Denied purchase permit for handgun

[KK@]

After waiting for nearly 3 weeks in which I couldn't reach anyone about the status of my permit, I was denied. I have never had legal issues, I am the only person with my name in the entire world, and I am active duty military with a top secret clearance... so there is no chance anything could ever show a red flag in a background check.

The reason provided for denial was "Must have valid Nebraska state ID or Driver's License". When I applied I provided my current military ID, my PCS orders, my LES showing legal residence claimed in another state, and proof of current Sarpy county address in the form of two utility bills.

The statute states state ID, NE drivers license OR Military ID. Does it not?

Is this a legal denial? I'm a little pissed off about how big a waste of time this is. Do I seriously have to appeal this idiocy?

[GreyGeek]

[comment removed because I misread the OP    ]

[Bucket]

After waiting for nearly 3 weeks in which I couldn't reach anyone about the status of my permit, I was denied. I have never had legal issues, I am the only person with my name in the entire world, and I am active duty military with a top secret clearance... so there is no chance anything could ever show a red flag in a background check.

The reason provided for denial was "Must have valid Nebraska state ID or Driver's License". When I applied I provided my current military ID, my PCS orders, my LES showing legal residence claimed in another state, and proof of current Sarpy county address in the form of two utility bills.

The statute states state ID, NE drivers license OR Military ID. Does it not?

Is this a legal denial? I'm a little pissed off about how big a waste of time this is. Do I seriously have to appeal this idiocy?

It was obviously denied in error.  Perhaps they failed to realize you were AD military and were applying as an out of state resident.  I'd think an appeal or a re-submission, making sure you highlight your status as active duty, would clear things right up.

Just out of curiosity, where did you apply?

[bullit]

Me not guud reeder...so strike my question.....

[whatsit]

Everyone seems to be talking about a Concealed Handgun Permit (issued by the NSP). The topic says "purchase permit" which is issued by your county's sheriff. KK@, can you clarify which county you are in?

Any way you shake it, I agree this is an error. From the Lancaster County website:

DOCUMENTS REQUIRED AT TIME OF APPLICATION

Current Nebraska operator's license, Nebraska state ID card, or a Military ID card. The ID must have your correct legal name. The address on your Nebraska ID must be current and match the address on the application. If your only form of ID is a Military ID card, you must also provide two forms of proof of Lancaster County residency (i.e. utility bill, vehicle registration, pay stub, etc.) with your current address.
Application fee of $5.00.
Applicants born on a Unitied States military base outside the U.S. must provide their birth certificate.
Applicants born outside the U.S. must also provide a copy of their citizenship papers, U.S. Passport, or alien resident card.

From your description, I think you covered your bases. Perhaps a polite visit to your sheriff's office is in order?

[bigdog]

After waiting for nearly 3 weeks in which I couldn't reach anyone about the status of my permit, I was denied. I have never had legal issues, I am the only person with my name in the entire world, and I am active duty military with a top secret clearance... so there is no chance anything could ever show a red flag in a background check.

Confused here.
Are you wanting a Purchase permit or CHP. If it is just a Purchase permit, as state. I would just go and talk to the Sheriff's department and clear it up.

[SemperFiGuy]

Everybody Start Here:

NEBRASKA STATE STATUTES
69-2404    Certificate; application; fee.
69-2405    Application; chief of police or sheriff; duties;
                immunity.    
69-2406    Certificate; denial or revocation; appeal; filing fee.
69-2407    Certificate; contents; term; revocation.

See Where it Takes You.

sfg

[KY57]

There are hundreds of people at that big base in Sarpy county who have purchase permits with the same conditions as you.  It is likely a mixup. 

[Bucket]

Everyone seems to be talking about a Concealed Handgun Permit (issued by the NSP). The topic says "purchase permit" which is issued by your county's sheriff. KK@, can you clarify which county you are in?

Any way you shake it, I agree this is an error. From the Lancaster County website:
From your description, I think you covered your bases. Perhaps a polite visit to your sheriff's office is in order?

I thought I read that folks in the Bellevue city limits need to get their purchase permit from the city.  It shouldn't matter, but I'm wondering if there is any difference in how they go about doing the the check.

[bullit]

Being that you are NOT a Nebraska resident (although AD with orders to NE), I am unclear as to how you can legally purchase a handgun in Nebraska.  Can you or someone else educate me if there is some exception to federal gun laws that allow non-res AD to purchase?

[Bucket]

Being that you are NOT a Nebraska resident (although AD with orders to NE), I am unclear as to how you can legally purchase a handgun in Nebraska.  Can you or someone else educate me if there is some exception to federal gun laws that allow non-res AD to purchase?

As I understand it, you do not have to be a Nebraska resident to purchase a handgun,  you just need to purchase the permit.

69-2404. Certificate; application; fee.
Any person desiring to purchase, lease, rent, or receive transfer of a handgun shall apply with the chief of police or sheriff of the applicant's place of residence for a certificate. The application may be made in person or by mail. The application form and certificate shall be made on forms approved by the Superintendent of Law Enforcement and Public Safety. The application shall include the applicant's full name, address, date of birth, and country of citizenship. If the applicant is not a United States citizen, the application shall include the applicant's place of birth and his or her alien or admission number. If the application is made in person, the applicant shall also present a current Nebraska motor vehicle operator's license, state identification card, or military identification card, or if the application is made by mail, the application form shall describe the license or card used for identification and be notarized by a notary public who has verified the identification of the applicant through such a license or card. An applicant shall receive a certificate if he or she is twenty-one years of age or older and is not prohibited from purchasing or possessing a handgun by 18 U.S.C. 922. A fee of five dollars shall be charged for each application for a certificate to cover the cost of a criminal history record check.

[CitizenClark]

As I understand it, you do not have to be a Nebraska resident to purchase a handgun,  you just need to purchase the permit.

Generally speaking, under federal law a non-FFL can only purchase a handgun in his state of residence.

[CitizenClark]

After waiting for nearly 3 weeks in which I couldn't reach anyone about the status of my permit, I was denied. I have never had legal issues, I am the only person with my name in the entire world, and I am active duty military with a top secret clearance... so there is no chance anything could ever show a red flag in a background check.

Actually, in my experience from about ten years ago when I worked at a gun store and worked gun shows every weekend, almost all of the NICS delays were for folks with a secret or TS clearance. I had a police chief, former military, delayed for the full three days one time because of this.

[CitizenClark]

Being that you are NOT a Nebraska resident (although AD with orders to NE), I am unclear as to how you can legally purchase a handgun in Nebraska.  Can you or someone else educate me if there is some exception to federal gun laws that allow non-res AD to purchase?

http://www.atf.gov/content/firearms-frequently-asked-questions-unlicensed-persons#state-residency

Q: What constitutes residency in a State?
The State of residence is the State in which an individual is present; the individual also must have an intention of making a home in that State. A member of the Armed Forces on active duty is a resident of the State in which his or her permanent duty station is located. If a member of the Armed Forces maintains a home in one State and the member’s permanent duty station is in a nearby State to which he or she commutes each day, then the member has two States of residence and may purchase a firearm in either the State where the duty station is located or the State where the home is maintained. An alien who is legally in the United States is considered to be a resident of a State only if the alien is residing in that State and has resided in that State continuously for a period of at least 90 days prior to the date of sale of the firearm. See also Item 5, “Sales to Aliens in the United States,” in the General Information section of this publication.
[18 U.S.C. 921(b), 922(a) (3), and 922(b)(3), 27 CFR 478.11]

Q: May a person (who is not an alien) who resides in one State and owns property in another State purchase a handgun in either State?
If a person maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a handgun in that State. However, simply owning property in another State does not qualify the person to purchase a handgun in that State.
[27 CFR 478.11]

[bullit]

Thanks CC.  Learned something new today.  Now I can go home and watch Judge Judy and eat bon bons the rest of the day.....

[AAllen]

69-2406 is what now applies here, you do not need to hire an attorney to do this.  But you must take a copy of the denial letter and copies of all the other things you used to file that showed your citizenship (ie military ID, orders ect.).  This needs to be done within 10 days of being denied, so act quickly.  Take that to the Clerk of the County Court and file (the fee is $10).  Point out that your military ID and orders makes you in compliance with Nebraska Revised Statutes Chapter 69, 69-2404.  You should get a court order and your permit fairly quickly, it sounds like your military ID info got separated from your application or a clerk did not know what they were doing.

These mistakes happen from time to time and normally the County Attorney will help argue the law on your behalf, though they represent the State.

[Phantom]

Actually, in my experience from about ten years ago when I worked at a gun store and worked gun shows every weekend, almost all of the NICS delays were for folks with a secret or TS clearance. I had a police chief, former military, delayed for the full three days one time because of this.

Hummm That might be why My NICS checks came back with a Delay status........Interesting I would not have linked those two things. 

I just thought it was cause I was kind of a Bad boy in my youth 
 

[greg58]

My son had a rifle purchase delayed last year, because he had just been interviewed about a top secret status for his best friend.
Apparently the Federal Investigators can put a hold on anyone involved in the vetting process.
Greg58

[KK@]

I believe I got this sorted out. It was definitely as someone else stated "a clerk that does not know what they are doing" and following others suggestions, I did recieve help in figuring it all out... so it should be fine soon.

Thanks for the discussion!

Funny that those the government 'trusts' are those that get delayed. Didn't think that would be the case.

[bullit]

Funny that those the government 'trusts' are those that get delayed. Didn't think that would be the case.

Said about Edward Snowden......