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Man loses permit over blog post

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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.

 

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