General Categories > Laws and Legislation
Military law- concealed carry permit- legal advice
nvywife:
I am a military spouse. I completed all of the pieces for my permit, and was denied. I moved here about 100 days ago with my husband on military orders, we also have owned a house here since 28 May. With the military spouse relocation relief act, we were initially told this would not be an issue, however, my permit came back denied because of not being a resident for 180 days.
We looked through the actual legislation and found 2 pieces that support our case for contestation. (linked below)
What we are looking for is any advice, especially if someone has a legal background, in contesting this, as well as the constitutionality of the 180 day minimum residency. Basically with this law, I have to walk around with no means of self defense for 180 days if I want to be a "good citizen", when I have been basically "ordered" here as stated in his official military orders.
S.475 -- Military Spouses Residency Relief Act
http://thomas.loc.gov/cgi-bin/query/D?c111:4:./temp/~c111c1hUaX::
Servicemembers Civil Relief Act (SCRA)
http://usmilitary.about.com/library/milinfo/scra/bl511.htm
http://usmilitary.about.com/library/milinfo/scra/bl508.htm
Thank you!
HuskerXDM:
I don't have any insight, but I wish you the best and hope you are able to get your permit ASAP!
A-FIXER:
nvywife, I know the wait will unnerving but in nebr you have shown to have met the requirement of residency, of have owned an house with an legal address status of residency by homeownership, and the abilty of receiving legal mail. Did you go in person to the Nebr State Patrol and show proof of home ownership? Just maybe you got a officer who did not know of your ownership home residency.
A-FIXER:
Here is also a link to CCW of Nebraska, and maybe they can shed some light for you http://ccwnebraska.yuku.com/ .
nvywife:
We did not bring a copy of our deed or homeowners... do you know if i could bring that to the patrol office after the denial or bring it to court at a contestation?
It looks like, though we aren't sure, that my husband will be granted based on the verbage because of the military status. But the military spouse relocation relief act (which we have found most troopers an other folks have no clue about) extends those rights to spouses who get moved around because of the military. I was originally told by a trooper to just get my Utah permit since I don't have to change my drivers license to NE, and with further research that would definitely be skirting the law.
Navigation
[0] Message Index
[#] Next page
Go to full version