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Underwood v. Nebraska State Patrol

Supreme Court of Nebraska

January 17, 2014

Tony Underwood, appellant,
v.
Nebraska State Patrol, appellee.

Page 58

Appeal from the District Court for Douglas County: W. MARK ASHFORD, Judge. Affirmed.

Lawrence G. Whelan and Dennis Whelan, of Whelan Law Office, for appellant.

Jon Bruning, Attorney General, and Jody R. Gittins for appellee.

Heavican, C.J., Wright, Connolly, Stephan, McCormack, Miller-Lerman, and Cassel, JJ.

Syllabus

1. Statutes: Appeal and Error. Statutory interpretation presents a question of law, for which an appellate court has an obligation to reach an independent conclusion irrespective of the decision made by the court below.

2. Administrative Law: Judgments: Appeal and Error. A judgment or final order rendered by a district court in a judicial review pursuant to the Administrative Procedure Act may be reversed, vacated, or modified by an appellate court for errors appearing on the record.

3. Administrative Law: Judgments: Appeal and Error. When reviewing an order of a district court under the Administrative Procedure Act for errors appearing on the record, the inquiry is whether the decision conforms to the law, is supported by competent evidence, and is neither arbitrary, capricious, nor unreasonable.

4. Judgments: Appeal and Error. Whether a decision conforms to law is by definition a question of law, in connection with which an appellate court reaches a conclusion independent of that reached by the lower court.

5. Statutes: Legislature: Intent: Appeal and Error. In discerning the meaning of a statute, an appellate court must determine and give effect to the purpose and intent of the Legislature as ascertained from the entire language of the statute considered in its plain, ordinary, and popular sense.

6. Criminal Law: Weapons: Licenses and Permits: Criminal Attempt. The obvious purpose of Neb.Rev.Stat. § 69-2433 (Cum.Supp.2012) 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 § 69-2433(5), the attempt itself is an act of violence.

Miller-Lerman, J.

[287 Neb. 205] NATURE OF CASE

Tony Underwood appeals the order of the district court for Douglas County in which it affirmed the decision of the Nebraska State Patrol (State Patrol) denying Underwood's application for a permit to carry a concealed handgun. The Concealed Handgun Permit Act (the Act) is found at ...


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