[xdmp22]

So this is going to sound cliche, but I have this friend.......lol....no really...

A friend of mine has a previous charge of discharging a firearm within city limits on his record. He did it to scare off a bunch of gang bangers, and it worked, but he got pinched for the discharging. (One of those, rather be judged by 12 rather than carried by 6 deals)

He wants to get a CCW but doesn't want to spend the money if he's not going to pass the state patrol checks. In nebraska you have to take the class then do the background check.

So......what does everyone think? He has been getting told yes and no, so I figured Id post it up

 

[sdprof]

He's probably OK, as any city charge would most likely be a misdemeanor.

See the qualifications here: http://statepatrol.nebraska.gov/forms/ccw/CCWRegs.pdf

 

[xdmp22]

He's probably OK, as any city charge would most likely be a misdemeanor.

See the qualifications here: http://statepatrol.nebraska.gov/forms/ccw/CCWRegs.pdf

Thanks, I think his main worry is the fact it broke a city ordinance and that might be a disqualifier

 

[sdprof]

Here's the Omaha ordinance, fyi

Sec. 20-196. Discharging projectiles--Explosive devices. It shall be unlawful for any person to discharge an instrument which releases a projectile by means of an explosive charge; provided, however, that this section shall not apply to a law enforcement officer in the performance of his duties, to a person having obtained written permission from the chief of police or to a person utilizing a firing or gunnery range which has been established by the parks and recreation department or approved by the public safety department or any discharge on private property for self-defense. If the discharge involves the firing of a firearm, and occurs on public property, any sentence shall include a minimum of 30 days in jail.

(Code 1980, § 20-196; Ord. No. 38295, § 1, 11-18-08)

Hmm, firing for self defense on private property is an affirmative defense - why'd he get jacked up? (Unless the event happened before some change to this ordinance.)

 

[scxd40]

he said he did it to scare people off...scaring people off is not a justification to fire unless they have immiedate intent to cause you harm (in which case you have no business shooting warning shots). i doubt by what was said that it was a legitimate self defense shooting, but who knows since no details are posted.


005.01H Have had no violations of any law of this state relating to firearms, unlawful use of a weapon, or controlled substances or of any similar law of another jurisdiction in the ten (10) years preceding the date of application;

taken off the link posted. i dont know if discharging in city limits is going to qualify as unlawful use of a weapon or not but i assume it does. if it is unlawful use, and it hasnt been 10 years since the conviction, then hes SOL until that 10 years is up unless he wants to get an appeal and try to get the charge dropped (costs money for that tho).

 

[xdmp22]

Here's the Omaha ordinance, fyi



Hmm, firing for self defense on private property is an affirmative defense - why'd he get jacked up? (Unless the event happened before some change to this ordinance.)

I think it was easier for him to pay the 75 dollar fine then pay the lawyers a bunch to go to trial and plead innocent based on self defense, plus it was technically not on public property, in the street. I was there that day and all on the up and up. As far as I'm concerned, firing a warning shot was better than taking a handful of them out. (Atleast from a legal standpoint).

Not sure where this puts him with CCW eligibility as far as the ordinance goes.

 

[xdmp22]

he said he did it to scare people off...scaring people off is not a justification to fire unless they have immiedate intent to cause you harm (in which case you have no business shooting warning shots). i doubt by what was said that it was a legitimate self defense shooting, but who knows since no details are posted.


005.01H Have had no violations of any law of this state relating to firearms, unlawful use of a weapon, or controlled substances or of any similar law of another jurisdiction in the ten (10) years preceding the date of application;

taken off the link posted. i dont know if discharging in city limits is going to qualify as unlawful use of a weapon or not but i assume it does. if it is unlawful use, and it hasnt been 10 years since the conviction, then hes SOL until that 10 years is up unless he wants to get an appeal and try to get the charge dropped (costs money for that tho).

To ad more detail, the gang bangers, outnumbered him 6-1 and a few had short 2x4's, so he could argue his life was in danger, but they didn't show any weapons. Kind of a toss up.

 

[sdprof]

Glad I left Omaha (Bellevue, actually) 14 years ago. I prefer the peace and quiet here.

 

[infectednite]

I'd have him check with the sheriff's office or DPS (wherever it is you apply) to see what their thoughts are.

 

[scxd40]

To ad more detail, the gang bangers, outnumbered him 6-1 and a few had short 2x4's, so he could argue his life was in danger, but they didn't show any weapons. Kind of a toss up.

still doesnt mean anything. 6 guys with pieces of wood, his life was not endanger based on that information.

2x4s are classified as weapons if you are using them as such.