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Permit to Buy Handgun denied, legal?

blade10

Regular Member
Joined
Sep 7, 2009
Messages
63
Location
Woodbridge, VA
Might I suggest that it might be best to not invite a phone call? Keep everything in writing, that way there is no he-said-she-said.

Blade
IANAL
 

tim12232

Regular Member
Joined
Jul 1, 2011
Messages
131
Location
Charlotte, NC
probably denied for listening to Flo-Rida ft TPain..:monkey:banana::banghead:

Good luck, stay sharp and respectful dont back down the law is on your side.



Tim
 

Glock9mmOldStyle

Campaign Veteran
Joined
Apr 21, 2010
Messages
2,038
Location
Taylor, Wayne County, Michigan, USA
This is a ploy used all to often to strip rights

I'm not entirely sure on how it works in your state but if there is an appeal process, I would start it. Your permit was denied because of the chiefs feelings and not by actual law. Any decent appeals process should focus on the first sentence in the denial that your background check is clear and you have not violated any law then order the permit issued. If that fails, I would seek legal counsel and sue them for denying your 2A rights under the color of law based on some chiefs feelings. Call me crazy, but I do not think that will hold up well in court at all for them. Especially after he has already told you that you have not broken any laws and that you would otherwise not be prohibited from obtaining a purchase permit.

Let's be honest here - Yes you can (depending on the laws of your state) pursue this in court at the cost of thousands of dollars with an attorney. That is the trick a corrupt agency will use. They know most people won't in places that require purchase permits (which is unconstitutional in my opinion). In my/our State MI, to be able to appeal a denial with the state police, you must first be flagged in the LEIN system by (yep you guessed it) the agency that denies you. This loophole means they can simply refuse you (without flagging you).
As with most things involving the ' legal ' system many thing are done that are in fact illegal. :(
 

MuffinTheMan

Regular Member
Joined
Jan 17, 2012
Messages
18
Location
Nebraska
I'm interested in hearing what happened as well.

I moved to Nebraska from Colorado a few years ago and am just now looking into gun laws (specifically handgun laws) as I am about to turn 21 and immediately "further" exercise my 2nd Amendment right (and the right enumerated in Article 1 of the Nebraska State Constitution...) and arm myself with a handgun. Odd that we have to wait 'til we're 21 to exercise our rights...or that we have to pay fees in order to exercise our rights...Nebraska isn't as conservative as many people think (including myself before I moved here). Just hearing about Omaha's laws in particular makes me queasy. I might look into getting into some grass roots movements here, because the hands around our throats are slowly tightening...
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
Been watching and waiting for a follow up.

Nada, nothing. What happened/is happening?

Nebraska is a "shall issue" state, there is no local discretion. That should have been the end of the story
 

cjschram

New member
Joined
Nov 1, 2011
Messages
9
Location
SOuth sioux city nebraska
I apologize for my late follow-up. I was unfortunately not able to attend the hearing as my daughter was quite sick and needed to go to the doctor on that day and time. I am now considering going directly to the Nebraska state patrol and getting a conceal carry permit which would also grant me the ability to buy handguns as I understand it. I apologize that I was not able to follow through with the hearing, I will post back on when/if I apply for a conceal carry permit.
 

roadgypsy

New member
Joined
Mar 22, 2012
Messages
1
Location
Fairbury, Nebraska
Whim enforcement seems to override law enforcement up around there. Even if you could be denied your purchase permit for the previous reports of carrying openly, OC is legal except in omaha. I was up there last summer in Dakota county and went to jail for the first time in my life because I didn't see a problem in letting a rookie trooper search my semi for drugs that wouldn't be there while waiting on a tow truck. I had 2 handguns in plain view, which were left as they were while I was given a pair of bracelets because the knife I used in my kitchen had brass knuckles attatched. I still wore my beretta on my hip up and down hwy 77, even got stopped by same trooper with it on the dashboard a few months later. He seemed to have mellowed out some after he got a few months on the job, even apologized.
 

trucksurfer

New member
Joined
Mar 5, 2008
Messages
9
Location
Lincoln, Nebraska, USA
Legal?!?! HELL NO!!

After reading this I sent Mr. Ford an email inquiring as to the provisions and procedures for obtaining a firearms purchase certificate. I will update here when I get his response. Frankly I think Mr. Ford spent too much time living in Iowa as the Sheriff there may deny a permit to aquire for cause, but he had better show VERY good cause. Iowa's laws are more lenient on a permit to aquire, though they have loosened up on the permit to carry concealed which also serves as the permit to aquire!

OK, first thing to do if you can afford to is to hire an attorney. If not, then maybe someone here knows one who can help a bit, and if all else fails people who know how to read like myself can help you.

This Ford guy sounds like an IDIOT, and I don't care what your reasons are for missing the hearing, you need to reschedule as you have been denied a right without due process of the law, in violation of your 14th amendment rights! If they refuse to grant you another hearing, then apply for another firearm purchase certificate, and let them deny you again. In fact, I would go down to apply carrying a firearm in accordance with SSC local municipal codes. When they deny this second permit, then appeal and cite the relevant statute. I am not an attorney, but am very well versed in firearms law and would even help you write a statement for your appeal. This is BULLYING, he is the big fish in the little pond, and he wants you to know that you carrying a gun in his jurisdiction is not welcome.

Well it's time for you to let HIM know that his bullying is not welcome. I would notify the local media, the city attorney, and mayors office too when you appeal. Larry Myhre of the Souix City Journal may be a little help, or he may know of another reporter there who would be sympathetic to your plight. Here is the big thing though, apply again, and wait for the denial. Do nothing else UNTIL AFTER you file your appeal. Once you have that with them, turn up the heat. Send a copy of your appeal to the city attorney, the mayor, and then to the county sheriff and county attorney telling them you wish to file a complaint as your rights have been violated and you wish to press charges. Then make your complaints and appeals known to the media citing the law as it stands. Whether the media likes guns or not, they cannot sit idly by while you are denied a legal right unlawfully.

If you want and/or need my help, and I will contact people with the Nebraska Firearms Owners Association too to see if they can help out, send me a PM. *******************************

--Moderator edited personal attack--
Little good will come from insulting people, publicly on-line. Follow the law,yes, but do so in a responsible and professional manner.
 
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