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Author Topic: CCW Permit Violations ???  (Read 5889 times)

Offline ComputerCowboy

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CCW Permit Violations ???
« on: August 31, 2010, 06:12:45 AM »
Well here we go again. A lawyer at the state patrol office told me that they revoked my ccw permit because being arrested for ccw violation makes it so regardless of the legal outcome. The law that was passed clearly does not provide this provision as far as I can tell. Will speak with my lawyer today. I'm pretty sure he told me before that being guilty is a violation and being suspected of wrongdoing was not cause. My home town of Omaha is a hard place to live sometimes.
Ohh, keep in mind that I may have been trespassing without my knowledge as my only unlawful act. Sheesh
« Last Edit: August 31, 2010, 02:56:35 PM by ComputerCowboy »
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Offline Dan W

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Re: CCW Permit Violations ???
« Reply #1 on: August 31, 2010, 08:26:07 PM »
IF you did not get a hearing It appears that NSP is violating their own rules. Unfortunately you would have to pay the costs for any hearing they grant

Section 12 of the CHP rules and Regulations states :

 REVOCATION OF PERMITS

012.01 Any peace officer having probable cause to believe that a permit holder is no longer in compliance with any of the requirements for a permit found in Section 005 of these regulations shall bring an application for revocation of the permit to the County Attorney in the county in which the permit holder resides.
 
012.02 This action is to be prosecuted as a civil case by either the County Attorney or by the Attorney General in the event the County Attorney refuses or is unable to pursue the prosecution. Persons prosecuted under this provision are subject to revocation of their permit, an administrative fine of up to one thousand dollars ($1,000) and the costs of prosecution.


Section 5 states:

005 PERMIT ELIGIBILITY

005.01 An applicant must meet and maintain the following requirements:

005.01A Be at least twenty-one (21) years of age;

005.01B Not be prohibited from purchasing or possessing a handgun by
U.S.C. 922 as that section existed on January 1, 2005;

005.01C Possess the eyesight necessary for a Class ?O? operator?s license;

005.01D Not have plead guilty or nolo contendere or been convicted of a felony or crime of violence in any jurisdiction;

005.01E Not currently be 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. (There are no time restrictions on the disqualification for this item under federal law 18 U.S.C. 922);


005.01F Current resident of the state of Nebraska having been a resident for at least the past one hundred eighty (180) days;

005.01G Have had no violations of any law of this state relating to firearms, unlawful use of a weapon, or controlled substances or of any similar law of another jurisdiction in the ten (10) years preceding the date of application.;

005.01H 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;

005.01I Be a citizen of the United States; and

005.01J Provide proof of training.


« Last Edit: August 31, 2010, 08:28:08 PM by Dan W »
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Offline Chris Z

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Re: CCW Permit Violations ???
« Reply #2 on: August 31, 2010, 08:49:50 PM »
Unfortunately, "Violation" is not a clear definition..... I brought this up at the Public hearing for the new CHP rules last month...

What is a violation? A ticket? A conviction? An arrest? Not clear.......
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Offline OnTheFly

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Re: CCW Permit Violations ???
« Reply #3 on: August 31, 2010, 10:00:59 PM »
I can't imagine that this could not be successfully argued to mean "Convicted".  How can an affirmed right be taken away if you are proven innocent?  Convicted or plea bargained...well then you can probably say goodbye to this little segment of your 2A rights.

Fly
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Offline Dan W

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Re: CCW Permit Violations ???
« Reply #4 on: August 31, 2010, 10:13:32 PM »
Either way the revocation requires a hearing. Computer Cowboy didn't get one
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Dan W    NFOA Co Founder
Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom.   J. F. K.

Offline OnTheFly

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Re: CCW Permit Violations ???
« Reply #5 on: August 31, 2010, 10:20:29 PM »
I meant to also add, a successful argument will be quite costly unless you could get the NRA, or some other cash rich gun rights group, to sponsor your fight.

Fly
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Offline Chris Z

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Re: CCW Permit Violations ???
« Reply #6 on: September 01, 2010, 06:15:07 AM »
I have known three people who appealed a "denial" (not a revocation). It was not costly at all, and in two of the cases it was very speedy. The appeal hearings are conducted over the phone.... If you can write an articulate appeal as to why your permit should not be revoked and request a hearing....
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Offline ComputerCowboy

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Re: CCW Permit Violations ???
« Reply #7 on: September 01, 2010, 06:02:39 PM »
Ok ok, it looks like they lied to me. The letter I got today says that ..oh heck I know you guys are very interested so I'll type what it say word for word.

By law, the holder of a Nebraska Concealed Handgun Permit must continue to meet all requirements for issuance of the permit at all times during which he or she holds the permit. The Nebraska State Patrol has received the following information indicating that you no longer meet the requirements for the Concealed Handgun Permit whivh was issued to you:

arrested 6-24-10 for Licensing/Registration Weapon and Carrying a Concealed Weapon

Persuant to Neb. Rev. Stat 69-2435, pertaining to Concealed Handgun Permits, you are required to return the permit to the Nebraska State Patrol for cancelation. Please return the permit to the Nebraska State Patrol, Concealed Handgun Permit Program, P.O. Box 94907 , Lincoln, NE 68509. The permit MUST BE RETURNED BY 9/14/2010.

If the permit is not returned for cancelation, an application for revocation of the permit will be filed with the County Attourney of the county of which you reside. The revocation action is prosecutable by the County Attourney or the Attourney General as a civil action, and may result in revocation of your permit, a fine of up to $1,000, and the cost of prosecution being assessed to you.

If you have questions, you may contact the Nebraska State Patrol, Concealed Handgun Permit Program at (402) 479-4018. We appreciate your cooperation in this matter.

Sincerely,

Kevin Knorr, Captian
Nebraska State Patrol

I read this to say we think you did something wrong and have no proof. We want you to just admit guilt and give us the permit. We threaten legal action but know we can't do more than make you come in to court where we will drop the charge for lack of evidence. We hope you have no legal councel and are clueless. Thanks.......

I will see how my Lawyer reads it.

« Last Edit: September 02, 2010, 01:36:39 AM by ComputerCowboy »
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Offline greg58

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Re: CCW Permit Violations ???
« Reply #8 on: September 02, 2010, 08:41:21 PM »
Keep us informed, I am very curious as to what your Lawyer has to say...

Greg58
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Offline Famous556

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Re: CCW Permit Violations ???
« Reply #9 on: December 03, 2010, 09:34:57 PM »
ComputerCowboy,

Any updates to this thread?

Allen
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Offline ComputerCowboy

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Re: CCW Permit Violations ???
« Reply #10 on: January 21, 2011, 09:15:56 AM »
New court date March 2 9AM. I'm headed to the capital to see what they try to make law today. Don't think I'll be early enough to be approved to speak.
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Offline armed and humorous

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Re: CCW Permit Violations ???
« Reply #11 on: January 24, 2011, 06:46:08 PM »
I suppose if they took your permit away pending the outcome of a trial for the violation, it would be understandable, assuming you got it back if found not guilty.  I wouldn't think they'd be able to take it permanently simply for having been arrested, but what do I know?
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Offline skydve76

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Re: CCW Permit Violations ???
« Reply #12 on: February 01, 2011, 09:08:35 AM »
if you are no longer eligible you must voluntarily surrender the permit.  the hearing, is to forcefully take it because you did not give it up as required.  you could of been subject to fines.

a fugitive, as the nsp defines it, is someone with a warrant or pending prosecution.  technically you can't buy fireArms either.  i know it's bs

I don't know exactly what happened but ima little ticked you did this, it brings us all under fire.  it sounds like a poor choice was made.
« Last Edit: February 01, 2011, 09:10:23 AM by skydve76 »
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Offline ComputerCowboy

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Re: CCW Permit Violations ???
« Reply #13 on: February 02, 2011, 12:17:26 PM »
What? Angry at me? You make it sound like I wanted to test the law or bring unwanted attention to gun control in Nebraska. I guess no matter what you do someone will be angry.
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Offline Mudinyeri

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Re: CCW Permit Violations ???
« Reply #14 on: February 02, 2011, 01:15:29 PM »
Quote from: ComputerCowboy on February 02, 2011, 12:17:26 PM
What? Angry at me? You make it sound like I wanted to test the law or bring unwanted attention to gun control in Nebraska. I guess no matter what you do someone will be angry.

As I recall your story, you left your gun unattended in a backpack in a posted no-gun zone.  Is my recollection accurate?
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Offline ComputerCowboy

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Re: CCW Permit Violations ???
« Reply #15 on: February 03, 2011, 05:44:44 AM »
Mud Mud Mud. Back to troll me again? Have a nice day.
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Offline Mudinyeri

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Re: CCW Permit Violations ???
« Reply #16 on: February 03, 2011, 12:14:36 PM »
Quote from: ComputerCowboy on February 03, 2011, 05:44:44 AM
Mud Mud Mud. Back to troll me again? Have a nice day.

Not trolling you.  Just making sure I correctly recall your situation.  I guess so.
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Offline Dan W

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Re: CCW Permit Violations ???
« Reply #17 on: February 03, 2011, 06:40:31 PM »
Sorry, I  had to lock this while I was at work, but I needed to nip these personal battles in the bud.

Computer Cowboy has not been convicted of any violations, and it is unfair to act as if that were the case.

This thread is on probation....
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Dan W    NFOA Co Founder
Today, we need a nation of Minutemen, citizens who are not only prepared to take arms, but citizens who regard the preservation of freedom as the basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom.   J. F. K.

Offline DaveDoolittle

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Re: CCW Permit Violations ???
« Reply #18 on: March 10, 2011, 03:47:30 PM »
Quote from: ComputerCowboy on January 21, 2011, 09:15:56 AM
New court date March 2 9AM.

Update, please.  I'm truly interested in this process and your case in particular.
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Offline AAllen

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Re: CCW Permit Violations ???
« Reply #19 on: March 10, 2011, 03:50:00 PM »
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