842 N.W.2d 57
Neb.2014Background
- Underwood appeals a district court ruling affirming the State Patrol’s denial of his concealed handgun permit.
- The Concealed Handgun Permit Act (§ 69-2427 et seq.) disqualifies applicants with certain misdemeanor crimes of violence within ten years.
- Underwood was convicted in 2008 of attempted third degree sexual assault of a child (Class I misdemeanor) following a jury trial.
- The State Patrol denied his permit in January 2012 based on the conviction being a crime of violence under § 69-2433(5).
- An administrative hearing in June 2012 upheld the denial; the district court affirmed in March 2013.
- The central issue is whether the attempted crime qualifies as a “crime of violence” under § 69-2433(5), leading to disqualification.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is attempted third degree sexual assault of a child a crime of violence under §69-2433(5)? | Underwood argues it is not a crime of violence. | State Patrol argues it is a crime of violence since an attempt to commit such a crime qualifies. | Yes; it is a crime of violence, disqualifying Underwood. |
Key Cases Cited
- State v. Palmer, 224 Neb. 282 (1986) (defines crime of violence as involving physical force (context for meaning))
- Watkins v. Watkins, 285 Neb. 693 (2013) (statutory meaning via purpose and entire language of statute)
- Skaggs v. Nebraska State Patrol, 282 Neb. 154 (2011) (independent review of law; conformance to law standard)
- J.P. v. Millard Public Schools, 285 Neb. 890 (2013) (APA review; errors on record; standards for reversal)
- State v. Nelson, 235 Neb. 15 (1990) (sexual assault statute cited as crime of violence)