General Categories > Laws and Legislation
My CHP appeal is heading to the NE Supreme Court
NENick:
--- Quote from: Gary on August 28, 2013, 02:02:55 PM ---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.
--- End quote ---
Can't one be convicted as a sex offender for taking a pee in public?
XDHusker:
--- Quote from: Mntnman on August 28, 2013, 12:26:15 PM ---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!
--- End quote ---
I did look into expungement, but apparently Nebraska doesn't really do this. The other option was to try and get the conviction set aside, but the judge gave me 60 days in jail which makes me ineligible for a set aside.
A Pardon is my only option, and I am going to pursue it, but as a general rule they won't really consider a pardon until after 5 years have passed, but it's better after 10 years.
XDHusker:
--- Quote from: Gary on August 28, 2013, 02:02:55 PM ---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.
--- End quote ---
You're fine Gary and I take no offense at all. As I mentioned, my conviction by it's very name isn't one that garners much sympathy.
However, I will say that you would be shocked at how easy it is to be convicted of "sexual assault".
In my case, I tried covering a young lady up because she was inappropriately exposed. Unfortunately in our hyper sensitive legal system when you are charged with a sex offense you are guilty unless you can prove beyond all doubt that you are innocent.
If you smack a girl on the butt, she calls the police to report it you will be convicted of felony sexual assault.
So, I agree with you that sexual assaults in the form that most people think of shouldn't be allowed to possess a firearm, but you cannot be convicted of a contact sexual assault without it being a felony. So, those are already banned from receiving a CHP.
The irony of this whole thing is I didn't even own a gun until after I was convicted because I never felt that my family and I were in danger before. However, when the state decided to put me and my family on a public website and tell everyone that I'm a "dangerous predator" we became state sanctioned targets for violence and harassment. I could go on for an hour describing all of the vile attacks that my wife and kids have endured.
I probably already said too much, because I don't want to turn this into a big debate about what offenses should and shouldn't be able to carry. If you ask me, it's a stupid debate because anyone who wants to commit a crime is going to commit a crime. I legally own a lot of guns, so if I'm going to go do something illegal why would I need a CHP?
XDHusker:
--- Quote from: FarmerRick on August 28, 2013, 01:02:57 PM ---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.
--- End quote ---
Thanks, I'm a big proponent of constitutional carry myself. If you can legally own it, then you should be able to carry it.
CitizenClark:
--- Quote from: XDHusker on August 28, 2013, 06:39:33 PM ---I did look into expungement, but apparently Nebraska doesn't really do this. The other option was to try and get the conviction set aside, but the judge gave me 60 days in jail which makes me ineligible for a set aside.
--- End quote ---
A set aside wouldn't restore your gun rights, though. The power to pardon or to commute sentences is reserved by the state constitution to the Board of Pardons.
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