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My CHP appeal is heading to the NE Supreme Court

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XDHusker:
I've posted a couple times in the past about my permit denial from the State Patrol, but wanted to let you guys know I'm heading to the Supreme Court.
I know there's a lot of you who are very active in the legislature and legal side who follow these kind of things, so I figured I'd give you a heads up.

In 2008 I was convicted of attempted 3rd degree sexual assault which is the attempted touching of somebody and is a misdemeanor offense.  I won't go into the details because they're not really relevant, but it was an innocent situation that got blown way out of proportion.

From a legal standpoint it is a simple question.  Is my offense a "crime of violence" or not?  A 3rd degree sexual assault conviction is considered a crime of violence, but there's no legal precedent in NE for a misdemeanor "attempted" version of any crime of violence being considered a "crime of violence".  So, if it is a "crime of violence" I don't get my permit, and if it isn't then I do.

The state patrol basically said in the initial appeal hearing that it was a yes or no type of question, but then they ranted on about public safety and legislative intent and ultimately denied my permit because they "felt" I would be dangerous (my words).  I appealed to the district court and the judge said the same thing.  It's a simple question of whether this is a crime of violence or not and then proceeded to ramble on about nothing and just affirmed the state patrol's decision without saying anything about my offense being a "crime of violence" or not.

I appealed again to the court of appeals and they immediately punted my case over to the supreme court without hearing it.  My attorney assumed they considered it a matter of first impression.

The other interesting piece of the whole puzzle is that I applied for and was granted an Omaha Handgun ID card which also has a requirement that you can't be convicted of a crime involving acts of violence.  So OPD doesn't consider it a crime of violence and the State Patrol does.

I know my conviction isn't one that garners sympathy and some of you may even feel that I shouldn't have a CHP, but I still wanted to bring my case to your attention because it could effect other misdemeanor disqualifications in the future.  I do open carry every day, but I would much prefer to conceal my handgun.

If you're legitimately interested in either following the case or getting involved I can send you the briefings.

Chuck Matson:
Good luck with your challenge!

Mntnman:
I find your case interesting. Have you looked into having your conviction expunged? I know it probably hasn't been long enough. I have a friend that was in a car when those with him robbed a quick shop. A couple of years ago he applied to have his conviction (forgiven?) and he was successful. He is one of few people outside my family that I would trust to watch my kids. I am glad that his youthful mistake is not going to affect the rest of his life. He truly is a good guy, I have known him over 30 years.

I wish you luck!

FarmerRick:
If you are not incarcerated or on probation of some sort, you should be able to carry a weapon in any manner you deem necessary in order to protect yourself and others.


I hope you win your fight.

Gary:
Not trying to be unsupportive of another forum member, or 2nd Amendment supporter, however, a line in the sand needs to be drawn somewhere.  Just where would you like to see the line drawn?

It would seem to me, a conviction of sexual assault would be better drawn in cement, than sand for the objective of who and who cannot obtain a CC permit in Nebraska.

Appeal, overturn, expunge,  would seem like a better direction for you to follow. 

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