NFOA MEMBERS FORUM
General Categories => Laws and Legislation => Topic started by: Kingballs on May 20, 2012, 11:41:13 AM
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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
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Nine years is soooo long. Can't someone commit rape and get through the punishment period quicker? Geez!
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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.
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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.
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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.
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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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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!
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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.
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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.
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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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"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.
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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.
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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
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+1 what Fly said.
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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.
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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.
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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.
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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.
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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?
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DanCirk51
Whether or not we agree is immaterial.
Whether the Nebraska State Patrol agrees is very material.
sfg
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Kingballs
Question, did you answer Yes or No. On the permit application question?
"Have you ever had any violations of any law relating to firearms, unlawful use of a weapon, or controlled substances in Nebraska or any other jurisdiction in the past ten (10) years? (Violations which disqualify include felonies, misdemeanors, infractions and violations of city ordinances)."
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Quote from: SemperFiGuy on Yesterday at 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
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.
My thoughts exactly, GSD. Not everyone has been a perfect angel their whole lives.
I've been known to disobey a law or rule years ago, I'll admit I break the speed limit every single day. Maybe I'd better turn in my CCW permit and heck, why not all my guns too!
Thank goodness we have some members that are much better people than I. Maybe I shouldn't even be a NFOA member. Maybe we need to contact the many hundreds of NFOA members that I signed up an tell them their NFOA membership is VOID since I'm not GOOD ENOUGH to carry a gun, and therefore not good enough to sign people up to be a NFOA member.
Perhaps Mr. SemperFiGuy would like to come take my guns from me since I appear in his eyes to be unworthy? Hmmmm?
I suggest you ^^^ think about what you have said, and take a good, long, hard look at yourself, before you judge others you know NOTHING about.
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I hope no one uncovers my past (http://i197.photobucket.com/albums/aa61/LJUnaTIC/smilies/th_anim_peep.gif?t=1296005854)
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I've been known to disobey a law or rule years ago, I'll admit I break the speed limit every single day. Maybe I'd better turn in my CCW permit and heck, why not all my guns too!
Sounds good, Rick, you set all dem Marlins outside the door, and I will be by later. No Questions Asked (I wanna be like OPD when I grow up ;) )
I hope me post did not come off rude, I only meant that the OP should not fight it and let it ride out, unless there is some extreme circumstance in which he feels he needs protection, which was sort of insinuated. And the part about staying clean, I hope the OP has already learned that lesson and took my response as I intended it. I won't go into my own personal feelings on the legality and such as it is not the issue here.
I wish the OP would come back and answer some questions that have been raised and allow us to follow with him on this journey, should he decide to fight the ticket/ conviction, which ever it was. And maybe allow any help in dealing with any security issue he may have.
Lot's of great people here, despite our conflicting opinions. :kiss:
( and Dan, no one wants to dig into YOUR sorrid past :-[)
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( and Dan, no one wants to dig into YOUR sorrid past :-[)
Well, let's just say I won't be running for public office as a Republican, but as a Democrat I could be President :kiss:
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FarmerRick
I'm not gonna come and take your guns.
All those Gnarly Old Kimbers, Remingtons, Colts, Glocks, CZs, SIGs, .....etc., etc., etc. Got no room for them anywhere.
But If I Don't Obey the Rules and You Don't Obey the Rules..........
Guess Wot??
Somebody else will come and take them from both of us.
And You Gotta Obey the Rules, or You Won't be Able to Get Guns in the First Place.
Least, that's the way it was always put to me.
The Forum is a Wunnerful Place to Express All of these Various Opinions.
Cordially,
sfg
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I love this fourm. Only 1 dip sh** out the whole group pretty good odds! Thanks all for the replies the only thing on my record is the weed ticket thats it. I had a problem some year back and was denied my purchase permit over the same issue. Guess what I appealed went to court and won the case. So I ask myself for a man that owns class 3 weapons dose not even drink alcohol and has not smoked pot in over 8 years should I appeal this too? Well hell yes date is set for 5/31 and is only the 6th appeal of the year for ccw in the state. Will I loose more then likely but I will fight my hardest for my due right as a citizen of the USA. Most surrounding states and 3/4 of the states Nebraska has ccw compliance with has a 3 year run out on such charges its funny. I well let you guys know how it goes.
Thanks
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Yeah, but we not running for Pres here Dan. I mean you can bully girls, sleep with any woman you want, married or not, heck you don't even have to have read the Constitution, let alone understand it or even be a 'Merican.
Now if you want to own, or worse, CARRY and Firearm, you be clean cut, a proven American Citizen (in some locals), never having made any poor judgments in life, never lifted a hand in anger to anyone, and then, maybe then, big brother will 'allow' you to play, but only with the little guns so you don't scare the other children...
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Thanx for the reply back, Kingballs.
Do you mean to tell me that Nebraska's CCW laws are even more stringent than the Federal Class 3 weapons criterea? I knew it was more than other states, but Tha's crazy man.
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Well, let's just say I won't be running for public office as a Republican, but as a Democrat I could be President :kiss:
Were your dogs named Bob and Marley? ;D
Fly
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There was an effort to get this rolled back this last session, but it fell short like a lot of other things. If I recall there was a lot of support to roll it back to 7 years and some were wanting to go further, except for the road blocks in the judiciary committee. Maybe Andy recalls the details as I do not
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Yes Nebraska CCW is more stringent then the NFA regulations for class 3!
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SemperFiGuy, very easily you could be in the wrong place at the wrong time, and you could lose your "unalienable" rights. It can happy to anyone and you might not have any control over it.. Perhaps he was in a car with a friend who had it in there?
1 year seems like an ok thing to wait for. I had to wait 5.
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SemperFiGuy, very easily you could be in the wrong place at the wrong time, and you could lose your "unalienable" rights. It can happy to anyone and you might not have any control over it.
Skydve76:
You are entirely correct.
This Situation Happened Here;
Gentleman from North Omaha comes to my CHP class. Lives in bad neighborhood. Lotsa crime. Wants to protect himself, family. However, some time ago a drug perp whom he barely knew was being pursued by LEOs.
Perp runs into This Guy's house. So did LEOs. After the catch, LEO asks, "Any guns here?" My guy is an honest guy. Says, "Yes". LEO says, "Lemme see." Guy shows. LEO runs serial numbers. Guess Wot: Not registered in Omaha.
My Guy gets ticketed. Firearms violation. LEO keeps gun. Nice semi-automatic; cost the Guy his last dollar. Plus fine & court fees. That event was seven years ago. Went through NE CHP appeal process. Denied. Guy now has to wait three more years for CHP.
Then there's that strange Nebraska law which says any gun in a vehicle not assignable to any one occupant therefore belongs to all occupants.
Then there's the requirement for that little blue Firearms Purchase Permit. First handgun I ever bought, went into a store and paid $37.50 across the counter for a Ruger MK I. Gave money; got gun. Showed no ID, driver's licence, blue card, nuthin'. No Form 4473. 2A protections much weaker now.
Lots of unfairness directed toward firearms and firearms owners.
sfg
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Aww geee.... now I just feel sad. We need a happy gun story now, I need to start my day off on a good footing.
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Nine years is soooo long. Can't someone commit rape and get through the punishment period quicker? Geez!
What is the relationship between rape (a real crime with a real victim) and possession of some prohibited substance (an act that is a crime only because government decided to prohibit it)?
Comparing possession of marijuana to rape is patently ridiculous. If anything, the better comparison would be between (1) rape and (2) the kidnapping and enslavement of peaceful people by the dim-witted thugs who enforce anti-marijuana laws, since all of those acts involve the use of aggressive violence against an undeserving victim.
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What is the relationship between rape (a real crime with a real victim) and possession of some prohibited substance (an act that is a crime only because government decided to prohibit it)?
Comparing possession of marijuana to rape is patently ridiculous. If anything, the better comparison would be between (1) rape and (2) the kidnapping and enslavement of peaceful people by the dim-witted thugs who enforce anti-marijuana laws, since all of those acts involve the use of aggressive violence against an undeserving victim.
Okay, time for me to eat some crow. I just saw this from NENick:
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.
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The law is the law...and until we get rid of the lawyers who make the laws (that seem to benefit many of them or their agendas in some form or fashion) we must obey or suffer.....
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I hope no one uncovers my past (http://i197.photobucket.com/albums/aa61/LJUnaTIC/smilies/th_anim_peep.gif?t=1296005854)
you know the donkey prostitution ring was going to catch up to you sooner or later
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I love this fourm. Only 1 dip sh** out the whole group pretty good odds!
Nice... ::) I don't think that was necessary. He's voicing his opinion. Because it isn't in agreement with yours doesn't make him a dip****. In fact, I've found him to be a pretty helpful guy in the time I've been a member here. Maybe step back a minute and realize that not everyone is going to agree with you and that it'll be ok. He wasn't rude, he was straightforward. Don't get the two confused.
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Nice... ::) I don't think that was necessary. He's voicing his opinion. Because it isn't in agreement with yours doesn't make him a dipguano. In fact, I've found him to be a pretty helpful guy in the time I've been a member here. Maybe step back a minute and realize that not everyone is going to agree with you and that it'll be ok. He wasn't rude, he was straightforward. Don't get the two confused.
+1.
I always thought an Armed Society was to be a polite Society.......
What is the relationship between rape (a real crime with a real victim) and possession of some prohibited substance (an act that is a crime only because government decided to prohibit it)?
The difference is who gets hurt: Rape hurts an individual, which to the .gov, is pretty inconsequential. Possesion of a controlled substance hurts the .gov's control .... which the .gov takes VERY seriously. Heaven help you if you ever do anything to damage or circumvent the .gov's tax system!
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+1.
I always thought an Armed Society was to be a polite Society.......
The difference is who gets hurt: Rape hurts an individual, which to the .gov, is pretty inconsequential. Possesion of a controlled substance hurts the .gov's control .... which the .gov takes VERY seriously. Heaven help you if you ever do anything to damage or circumvent the .gov's tax system!
Someone's been reading Heinlein again.
A. E. van Vogt I believe wrote a short novel about a society where those who chose to go unarmed had to wear a badge of some kind. Imagine a society like that.... :D
Ron