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CCW Permit Violations ???

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ComputerCowboy:
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

Dan W:
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.

Chris Z:
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.......

OnTheFly:
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

Dan W:
Either way the revocation requires a hearing. Computer Cowboy didn't get one

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