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Author Topic: CCW Permit Violations ???  (Read 6261 times)

Offline DaveDoolittle

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Re: CCW Permit Violations ???
« Reply #20 on: March 11, 2011, 12:18:09 PM »
Quote from: AAllen on March 10, 2011, 03:50:00 PM
There has been an update posted here:

http://www.nebraskafirepower.com/forum/index.php?topic=2419.msg24912#msg24912

What's the gist of it?  I can't access that forum.
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Offline AAllen

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Re: CCW Permit Violations ???
« Reply #21 on: March 11, 2011, 12:28:51 PM »
Case was dismissed.  He now has to sue the city to get his gun back, and file an appeal to the NSP to get his CCW back.
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Offline OnTheFly

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Re: CCW Permit Violations ???
« Reply #22 on: March 11, 2011, 02:40:18 PM »
What is the legal precedence that allows the government to keep ones property when the original charges are dropped?  It is no longer "evidence" for a crime since the person is not being charged.  If there is no charge, then there is no conviction that would preempt them from possessing a firearm.  What gives?

Fly
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Si vis pacem, para bellum

Offline AAllen

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Re: CCW Permit Violations ???
« Reply #23 on: March 11, 2011, 07:28:04 PM »
I'm locking this, things are starting to become personal attacks.

I decided to just remove the posts where things went wrong.  This is a valid discussion but do not make personal attacks.
« Last Edit: March 11, 2011, 07:41:21 PM by AAllen »
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Offline JimP

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Re: CCW Permit Violations ???
« Reply #24 on: March 11, 2011, 10:06:38 PM »
Quote
What is the legal precedence that allows the government to keep ones property when the original charges are dropped?



The law sez, as I read it, that the NSP IS the Law........ they can revoke, you get a hearing, they give a ruling.  That's it. The End.  Anybody else read different?  It is an Administrative thing, not a Legal procedure.
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The Right to Keep and BEAR Arms is enshrined explicitly in both our State and Federal Constitutions, yet most of us are afraid to actually excercise that Right, for very good reason: there is a good chance of being arrested........ and  THAT is a damned shame.  III.

Offline OnTheFly

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Re: CCW Permit Violations ???
« Reply #25 on: March 12, 2011, 12:02:59 AM »
Quote from: JimP on March 11, 2011, 10:06:38 PM


The law sez, as I read it, that the NSP IS the Law........ they can revoke, you get a hearing, they give a ruling.  That's it. The End.  Anybody else read different?  It is an Administrative thing, not a Legal procedure.

To be more specific...I was referring to the handgun that the authorities are holding.  How is that legal?

Regarding the CHP...I can not find anything in the current law allowing a police agency to revoke a CHP unless they no longer meet the qualifications to be issued a CHP.  Even then the revocation requires that the person is prosecuted for no longer meeting the requirements without voluntarily surrendering the CHP.  Then there is revocation because you carry in a location you are not supposed to, but doesn't this also require a conviction?

Fly
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Offline Chris Z

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Re: CCW Permit Violations ???
« Reply #26 on: March 12, 2011, 06:14:16 AM »
Likely he will need to have an Attorney file a "writ of replevin".....

The following info on return of firearms is from OPD:


My weapon is in the possession of the Omaha Police Department, how do I get it back?
There are several steps in order to have a firearm released from the Omaha Police Department Evidence Property Squad.

    * You should start by contacting the Firearms squad at 444-6878.

    * You may also receive a letter from the Omaha Police Department indicating that the firearm is no longer needed as evidence and you should start the process to retrieve it from the Omaha Police Department.  If the firearm is evidence in any matter, it will not be released until such time that it is no longer needed as evidence.  The investigative unit will determine this and complete a release form which is then sent to the Evidence Property Squad.

    * Once the firearm is not needed as evidence any longer, Nebraska State Statute 29-820 requires that a court order, generally a writ of Replevin is required prior to Omaha Police releasing the firearm.  Information packets concerning replevin actions can be obtained from the Douglas County Courts, phone number 444-5425, or you may contact a private attorney for assistance.  The court order will need to be presented to the Evidence Property Squad or the investigative unit in charge of the case.  The only exception to this rule is when a stolen firearm is recovered and no longer needed as evidence.

    * Once the above two items are completed, you should contact the Evidence Property Squad of the Omaha Police Department at 444-5848 to schedule a time to come to the Omaha Police Department Central Headquarters located at 505 S. 15th St to receive your firearm.  Bring a picture ID, any permits and/or registrations that you may have as well as the court order.  Additionally, it is a good idea to bring a gun case suitable for the firearm that you are picking up.

    * Once at the police department, your background will be checked to ensure that you are not a prohibited person and can lawfully possess a firearm.  The firearm will also be checked one last time to ensure that it is not reported stolen or needed for evidentiary reasons.  Lastly, concealable firearms will be checked to ensure that they are properly registered with the Omaha Police Department and if not, you will be required to register them at that time.
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Offline Husker_Fan

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Re: CCW Permit Violations ???
« Reply #27 on: March 13, 2011, 08:44:34 AM »
Quote
The law sez, as I read it, that the NSP IS the Law........ they can revoke, you get a hearing, they give a ruling.  That's it. The End.  Anybody else read different?  It is an Administrative thing, not a Legal procedure.

Generally, all "hearings" of this kind are governed by the Administrative Procedure Act.  It is a separate state statute that sets the rules for administrative hearings.  Those rules include time limits, evidence rules, and other issues.  It also sets out the procedure for appealing from an administrative hearing, to the head of the agency, and then to the district court if needed.

It gets complicated, so if a person should make sure the lawyer they hire is familiar with administrative law before hiring them.
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