Nebraska High Court Upholds CCW Permit Denial Due To Misdemeanor

By: The Associated Press Email
By: The Associated Press Email

The Nebraska Supreme Court ruled Friday a man convicted of attempting to commit a violent crime should be barred from obtaining a permit to carry a concealed gun.

The high court's decision came in the case of Tony Underwood, who protested the Nebraska State Patrol's denial in 2011 of his application to carry a concealed handgun because he was convicted in 2008 of misdemeanor attempted sexual assault of a child.

Underwood argued that no act of violence took place and that the misdemeanor should not have been considered a violent crime.

But the high court said the intent of the law is to gauge the future behavior of a permit holder and that one who has attempted to commit a violent crime can be barred from carrying a concealed weapon.

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