Man loses permit over blog post

[Bill]

I'm just at a loss for words on this one.

http://stuckinmassachusetts.blogspot.com/2011/01/welcome-to-ma-leave-your-freedom-at.html

I know it's Massachusetts and I should be used to hearing about weird crap from there, but this is just egregious.

[shaggy853]

while I disagree with the punishment, the action was begging for negative attention.

[Ronvandyn]

"Better to keep your mouth shut and be thought an idiot than open it and remove all doubt". 

Even stupid people in this country have the right to KABA, which is one reason why more smart people "should".

Ron

[Bill]

The statement was tasteless.  I don't know the guy who posted it, but let's consider somethings.

* He broke no laws.
* He's not being arrested or charged with a crime.
* His license is being revoked summarily and without recourse or due process.
* All of his guns, and ammunition will now have to be transferred to someone else or he'll be a felon.  Even a single empty brass is not allowed.

This is just begging for a 1st and 2nd amendment court case.  If a group like SAF gets behind him it could easily lead to the overturning of their "may issue" and "suitability" clauses, if not their whole licensing scheme.

[ComputerCowboy]

Is this guy being taken care of? Can this happen in Nebraska too? Believe me that if this is something the Omaha police think they can get away with they will make it s.o.p.

[Dan W]

Massachusetts is a MAY ISSUE state, and as such can pull a permit for any reason the local LEO's choose to use.

Nebraska is a SHALL ISSUE state and has rules that govern revocations and denials


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.

013 RIGHTS OF PERSONS DENIED PERMITS

013.01 Within ten (10) working days of receipt of the letter of denial, persons denied a permit by the Nebraska State Patrol may file a request for an administrative due process hearing to review the decision to deny the permit. A request shall be considered timely filed if placed in the United States mail with sufficient postage, properly addressed to the Nebraska State Patrol, Concealed Handgun Permit Program, P.O. Box 94907, Lincoln, Nebraska 68509 within fourteen (14) working days of the mailing of the letter of denial to the applicant by the Nebraska State Patrol.
013.02 If a hearing is requested, it shall be held pursuant to the Nebraska Administrative Procedures Act and the Nebraska State Patrol Rules and Regulations pertaining to administrative hearings (Title 272 - Chapter 1). The petitioner (applicant) must specify through pleadings or at a prehearing conference what aspect of the decision is being challenged.

013.03 The scope of the hearing shall include a review of the accuracy of the information used in making the decision to deny a permit.

013.04 The State Patrol has the burden of going forward with evidence to show why the permit application was denied.

013.05 A decision shall be made by the Superintendent within fifteen (15) working days of the hearing.

013.06 Appeals from the Superintendent?s decision shall be filed in the District Court of either the county in which the applicant resides or the county in which the applicant applied for a permit in accordance with the procedures set forth in the Nebraska Administrative Procedures Act.