General Categories > Laws and Legislation
Speeding up the issuance of CCW for battered women
David Hineline:
The last thing that a woman battered who is out for revenge is going to care about is whether or not her CCW is valid. If she is out for revenge she will get revenge, a piece of paper saying she won't get into trouble for carrying the gun on the way to take her revenge won't matter.
The woman who has justifiable and documented fear is the one who the paper permit would help comply with the law.
There is no reason any NE resident should have to wait 45 days, not just documented battered women.
LM4202:
--- Quote from: HuskerXDM on September 21, 2012, 05:06:10 PM ---I don't believe that statute is written for any specific groups as it does not name any groups. I think SFG is right, and it would apply to the battered woman scenario above. To me the only problem is a person who feared for their life may still have to go to court (the affirmative defense part) to justify their actions, which would cost a pretty penny. However, at least someone in that situation would still be alive.
--- End quote ---
I must disagree. While the statute doesn't name any particular profession, it is specific with regards to carrying in the course of being employed.
"It is an affirmative defense that the defendant was engaged in any lawful business, calling, or employment at the time he or she was carrying any weapon or weapons and the circumstances in which such person was placed at the time were such as to justify a prudent person in carrying the weapon or weapons for the defense of his or her person, property, or family."
And that is how the police and the prosecutor will see it. Let's say the police make a traffic stop and you're carrying without a permit. Your affirmative defense is going to be "there are threats against my life" or "I'm a battered woman"? Then just about anyone can say that. Any woman can file a police report and say they are a battered woman. It happens all the time that a woman will file a police report or call the police and say their boyfriend/husband hit them...because they are mad at them, are in a custody battle with the husband, etc, etc. Then they either don't show up in court to testify or they make up with their boyfriend/husband. But the police report is still there and she is a "documented" battered wife/girlfriend. But now she can use that to carry a firearm? In the meantime, the police have confiscated the boyfriends/husband's firearms because of the domestic violence incident.
Why have CHPs at all if all you need to do is say you're being threatened or abused.
HuskerXDM:
--- Quote from: LM4202 on September 23, 2012, 02:31:07 AM ---
Why have CHPs at all if all you need to do is say you're being threatened or abused.
--- End quote ---
Because you don't just have to say it, you have to prove it in court and the burden of proof is yours, not theirs.
DanClrk51:
--- Quote from: David Hineline on September 22, 2012, 07:07:07 PM ---There is no reason any NE resident should have to wait 45 days, not just documented battered women.
--- End quote ---
AKA Constitutional No Permit Carry. Nuff said....
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