HEATH A. SHURIGAR, APPELLANT,
NEBRASKA STATE PATROL, APPELLEE
from the District Court for Lancaster County: LORI A. MARET,
J. Cook, of Lincoln Law, L.L.C., for appellant.
J. Peterson, Attorney General, and James D. Smith for
C.J., WRIGHT, CONNOLLY, MILLER-LERMAN, CASSEL, AND KELCH, JJ.
STACY, J., not participating.
Neb. 607] Kelch, J.
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
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
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.
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 ...