69-2433. Applicant; requirements.

663 words·~3 min read·/ne/chapter-69/69-2433

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

An applicant shall:

(1)Be at least twenty-one years of age;

(2)Not be prohibited from purchasing or possessing a handgun by 18 U.S.C. 922, as such section existed on January 1, 2005;

(3)Possess the same powers of eyesight as required under section 60-4,118 for a Class O operator's license. If an applicant does not possess a current Nebraska motor vehicle operator's license, the applicant may present a current optometrist's or ophthalmologist's statement certifying the vision reading obtained when testing the applicant. If such certified vision reading meets the vision requirements prescribed by section 60-4,118 for a Class O operator's license, the vision requirements of this subdivision shall have been met;

(4)Not have been convicted of a felony under the laws of this state or under the laws of any other jurisdiction;

(5)Not have been convicted of a misdemeanor crime of violence under the laws of this state or under the laws of any other jurisdiction within the ten years immediately preceding the date of application;

(6)Not have been found in the previous ten years to be a mentally ill and dangerous person under the Nebraska Mental Health Commitment Act or a similar law of another jurisdiction or not be currently adjudged mentally incompetent;

(7)(a) Have been a resident of this state for at least one hundred eighty days. For purposes of this section, resident does not include an applicant who maintains a residence in another state and claims that residence for voting or tax purposes except as provided in subdivision

(b)or

(c)of this subdivision;

(b)If an applicant is a member of the United States Armed Forces, such applicant shall be considered a resident of this state for purposes of this section after he or she has been stationed at a military installation in this state pursuant to permanent duty station orders even though he or she maintains a residence in another state and claims that residence for voting or tax purposes. The spouse of such applicant shall also be considered a resident of this state for purposes of this section, as shall a person receiving the benefits of a spouse of a member of the United States Armed Forces under the law of the United States; or

(c)If an applicant is a new Nebraska resident and possesses a valid permit to carry a concealed handgun issued by his or her previous state of residence that is recognized by this state pursuant to section 69-2448 , such applicant shall be considered a resident of this state for purposes of this section;

(8)Not have had a conviction of any law of this state relating to firearms, unlawful use of a weapon, or controlled substances or of any similar laws of another jurisdiction within the ten years preceding the date of application. This subdivision does not apply to any conviction under Chapter 37 or under any similar law of another jurisdiction, except for a conviction under section 37-509 , 37-513 , or 37-522 or under any similar law of another jurisdiction;

(9)Not be on parole, probation, house arrest, or work release; and

(10)Provide proof of training.

A conviction for violating an Oklahoma statute prohibiting the transportation of a loaded pistol, rifle, or shotgun in a landborne motor vehicle over a public highway was sufficiently similar to section 37-522 to justify the denial of a concealed handgun permit application under subsection

(8)of this section. Shurigar v. Nebraska State Patrol, 293 Neb. 606, 879 N.W.2d 25 (2016).

The obvious purpose of this section is to prevent people with a demonstrated propensity to commit crimes, including crimes involving acts of violence, from carrying concealed weapons so as to minimize the risk of future gun violence. An attempt to commit a crime is indicative of future behavior, and in the context of subdivision

(5)of this section, the attempt itself is an act of violence. Underwood v. Nebraska State Patrol, 287 Neb. 204, 842 N.W.2d 57 (2014).