.html

    ANY ASSAULT, domestic, simple, felony or misdemeanor will disqualify you from the CCW permit.

    Hope that clears the confusion.

    Mike

  8. #53
    Member Array fireman69's Avatar
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    Yes, you have to answer yes to that question but it's not an automatic disqualifier like domestic violence is. Read on in the application and it tells you what the disqualifications are. Misdemeanor assault isn't listed, it has to be a felony conviction. See page 5 of online application form at http://www.nsp.state.ne.us/docs/form...pplication.pdf
    Fireman

    Carrying either a Glock 23 or 30 each w/ TruGlo TFO in Comp Tac C-TAC holsters since obtaining Nebraska CHP in Feb. 2007

    <---------------------The reason I carry.

  9. #54
    Member Array PcMakr's Avatar
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    You can thank Sen. Frank Lautenberg for the "domestic violence" legislation. When it was written it was worded to make it unlawful to own or possess a firearm, even though the crime occurred years ago. This created a lot of problems with law enforcement, military, and security personnel that carried firearms as part of their occupation, not to mention the private sector. This was the first law that I know of that punished people for something that they did prior to the law being enacted. I wish somebody that had lots of clout would take this piece of garbage legislation to the USSC to test the constitutionality. I'm not sure it would pass.

  10. #55
    New Member Array runner1717's Avatar
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    Taken directly from page 5 of the application:

    An applicant must meet and maintain the following requirements:

    • Be at least twenty-one (21) years of age

    • Not be prohibited from purchasing or possessing a handgun by 18 U.S.C. 922 as that section existed on January 1, 2005

    • Have had no convictions in any court of a crime punishable by imprisonment for more than one year (generally felony offenses)

    • Not currently a fugitive from justice

    • Not an unlawful user or addicted to a controlled substance under 21 U.S.C. 802 Section 102 (this does not require a conviction)
    NSP1710 (01-07)

    • Have not been adjudicated as a mental defective or commitment to a mental institution – this includes a finding of Not Guilty By Reason of Insanity or incompetent to stand trial in a criminal proceeding but does not include a temporary Emergency Protective Custody (EPC).
    (Note that there are no time limits on this section)

    • Have not been discharge from the armed forces under dishonorable conditions – a dishonorable discharge, or the “dismissal” of an officer from the armed forces adjudged by a general court-martial. Both are punitive and are considered to be under dishonorable conditions by federal authorities

    • Have not renounced United States citizenship

    • Not subject of a court order prohibiting contact with intimate partner or child of partner if the order was issued after a hearing with actual notice and opportunity to participate and if the order includes a finding that the person represents a credible threat and explicitly prohibits the use of physical force against the intimate partner or child

    • Have had no convictions in any court of a misdemeanor crime of domestic violence

    • Must possess the eyesight necessary for a Class “O” operator’s license - the standard for automobiles

    • Not have plead guilty or no contender or been convicted of a felony or crime of violence in any jurisdiction

    • Not currently been adjudged mentally incompetent or have been found to be mentally ill and dangerous in the past ten (10) years. Emergency protective custody (EPC) does not disqualify an applicant unless it is followed by formal proceedings or treatment

    • Current resident of the State of Nebraska having been a resident for at least the past one hundred eighty (180) days

    • Have had no violations of any law relating to firearms, unlawful use of a weapon, or controlled substances in Nebraska or any other jurisdiction in the past ten (10) years. (Violations which disqualify include felonies, misdemeanors, infractions and violations of city ordinances)

    • Not be on parole, probation, house arrest, or work release for any type of offense of any degree. This disqualification does not include pre-trial diversion unless it is from a jurisdiction which requires the offender to enter a guilty plea before diversion

    • Be a citizen of the United States

    • Have successfully completed an approved training program



    I visited with both the State Patrol CCW Department as well as the State Patrol Legal Counsel, Steve Shaw. Both stated that ANY "crime of violence" WILL disqualify you.

    Steve gave me an example of a gentleman who had a misdemeanor assault over 50 years ago and was turned down.

    I just want this thread to be correct in case anyone else in Nebraska runs into this!

    Mike

  11. #56
    Member Array fireman69's Avatar
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    I'm not a lawyer but if that's the case why not make it crystal clear and say "any conviction of any crime of violence"? I guess I'm hung up on what "crime of violence" actually means. I had a FBI agent and a Trooper at my training class and they both said it pertained to "domestic violence" not a drunken bar brawl. Yet if you were a dope dealer 11 years ago you could apply and receive a CHP since it's past the 10 year stipulation. I'm glad you got your pardon. I still would like to see what stipulates a "crime of violence".

    Edit: Shame on me. I thought it said "felony of crime of violence" not "felony or crime of violence"
    Last edited by fireman69; May 14th, 2007 at 02:27 AM.
    Fireman

    Carrying either a Glock 23 or 30 each w/ TruGlo TFO in Comp Tac C-TAC holsters since obtaining Nebraska CHP in Feb. 2007

    <---------------------The reason I carry.

  12. #57
    Member Array CCMO's Avatar
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    Quote Originally Posted by Timmy Jimmy View Post
    Did you talk to #1 a lawyer and #2 your state representative, and finally #3 your Governor and ask for a pardon!
    Absolutely! You've got nothing to lose. This is the kind of case that you might well win. Good luck!

  13. #58
    New Member Array runner1717's Avatar
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    Well, what do you know.............the system does work!

    I just received my shiny new Nebraska CCW permit today!!!!!!!

    I got my Florida permit a few weeks ago (they didn't care about a fistfight 20 years ago).

    And all it took was a 100 phone calls, an application to the Govenor for a pardon, a pardon from the Mayor, conversations with the Chief of Police and the State Patrol's lawyer, a lot of embarrassment, 4 months time, and ...............

    I never want to hear anyone complain about how hard or long it takes to get a permit again..............

    WooHooooooooooooooooooooooooooo!!!!!!!!!!!!!!!

    Mike

  14. #59
    Member Array Spionen's Avatar
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    Congrats on the permit and a salute for your perseverance!
    Semper Paratus (Always Ready)


  15. #60
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    Relieved for you -been a long haul but good you were determined.
    Chris - P95
    NRA Certified Instructor & NRA Life Member.

    "To own a gun and assume that you are armed
    is like owning a piano and assuming that you are a musician!."


    http://www.rkba-2a.com/ - a portal for 2A links, articles and some videos.

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