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Permit to Buy Handgun denied, legal?

cjschram

New member
Joined
Nov 1, 2011
Messages
9
Location
SOuth sioux city nebraska
I was recently denied a permit/certificate that would allow me to buy handguns in South Sioux City, Nebraska by the Chief of Police. Reasons stated: "The background check that came back is not in question, you have not broken any laws and are in good standing with the state. However, there are two incidents in which officers were dispatched to respond to calls that you were openly carrying what appeared to be a pistol (which was in reality a pellet pistol). This brings into question your sensibility and responsibility as a gun owner and I am denying your application for this certificate."

Can he do this? Is this legal? Should I petition the mayor or the NE state patrol? Or should I go about appealing it?
 

MilProGuy

Regular Member
Joined
Jul 7, 2011
Messages
1,210
Location
Mississippi
I will be interested to learn how this all turns out for you, and will follow this thread with great interest.

Good luck.
 

Waterborne

Regular Member
Joined
Sep 16, 2010
Messages
17
Location
Rochester, MI
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.
 

DocWalker

Regular Member
Joined
Jul 6, 2008
Messages
1,922
Location
Mountain Home, Idaho, USA
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.

I would not only appeal it but would talk to a couple of lawyers to see about suing the city, police department, and him for defimation or any other civil reason a lawyer can think of.

He has no basis of law he is just using his own options to deny a citizen of his rights.

Take as much as you can get and donate it to gun rights defense fund or something, it isn't about the money but FREEDOM.
 

DocWalker

Regular Member
Joined
Jul 6, 2008
Messages
1,922
Location
Mountain Home, Idaho, USA
Whatever taxpayer cash you could get from the folks that take our money should go to BackStoppers.....that would be sweet irony. Makes the chief look even more idiotic.

It should be put out in the press if you recieve a settlement or win in a civil action that it is all the taxpayers that are paying for the police chiefs illegal actions. I can see the headlines now....."taxpayer's pay for police chief's ignorance and anti-american stance".
 

cjschram

New member
Joined
Nov 1, 2011
Messages
9
Location
SOuth sioux city nebraska
Do you have his reason in writing?

Is Nebraska a shall issue or may issue state?

Document, then research state law and talk to a lawyer. Any other contact with the Chief or city government is a waste of time and potentially money.

I tend to like the 'blind-siding' technique when encouraging agents of the state to follow the law. Nothing brings a smile to my face faster than seeing the look on a POS LEO's face when he is getting his back-side handed him, legally.

Then, if it works out for ya, go to the local media and tell your story about how the local Chief is prone to violate state law, if in fact he did break state law, and got caught violating state law.
Nebraska is a shall-issue state. But I think he's under the impression that shall-issue only applies to ccw permits. I spent a great length of time on the phone with the Nebraska State Patrol permits division and finally got a confirmation that shall-issue extends to these certificate to buy permits as well. I have the letter from him, it's signed and dated. It's dated the 10th and I just got it today (have 10 days to appeal), I don't think that's a coincidence either lol.
 

NavyMike

Regular Member
Joined
Oct 13, 2009
Messages
195
Location
Eastside, Washington, USA
Do you have a Nebraska Concealed Handgun Permit?

Nebraska is a shall-issue state. But I think he's under the impression that shall-issue only applies to ccw permits. I spent a great length of time on the phone with the Nebraska State Patrol permits division and finally got a confirmation that shall-issue extends to these certificate to buy permits as well. I have the letter from him, it's signed and dated. It's dated the 10th and I just got it today (have 10 days to appeal), I don't think that's a coincidence either lol.

If you already hold a concealed handgun permit, you are exempt from the purchase certificate requirement.

Cite: Nebraska Statute 69-2403 (e).
 

NavyMike

Regular Member
Joined
Oct 13, 2009
Messages
195
Location
Eastside, Washington, USA
Cite for Shall Issue Purchase Cerificate

Nebraska is a shall-issue state. But I think he's under the impression that shall-issue only applies to ccw permits. I spent a great length of time on the phone with the Nebraska State Patrol permits division and finally got a confirmation that shall-issue extends to these certificate to buy permits as well. I have the letter from him, it's signed and dated. It's dated the 10th and I just got it today (have 10 days to appeal), I don't think that's a coincidence either lol.

NRS 69-2404:

....An applicant shall receive a certificate If he or she is 21 or older and not prohibited from purchasing/ possessing a handgun by 18USC.922.
 

cjschram

New member
Joined
Nov 1, 2011
Messages
9
Location
SOuth sioux city nebraska
NRS 69-2404:

....An applicant shall receive a certificate If he or she is 21 or older and not prohibited from purchasing/ possessing a handgun by 18USC.922.

Thanks so much for this! I don't have a concealed carry permit, so I would need this certificate. I plan on talking to a lawyer in the next few days after I appeal this and I will write back here when I hear something back. :D
 

Robin47

Regular Member
Joined
Jul 28, 2008
Messages
545
Location
Susanville, California, USA
Nebraska is a shall-issue state. But I think he's under the impression that shall-issue only applies to ccw permits. I spent a great length of time on the phone with the Nebraska State Patrol permits division and finally got a confirmation that shall-issue extends to these certificate to buy permits as well. I have the letter from him, it's signed and dated. It's dated the 10th and I just got it today (have 10 days to appeal), I don't think that's a coincidence either lol.

I would file for sure, a law suit in federal court, against this police and the city.
Let them explain in front of a federal judge.
The right to keep and bear arms ! Is your right in all states since the McDonald case.
"Deprivation of rights under color of law"
Good luck !
Robin47
 

wrightme

Regular Member
Joined
Oct 19, 2008
Messages
5,574
Location
Fallon, Nevada, USA
http://img196.imageshack.us/img196/8849/emailscreen.png

Got an email back from the mayor. I can't believe the audacity of these people! Who do these people think they are that they can override the laws that they are sworn to uphold!? I really hope the judge denies this so I can sue everybody I can think of! My hearing for appeal is set for November 29th 9:30 am.

The statute is clear. No reason to deny, since you are not barred from possession.



As an aside, crop the image. All the browser tabs are visible.
 

thebigsd

Founder's Club Member
Joined
Mar 23, 2010
Messages
3,535
Location
Quarryville, PA
OMFG Browser tabs!!!?!!

so?

Schiltz, you are obviously unaware of the extreme danger posed by rampant browser tabs. They must be cropped and contained!!!! The future of humanity depends upon it....

On topic, good luck with your appeal! Are you willing to share some details about your pellet gun incidents?
 
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VW_Factor

Regular Member
Joined
Nov 1, 2010
Messages
1,092
Location
Leesburg, GA
Schiltz, you are obviously unaware of the extreme danger posed by rampant browser tabs. They must be cropped and contained!!!! The future of humanity depends upon it....

On topic, good luck with your appeal! Are you willing to share some details about your pellet gun incidents?

/looks for Schiltz

>.>
 

Lord Sega

Regular Member
Joined
Jul 10, 2010
Messages
311
Location
Warrenton, Oregon
FOR THE ALLIANCE!

Main toon: Shadowcatt
Realm: Eldre Thalas

Alliance.jpg

Push legislation to legalize OCS (Open Carry Swords) !!
 
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RetiredOC

Campaign Veteran
Joined
Dec 21, 2009
Messages
1,561
Schiltz, you are obviously unaware of the extreme danger posed by rampant browser tabs. They must be cropped and contained!!!! The future of humanity depends upon it....

On topic, good luck with your appeal! Are you willing to share some details about your pellet gun incidents?

/looks for Schiltz

>.>

wait, how in the sam adams did I get dragged into this?
come-at-me-bro-rugrats.jpg
 
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