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Shurigar v. Nebraska State Patrol

Supreme Court of Nebraska

May 20, 2016

HEATH A. SHURIGAR, APPELLANT,
v.
NEBRASKA STATE PATROL, APPELLEE

Page 26

          Appeal from the District Court for Lancaster County: LORI A. MARET, Judge.

         Justin J. Cook, of Lincoln Law, L.L.C., for appellant.

         Douglas J. Peterson, Attorney General, and James D. Smith for appellee.

         HEAVICAN, C.J., WRIGHT, CONNOLLY, MILLER-LERMAN, CASSEL, AND KELCH, JJ. STACY, J., not participating.

          OPINION

Page 27

          [293 Neb. 607] Kelch, J.

         NATURE OF CASE

         This is an appeal, pursuant to the Administrative Procedure Act, from the district court's order affirming an order of the Nebraska State Patrol (State Patrol), which denied Heath A. Shurigar's application for a permit to carry a concealed handgun. The State Patrol denied Shurigar's application because it determined that a prior conviction in Oklahoma disqualified Shurigar under Neb. Rev. Stat. § 69-2433(8) (Cum. Supp. 2014). That decision was affirmed following an administrative hearing. Shurigar appealed to the district court, which also affirmed. Now, Shurigar appeals to this court.

         FACTS

         On April 18, 2013, Shurigar submitted a " Nebraska Concealed Handgun Permit Application" to the State Patrol. On the application, Shurigar acknowledged that he had been convicted of violating a law relating to firearms in the past 10 years. In a handwritten attachment to the application, Shurigar explained that 1 year prior to his application, he had been found to be in possession of a loaded pistol in the State of Oklahoma and later had pled guilty to the Oklahoma crime of " Transporting Loaded Firearm in Motor Vehicle, Misdemeanor." Because of this prior conviction, the State Patrol denied Shurigar's application.

         After receiving notice that his application was denied, Shurigar requested an administrative hearing before the State Patrol. The request was granted. At the administrative hearing, a court document from Oklahoma was received into evidence; that document reflected that Shurigar had pled guilty to the charge of transporting a loaded firearm in a motor vehicle. Shurigar also testified and admitted to his conviction. A copy of the Oklahoma criminal statute that Shurigar pled guilty of violating was also admitted into evidence.

          [293 Neb. 608] After the administrative hearing, the State Patrol again denied Shurigar's application for a concealed handgun permit, reasoning that Shurigar's conviction in Oklahoma disqualified him from obtaining such permit ...


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