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Author Topic: CCW revocation  (Read 257 times)

Offline briellio

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CCW revocation
« on: August 26, 2018, 10:32:11 AM »
I have a question regarding Nebraska CCW revocation. I recently had my permit revoked by the State Patrol because I have been sentenced to probation. This is for a misdemeanor charge of disturbing the peace.
I understand that i can reapply for a new permit once I complete probation. My question is, when they do the background check, can they still deny me a permit because of the circumstances surrounding my disturbing the peace charge, even though it's a misdemeanor and not a crime of violence?
Thanks

Offline Jito463

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Re: CCW revocation
« Reply #1 on: August 26, 2018, 11:40:13 AM »
I have a question regarding Nebraska CCW revocation. I recently had my permit revoked by the State Patrol because I have been sentenced to probation. This is for a misdemeanor charge of disturbing the peace.
I understand that i can reapply for a new permit once I complete probation. My question is, when they do the background check, can they still deny me a permit because of the circumstances surrounding my disturbing the peace charge, even though it's a misdemeanor and not a crime of violence?
Thanks

According to 18 USC subsection 922 - which is the basis for determining who can and cannot purchase a firearm, and is also used by the NSP to determine eligibility for a CHP - the only misdemeanor I can find that would restrict you is related to domestic violence.
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(9) who has been convicted in any court of a misdemeanor crime of domestic violence,
With the added qualifier that I am not a lawyer, obviously.

*EDIT*
Addendum, as I hit post too soon (meant to preview):
However, the NSP does have - in Section 005.01E the following phrase:
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Not have been convicted of a misdemeanor crime of violence in any jurisdiction.  This qualification is limited to those misdemeanor crimes of violence where the plea or finding of guilty occurred within the ten (10) years immediately preceding the date of application
Similar verbiage, but without the "domestic" qualifier, so I don't know whether that means anything for your case or not.  Presumably not as you said it was simply disturbing the peace, but again, I am not a lawyer.
« Last Edit: August 26, 2018, 11:44:11 AM by Jito463 »

Offline Kendahl

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Re: CCW revocation
« Reply #2 on: August 26, 2018, 01:28:05 PM »
That's something to discuss with the lawyer who handled your defense in this case. If he doesn't know, he may be able to refer you to one who does. If you get no help at all, there are NFOA members who can recommend a lawyer who will have a definitive answer and could help you if you have a hard time getting a new permit.

Offline SemperFiGuy

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Re: CCW revocation
« Reply #3 on: August 26, 2018, 03:28:00 PM »
Also....You might simply try using the NE State Patrol email inquiry line on their website to ask your questions directly of their duty attorneys.

I've used it several time in the past, including specific inquiries about the eligibility of folks who wanted to take my CHP classes but were not certain they'd be able to pass the background check due to past minor offenses
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Offline GreyGeek

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Re: CCW revocation
« Reply #4 on: August 26, 2018, 11:19:31 PM »
Got curious about "disturbing the peace" and looked up Nebraska's definition for it:
https://nebraskalegislature.gov/laws/statutes.php?statute=28-1322

Classic example of a smorgasbord of vague terms.  A zealous prosecutor who dislikes the 2A would have a field day with this definition.
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28-1322.
Disturbing the peace; penalty.

(1) Any person who shall intentionally disturb the peace and quiet of any person, family, or neighborhood commits the offense of disturbing the peace.

(2) Disturbing the peace is a Class III misdemeanor.
Source

    Laws 1977, LB 38, ยง 306.
Annotations

    The State cannot constitutionally criminalize speech under this section solely because it inflicts emotional injury, annoys, offends, or angers another person. But speech can be criminalized under this section if it tends to or is likely to provoke violent reaction. State v. Drahota, 280 Neb. 627, 788 N.W.2d 796 (2010).

    Under subsection (1) of this section, the definition of breach of the peace is broad enough to include the offense of disturbing the peace; it signifies the offense of disturbing the public peace or tranquility enjoyed by citizens of a community. The term "breach of the peace" is generic and includes all violations of public peace, order, or decorum, or acts tending to the disturbance thereof. Provocative language consisting of profane, indecent, or abusive remarks directed to the person of the hearer may amount to a breach of the peace, and such language constitutes "fighting" words, which are not constitutionally protected forms of speech. State v. Broadstone, 233 Neb. 595, 447 N.W.2d 30 (1989).