Speeding up the issuance of CCW for battered women

[Sheepdog]

I sent to my Senator Dave Bloomfield an idea I have to speed up the process for battered and abused women. My idea is as follows:

In Nebraska it can take up to 45 days to receive a CCW from the state after a minimum 10 day wait for a class(assuming there is not one already scheduled).

    My idea would be as follows:

        After an incident happens, at the request of the woman a law enforcement officer or counselor (I lean more towards the officer) would give a referral that would enable the woman to speed through the process of obtaining a permit. She would keep the original referral and use photo copies to accompany the paper work.

        The woman would go to the Sheriff's Department and apply for a permit to purchase a handgun showing the referral. As I am unfamiliar with how long the response time is I do not know if this can be sped up (they have 5 days). Once they give the OK it could either be given to the woman and/or forwarded to the State Patrol.

        Ideally at the same time a request would be submitted to the State Patrol for a special class by a CCW instructor. This could be for just for her or also her parents if she moves back home. Once again accompanied by the referral.

        Once the OK is given, the class would be taught and paper work submitted to the State Patrol with a copies of the permit to purchase and the referral to speed the process along.

        A 45 day temporary CCW permit could then be issued while the regular investigation continues through the NCIC.

    I believe that this could be done in a few days (ideally 1 or 2). The issuance could be by email or through the Sheriff's Department.

    In my experience if you pass the background check for a long gun, you will pass the background check and receive a CCW permit. The background check for a long gun is done over the phone in a matter of minutes. Under the circumstances I think this could work for this problem.

My idea comes from the fact that Iowa can do this in one day, in the right county.


Please feel free to give me more and/or better ideas and correct any mistakes.

Thank you

Paul Hughes
Sheepdog LLC

[DaveB]

Why should one person have a permit before others that have done nothing wrong? If someone is legal to own a gun, they should have one, but the conceal permit rush should be for all citizens, not just a select group. What about men that are abused by women? Should an angry person be allowed to get a concealed carry permit immediately because they have someone already in their sights? Maybe they should have gotten the permit a few years ago, they were probably having issues then.

I am against giving certain people expedited rights over the rest of the people.

[SemperFiGuy]

Seems Like an Appropriate Application of Nebraska State Statute 28-1202:

(b) It is an affirmative defense that the defendant was engaged in any lawful business, calling, or employment at the time he or she was carrying any weapon or weapons and the circumstances in which such person was placed at the time were such as to justify a prudent person in carrying the weapon or weapons for the defense of his or her person, property, or family.

No Waiting Period.

sfg

[LM4202]

Seems Like an Appropriate Application of Nebraska State Statute 28-1202:

(b) It is an affirmative defense that the defendant was engaged in any lawful business, calling, or employment at the time he or she was carrying any weapon or weapons and the circumstances in which such person was placed at the time were such as to justify a prudent person in carrying the weapon or weapons for the defense of his or her person, property, or family.

No Waiting Period.

sfg

This is for people employed at security guards, private detectives, bounty hunters, repo men, and even employees making their way to a bank drive thru/ATM to make a deposit.  I agree with DaveB on this, and don't see how they should be expedited any faster than anyone else.  And not all of these battered women are upstanding citizens and can pass or even obtain a permit to purchase, should they get special preference?

[HuskerXDM]

This is for people employed at security guards, private detectives, bounty hunters, repo men, and even employees making their way to a bank drive thru/ATM to make a deposit.  I agree with DaveB on this, and don't see how they should be expedited any faster than anyone else.  And not all of these battered women are upstanding citizens and can pass or even obtain a permit to purchase, should they get special preference?

I don't believe that statute is written for any specific groups as it does not name any groups.  I think SFG is right, and it would apply to the battered woman scenario above.  To me the only problem is a person who feared for their life may still have to go to court (the affirmative defense part) to justify their actions, which would cost a pretty penny.  However, at least someone in that situation would still be alive. 

[Chris C]

I don't believe that statute is written for any specific groups as it does not name any groups.  I think SFG is right, and it would apply to the battered woman scenario above.  To me the only problem is a person who feared for their life may still have to go to court (the affirmative defense part) to justify their actions, which would cost a pretty penny.  However, at least someone in that situation would still be alive. 

I agree.  That’s how that law has been explained to me either in Ayoobs class or might have been another one I took.  You can conceal carry w/o a permit but better have a darn good reason for it.

[David Hineline]

While having a permit in NE would help this battered woman in other states perhaps, NE law says that a prudent person can carry a concealed handgun if the situation is appropriate.

I carried years before there was a permit system, with full approval of LE/Courts as did people who had threats against their safety.  Nothing wrong with the idea I guess but un-needed.

Anyway see you in the AM

[Sheepdog]

Why should one person have a permit before others that have done nothing wrong? If someone is legal to own a gun, they should have one, but the conceal permit rush should be for all citizens, not just a select group. What about men that are abused by women? Should an angry person be allowed to get a concealed carry permit immediately because they have someone already in their sights? Maybe they should have gotten the permit a few years ago, they were probably having issues then.

I am against giving certain people expedited rights over the rest of the people.

DaveB

 I agree with the piece about the rush being for all people.  I would not mind if this would extend to all applicants.

My idea is that after a woman was, to put it bluntly, "used as a verbal or physical punching bag" that little piece of paper giving by a judge doesn't have much effect on some people.

I will admit I have no facts to back this up but I believe that the number of men abused by women is relatively low compared to the opposite.

What is to keep some one who is angry from getting a CCW as it is?

I too am against expedited rights in general but I can see the need for them in certain circumstances. I think this is one of them.

[cracked junior]

That is what restraining orders are for.   



Oh wait a piece of paper has never stopped anyone.   

[DaveB]

I have been married to a woman who spent 10 years in an abusive marriage before. I also believe that everyone should have the right to self preservation.

First off, most all abused women end up going back into the same relationship more than once after being abused, to include beaten. Most will go back thinking it was their fault. Some will go back because of kids, some will go back because of what people think of them. Some will go back because it is the same type of person they grew up with as a father. Some will run. Some don't even think it's a bad relationship until something actually wakes them up from what they have been living.

Giving an instant permit to someone because they have been beaten may in some cases open the door to instant revenge. Sure, it's not going to happen all the time, but it will happen. Not every woman that is in an abusive relationship is a fine, upstanding citizen with a sound mind. And what difference is the CCW permit going to make when it is legal to own a gun in your home, the place where most abuse takes place anyway.

The actual only part of the OP that I totally disagree with is that one group of people should have expedited privileges over the rest of us.

Also, there are a lot of men in abusive relationships. The difference is that it is not acceptable to file any kinds of reports because it just isn't proper for a man to be beat by a woman. Unless he is poisoned or killed, it is a non-issue. So there is no reason a man can get a permit expedited because he's a man.

[David Hineline]

The last thing that a woman battered who is out for revenge is going to care about is whether or not her CCW is valid. If she is out for revenge she will get revenge, a piece of paper saying she won't get into trouble for carrying the gun on the way to take her revenge won't matter.

The woman who has justifiable and documented fear is the one who the paper permit would help comply with the law.

There is no reason any NE resident should have to wait 45 days, not just documented battered women.

[LM4202]

I don't believe that statute is written for any specific groups as it does not name any groups.  I think SFG is right, and it would apply to the battered woman scenario above.  To me the only problem is a person who feared for their life may still have to go to court (the affirmative defense part) to justify their actions, which would cost a pretty penny.  However, at least someone in that situation would still be alive. 

I must disagree.  While the statute doesn't name any particular profession, it is specific with regards to carrying in the course of being employed. 

"It is an affirmative defense that the defendant was engaged in any lawful business, calling, or employment at the time he or she was carrying any weapon or weapons and the circumstances in which such person was placed at the time were such as to justify a prudent person in carrying the weapon or weapons for the defense of his or her person, property, or family."

And that is how the police and the prosecutor will see it.  Let's say the police make a traffic stop and you're carrying without a permit.  Your affirmative defense is going to be "there are threats against my life" or "I'm a battered woman"?  Then just about anyone can say that.   Any woman can file a police report and say they are a battered woman.  It happens all the time that a woman will file a police report or call the police and say their boyfriend/husband hit them...because they are mad at them, are in a custody battle with the husband, etc, etc.  Then they either don't show up in court to testify or they make up with their boyfriend/husband.  But the police report is still there and she is a "documented" battered wife/girlfriend.  But now she can use that to carry a firearm?  In the meantime, the police have confiscated the boyfriends/husband's firearms because of the domestic violence incident.   

Why have CHPs at all if all you need to do is say you're being threatened or abused.

[HuskerXDM]

Why have CHPs at all if all you need to do is say you're being threatened or abused.

Because you don't just have to say it, you have to prove it in court and the burden of proof is yours, not theirs. 

[DanClrk51]

There is no reason any NE resident should have to wait 45 days, not just documented battered women.

AKA Constitutional No Permit Carry. Nuff said....