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Author Topic: CCW Denied any hope?  (Read 6925 times)

Offline Kingballs

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CCW Denied any hope?
« on: May 20, 2012, 11:41:13 AM »
I have my appeal this month I was denied for a marijuana ticket 9 years ago. Is there any hope for me has anyone had a denial overturned for anything along he has lines? The state law reads 10 years must pass on the ticket but I must try to win. Dose anyone have any good arguments I could use? My record is clean except for this dam ticket.

Thanks

Offline NENick

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Re: CCW Denied any hope?
« Reply #1 on: May 20, 2012, 02:50:24 PM »
Nine years is soooo long. Can't someone commit rape and get through the punishment period quicker? Geez!

Offline wallace11bravo

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Re: CCW Denied any hope?
« Reply #2 on: May 20, 2012, 03:51:23 PM »
I think what he means is: you did the crime, now you have to do the time.

It is only one more year to wait. Your chances of successfully contesting this denial are slim, and would be time consuming and inevitably expensive. I advise patience, and continue to be a law abiding citizen.

It is just one of those things. I recently had a female approach me and ask me about purchasing and owning a handgun. Everything was the standard blah blah blah, then she mentioned that her live in boyfriend was a felon. I discussed with her the legal risks, the loose legal definition of possession, possibility of her being portrayed as a straw purchaser in court, etc, etc.

I told her that her only REAL option would to also purchase a quality safe to keep the weapon in and do not allow her boyfriend access to the safe, do not take him to the range with you, do not have him and the weapon in the car at the same time, etc, etc.

She was still pondering it, but I ended up telling her that by choosing to live with a felon, she has effectively waived her right to firearms ownership.

I also told her that before doing anything, even applying for a purchase permit, she should consult an attorney.

Offline AAllen

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Re: CCW Denied any hope?
« Reply #3 on: May 20, 2012, 07:54:55 PM »
Not disagreeing with anything that has been said I do have a question.  You said ticket, were you just ticketed and it ended up being dropped, or reduced to something else, or did you plead guilty, no contest, or were convicted?  The reason I ask is the law was just changed to require a conviction not just a ticket as it had been in the past.  This bill carried an emergency measure so it went into effect as soon as the Governor signed it.

Offline NENick

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Re: CCW Denied any hope?
« Reply #4 on: May 20, 2012, 11:28:22 PM »
I just re-read my post and now it doesn't make any sense to me... What I was getting at is - a nine year block on getting a permit because of pot sure seems extreme.

Offline SemperFiGuy

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Re: CCW Denied any hope?
« Reply #5 on: May 21, 2012, 08:01:38 AM »
If............

A Citizen can't learn and obey the rules,

then

That Citizen has no business walking around with a handgun concealed on his person.

No Business at All.



sfg
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Offline NE Bull

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Re: CCW Denied any hope?
« Reply #6 on: May 21, 2012, 08:22:38 AM »
I have my appeal this month I was denied for a marijuana ticket 9 years ago. Is there any hope for me has anyone had a denial overturned for anything along he has lines? The state law reads 10 years must pass on the ticket but I must try to win. Dose anyone have any good arguments I could use? My record is clean except for this dam ticket.

Thanks

I there a outstanding reason you MUST ge a CHP in the near future?   I say ride out the next year.  Keep you nose clean, mind your Ps and Qs. And for the sake of all that is Holy and good, stay away from the damned drugs!
“It is not an issue of being afraid, It's an issue of not being afraid to protect myself.”
 Omaha Mayor Jean Stothert
 "A gun is a tool, Marian; no better or no worse than any other tool: an axe, a shovel or anything. A gun is as good or as bad as the man using it. Remember that."  Shane

Offline NENick

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Re: CCW Denied any hope?
« Reply #7 on: May 21, 2012, 09:25:37 AM »
If............

A Citizen can't learn and obey the rules,

then

That Citizen has no business walking around with a handgun concealed on his person.

No Business at All.



sfg
I think that you'd be hard pressed to find someone that hasn't engaged in those kinds of extracurricular activities at one time or another... Most people just never get caught.

I'm sure that most people on here have broken a law that would get them banned from concealed carrying.

On the other hand, I've always felt that if a person is dumb enough to get caught, or cares so little about fitting constructively into society, then they get what they deserve.
« Last Edit: May 21, 2012, 09:41:33 AM by NENick »

Offline gsd

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Re: CCW Denied any hope?
« Reply #8 on: May 21, 2012, 09:41:37 AM »
If............

A Citizen can't learn and obey the rules,

then

That Citizen has no business walking around with a handgun concealed on his person.

No Business at All.



sfg
I do beleive that might have been a little extreme.
It is highly likely the above post may offend you. I'm fine with that.

Offline SemperFiGuy

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Re: CCW Denied any hope?
« Reply #9 on: May 21, 2012, 10:06:33 AM »
gsd:

FWIW, It is definitely the most assertive comment I've ever made on this forum.

And possibly the most heartfelt.

Respectfully,

sfg
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Offline bullit

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Re: CCW Denied any hope?
« Reply #10 on: May 21, 2012, 05:12:00 PM »
"I'm sure that most people on here have broken a law that would get them banned from concealed carrying"

I don't think so Homey......and certainly the ones I know here personally. 

Offline gsd

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Re: CCW Denied any hope?
« Reply #11 on: May 21, 2012, 07:17:26 PM »
so you're trying to say that someone who smoked a little grass back in the day shouldn't be allowed to carry a gun?  Then we better start yanking LEO's off the streets.

I guess the charge i got 15 years ago should bar me from ever carrying a gun? Never mind the fact that i am now a Firefighter, a nationally registered EMT, and a former serviceman.

Sorry, i don't mean to add fuel to the fire, but there is this tiny little chance that people can CHANGE. I'm a prime example, headed for jail or a dirt nap by the age of 15.
It is highly likely the above post may offend you. I'm fine with that.

Offline OnTheFly

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Re: CCW Denied any hope?
« Reply #12 on: May 21, 2012, 07:30:22 PM »
Kingballs,

Where to start? First Welcome to the NFOA.  Though you may not be feeling the love, there are a lot of good people here who will share their knowledge and constructively give you their opinion. 

Regarding your charge...If you were convicted of the crime, then it sounds like you have to serve out your punishment.  You may have changed your ways and put all of it behind you, but if your actions cause you to be limited in how you exercise your rights, there is a reason for that.  Considering your question, I'm guessing you are feeling the burden of the intended punishment.

Regarding marijuana...personally I don't think it is probably any worse than alcohol, but it is still against the law (at least in Nebraska).  I've known many people who drink and still function in society quite well.  Likewise, I know some people who break out the doobie (I know...old term) and light up while being just as productive as the drinkers.  I've got more opinions about drugs (alcohol, marijuana, or otherwise), but for now that is all I have to say about that.

Regarding the future...wait out the remainder of the ten years (a.k.a. your punishment), and when you do get your CCW, be the MOST law abiding citizen that you can possibly be.  If you truly value 2A rights, you will understand that our cause does NOT need any more negative press, and an article in the paper about a CHP holder being picked up while possessing drugs (alcohol, marijuana, or otherwise) is not going to help us.

I don't know you and maybe this is something you have already come to terms with.  It is not fair, but in order for us to retain our 2A rights, we must be model citizens.  It seems silly that we have to do this in order to protect a right recognized by the Bill of Rights, but this is likely one reason that you are not getting a lot of empathy here.

Again, welcome to the NFOA.

Fly
« Last Edit: May 21, 2012, 11:13:04 PM by OnTheFly »
Si vis pacem, para bellum

Offline NE Bull

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Re: CCW Denied any hope?
« Reply #13 on: May 21, 2012, 11:05:29 PM »
+1 what Fly said. 
“It is not an issue of being afraid, It's an issue of not being afraid to protect myself.”
 Omaha Mayor Jean Stothert
 "A gun is a tool, Marian; no better or no worse than any other tool: an axe, a shovel or anything. A gun is as good or as bad as the man using it. Remember that."  Shane

Offline bk09

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Re: CCW Denied any hope?
« Reply #14 on: May 22, 2012, 08:28:02 AM »
I think that you'd be hard pressed to find someone that hasn't engaged in those kinds of extracurricular activities at one time or another... Most people just never get caught.

I'm sure that most people on here have broken a law that would get them banned from concealed carrying.

On the other hand, I've always felt that if a person is dumb enough to get caught, or cares so little about fitting constructively into society, then they get what they deserve.

Not I. I have been to parties and been offered the stuff while I was under the influence of alcohol and still had my wits about me to deny the peer pressure. And to be honest I support the legalization of it, IMO alcohol does more damage to the body than weed. You never hear about a guy getting high and going home and beating his wife or wanting to start fights, they just want a bag of chips.

Offline DanClrk51

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Re: CCW Denied any hope?
« Reply #15 on: May 22, 2012, 09:35:52 AM »
If............

A Citizen can't learn and obey the rules,

then

That Citizen has no business walking around with a handgun concealed on his person.

No Business at All.

sfg

Sorry SFG. With all due respect to your person I do not believe that petty things such as this should bar someone's 2nd Amendment rights. As others have already said I see no difference between alcohol and that green stuff some of these people like to smoke. Having said that I have never smoked a cigarette or "joint" and honestly I don't know why anyone would want to inhale the burning fumes of plants (tobacco or marijuana). Smoking has never appealed to me but it is a non violent action. This is a free country and people should be allowed to chose their poison if they so do wish and not have to worry about losing their God given rights to self preservation.
Same goes for non violent felonies but that's a can of worms for another day.

However, sadly... the current law is being enforced and therefore Kingballs will just have to wait another year.

Offline NENick

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Re: CCW Denied any hope?
« Reply #16 on: May 22, 2012, 10:41:36 AM »
In SFG's defense, we're talking about two different issues really. He's saying - eat your vegetables and you can have ice cream after dinner. Which vegetable we're talking about doesn't matter. I dig that.

Right now the law says that if you smoke pot and get caught, you're not getting any ice cream rights. If we don't think this is proper, then we need to identify what is wrong, draw attention to it, and get changes made.


Offline DaveB

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Re: CCW Denied any hope?
« Reply #17 on: May 22, 2012, 12:25:21 PM »
In SFG's defense, we're talking about two different issues really. He's saying - eat your vegetables and you can have ice cream after dinner. Which vegetable we're talking about doesn't matter. I dig that.

Right now the law says that if you smoke pot and get caught, you're not getting any ice cream rights. If we don't think this is proper, then we need to identify what is wrong, draw attention to it, and get changes made.



We can't change it, the local government gets way too much money for fighting the war on drugs. If they took away the crime of a little pot, they would lose millions of money that is scammed from the people and put straight in the pockets of the few that fight the losing battle on drugs and their bosses.

Offline just_me_mongo

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Re: CCW Denied any hope?
« Reply #18 on: May 22, 2012, 02:19:12 PM »
To quote DanClrk51:

"With all due respect to your person I do not believe that petty things such as this should bar someone's 2nd Amendment rights. As others have already said I see no difference between alcohol and that green stuff some of these people like to smoke. Having said that I have never smoked a cigarette or "joint" and honestly I don't know why anyone would want to inhale the burning fumes of plants (tobacco or marijuana). Smoking has never appealed to me but it is a non violent action. This is a free country and people should be allowed to chose their poison if they so do wish and not have to worry about losing their God given rights to self preservation."

I could not agree with you more.  At one time, alcohol was also illegal.  Our current law states that now this drug is.  I am NOT an advocate of drugs in any form.  I also do not believe that our 2nd Amendment rights should be taken at the drop of a hat either.

If government is here by our consent, why do they keep taking away gun rights without our consent? 

"One of the ordinary modes by which tyrants accomplish their purposes without resistance is by disarming the people and making it an offense to keep arms." - Joseph Story

Offline SemperFiGuy

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Re: CCW Denied any hope?
« Reply #19 on: May 22, 2012, 05:09:24 PM »
DanCirk51

Whether or not we agree is immaterial.

Whether the Nebraska State Patrol agrees is very material.

sfg
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