NFOA MEMBERS FORUM
General Categories => Laws and Legislation => Topic started by: Dankage2000 on March 17, 2013, 12:32:13 AM
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I have researched on line numerous places and can not find a concrete answer. I have applied for the handgun permit 3 weeks ago and have called the sheriffs office 2 times asking the sheriff himself what the status of my gun permit was, his answer was hes awaiting a call from Lincoln on my record. I have on my record a disturbing the peace and a violation of a protection order that was 13 years ago. The violation of protection order does not say anything about domestic violence, or not able to own firearms, I have read different gun laws that the applicant will be denied if the violation was within 7 years one said 10 years in both cases mine has been over 13 year ? In my opinion I think I should have got the permit by now obviously the sheriff thinks differently but he hasn't sent it back denied ? I thought maybe someone on here had some ideas or could point me in the right direction. Thanks
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Sounds like you're going to have to pony up some "bones" and hire an attorney.... I suspect your problem lies with the Protection Order. Right or wrong, "violent" or not , it is ominous enough sounding these days it leads me to believe you ain't going to get it without some legal wrangling....MY OPINION solely due to the fact you don't have it by now....
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I have researched on line numerous places and can not find a concrete answer. I have applied for the handgun permit 3 weeks ago and have called the sheriffs office 2 times asking the sheriff himself what the status of my gun permit was, his answer was hes awaiting a call from Lincoln on my record. I have on my record a disturbing the peace and a violation of a protection order that was 13 years ago. The violation of protection order does not say anything about domestic violence, or not able to own firearms, I have read different gun laws that the applicant will be denied if the violation was within 7 years one said 10 years in both cases mine has been over 13 year ? In my opinion I think I should have got the permit by now obviously the sheriff thinks differently but he hasn't sent it back denied ? I thought maybe someone on here had some ideas or could point me in the right direction
Since he has not yet Denied it ........it means he's waiting on them to clarify just what, when and why!
so he can determine whether or not to approve or deny it.
In other words he's on your side right now till he can get proof one way or the other.
My permit took a few days (the wife got hers right away when we were there) because he had to wait for Omaha to answer some questions on my background.
but he got the answers he wanted on me and and was waiting for.
I got mine sent to me several days later.
My history is from over 27 years ago.....Older records take longer and are harder to track down.
the violation of a protection order i'm sure is holding it up
As they have to track it down and make sure it has nothing to do with domestic violence.
Anything to do with domestic violence is a Deal killer..... so the check will take longer then a normal check.
and there is no mandated time limit on how long it could take Lincoln to look for and find the info on it to send him.......it's on a when you get to it please send me this info basis.
but that works in your favor so far as it's a lot better then a DENY!
The longer it takes the less likely they will find anything in your record wrong.
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69-2405. Application; chief of police or sheriff; duties; immunity.
Upon the receipt of an application for a certificate, the chief of police or sheriff shall issue a certificate or deny a certificate and furnish the applicant the specific reasons for the denial in writing. The chief of police or sheriff shall be permitted up to three days in which to conduct an investigation to determine whether the applicant is prohibited by law from purchasing or possessing a handgun. If the certificate or denial is mailed to the applicant, it shall be mailed to the applicant's address by first-class mail within the three-day period. If it is determined that the purchase or possession of a handgun by the applicant would be in violation of applicable federal, state, or local law, the chief of police or sheriff shall deny the certificate. In computing the three-day period, the day of receipt of the application shall not be included and the last day of the three-day period shall be included. The three-day period shall expire at 11:59 p.m. of the third day unless it is a Saturday, Sunday, or legal holiday in which event the period shall run until 11:59 p.m. of the next day which is not a Saturday, Sunday, or legal holiday. No later than the end of the three-day period the chief of police or sheriff shall issue or deny such certificate and, if the certificate is denied, furnish the applicant the specific reasons for denial in writing. No civil liability shall arise to any law enforcement agency if such law enforcement agency complies with sections 69-2401, 69-2403 to 69-2408, and 69-2409.01.
Source
Laws 1991, LB 355, § 4;
Laws 1996, LB 1055, § 3;
Laws 2006, LB 1227, § 3.
Nebraska Revised Statutes » Chapter 69 » 69-2406 69-2406.
Certificate; denial or revocation; appeal; filing fee.
Any person who is denied a certificate, whose certificate is revoked, or who has not been issued a certificate upon expiration of the three-day period may appeal within ten days of receipt of the denial or revocation to the county court of the county of the applicant's place of residence. The applicant shall file with the court the specific reasons for the denial or revocation by the chief of police or sheriff and a filing fee of ten dollars in lieu of any other filing fee required by law. The court shall issue its decision within thirty days of the filing of the appeal.
Source
Laws 1991, LB 355, § 5;
Laws 2006, LB 1227, § 4.
(Emphasis mine)
The Sheriff has 3 days to conduct the checks or issue the permit. If not issued in 3 days you have a right to appeal the delay
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I received my denied permit in the mail today for the protection order violation. When I went to court for that the attorney specifically told me that would not effect me getting a handgun because it was not checked as domestic violence and was not told that I had no gun rights. So I have the appeal, even though it was 13 years ago and still together ,married, and living with my wife and nothing on my record since then. Is there a chance in hell of getting it appealed and getting a gun or would i be wasting my time or money ? I called James Martin Davis and he does not do that type of law does anyone know of another lawyer that might be a good one ?
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I received my denied permit in the mail today for the protection order violation. When I went to court for that the attorney specifically told me that would not effect me getting a handgun because it was not checked as domestic violence and was not told that I had no gun rights. So I have the appeal, even though it was 13 years ago and still together ,married, and living with my wife and nothing on my record since then. Is there a chance in hell of getting it appealed and getting a gun or would i be wasting my time or money ?
You might be well served to drop a couple hundred bucks on an attorney.
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My recommendation....hire Jim Martin Davis. Gonna cost you, but he'll get it done.....
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thanks everyone for the help
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Is there a chance in hell of getting it appealed and getting a gun or would i be wasting my time or money ? I called James Martin Davis and he does not do that type of law, does anyone know of another lawyer that might be a good one ?
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The NRA can direct you to lawyers who will do a good job with your case. I don't remember where I found this since it's been a few years, but if you go to their website you should be able to look around and find their referral service. And there is a part of the NRA that fights gun control in the courts; who knows, they might look into your case for free.
The few lawyers I've dealt with wanted more than a few hundred bucks; in fact that's what it cost just to talk to them for an hour. But they might still be your only option.
If the state Senator in your area is a patriot his office might be able to help. It sure wouldn't hurt to ask. Unless you live in Ernie Chambers district.
Some bureaucrats will disarm any citizen they can to the best of their ability simply because they are un-American bigots and hostile to our 2nd Amendment rights. This is a form of criminal aggression being committed by those who are paid to serve the public, not impose their will on it. I don't know if that's what's happening in your case, but if it is, you should fight it.
Good luck, and don't let them bully you into giving up something that they have no legal or moral right to take away.
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well I hired an attorney today hes charging me 800.00 to take the case on a flat fee and 10.00 filing fee. so because some damn sheriff had a hard on and the power of the pen to deny thats what its going to cost me . thanks everyone on here for the info .
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That's a lot of money to have to pay for the privilege of exercising a Constitutional right.
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Good luck, I hope everything works out for you.
Greg58
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I'll second the good luck wishes.
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so tommorow morning at 10:30 sarpy county court I will find out if I get screwed lol
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Best wishes. My grandfather in law had a similar case, but from thirty years ago, and he had to stand before a judge in a line of many people trying to appeal their denials.
A right delayed is a right denied. Another reason to oppose these Chicago-style FID cards.
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:) well was in front of the judge less than 3 minutes, sarpy county attorney didn't fight it. He told the judge that I should have been issued the permit when I applied for it. So for some ahole of a sheriff that didn't know the law and that denied me I had to pay $800 to fight it :angry:
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Congrats
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Lawyer money can always fix things caused by ones decisions in the past.
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:) well was in front of the judge less than 3 minutes, sarpy county attorney didn't fight it. He told the judge that I should have been issued the permit when I applied for it. So for some ahole of a sheriff that didn't know the law and that denied me I had to pay $800 to fight it :angry:
You got off cheap my friend. Others paid for your rights with their blood. But if I had my way the bureaucrat responsible for you having to spend that money to exercise a Constitutional right would have to reimburse you. I rarely get my way though in such matters.
One thing though: is there maybe some left out of what you paid your lawyer up front?
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:) well was in front of the judge less than 3 minutes, sarpy county attorney didn't fight it. He told the judge that I should have been issued the permit when I applied for it. So for some ahole of a sheriff that didn't know the law and that denied me I had to pay $800 to fight it :angry:
Congrats on getting this right, too bad you had to spend hard earned dollars to acomplish what is your right.
That $800 could have bought a nice firearm or two.
Greg58
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Thank you for following through with this injustice and getting it corrected.
You have cleared the way for others to apply.
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Too bad it isn't like MN. In MN if the sheriff denies you a permit to carry and you get the decision overturned by a judge, the sheriff is responsible for all your legal fees. Keeps 'em honest. :D
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The attorneys fees were a flat rate so nothing left at the end . I asked if if I could persue getting reimbursed from the sarpy county sheriffs office for my attorneys fees due to the sheriffs lack of knowledge of the law, his reply was it would cost you more than 800.00 to get that 800.00 so what do you do ? bite the bullet and carry on
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Thank you for following through with this injustice and getting it corrected.
You have cleared the way for others to apply.
Glad to see you got it cleared up
Just make sure and Do like if your in the Military ......Save all your documentation on this.
Keep any and all records and judgements ....Like birth records and any SSN cards/Papers.
Keep copy's of them forever you never know when you might need them again in the future.
don't trust the Government or even your lawyer will retain copy's themselves ......Keep your versions safe.
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I asked if if I could persue getting reimbursed from the sarpy county sheriffs office for my attorneys fees due to the sheriffs lack of knowledge of the law, his reply was it would cost you more than 800.00 to get that 800.00 so what do you do ?
VERY RARE AND EXTREME to recoup attorney's fees in the state of Nebraska .....
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Maybe this is something that needs to be taken to our state legislature about sheriffs being responsible for court cost if you can get a pistol permit! I think you should be able to carry concealed if you can get a pistol permit also but that is for another topic.