Sec. 272-21-005 - PERMIT ELIGIBILITY

§ 272-21-005. PERMIT ELIGIBILITY

005.01 An applicant must meet and maintain the following requirements:

005.01A Be at least twenty-one (21) years of age;

005.01B Not be prohibited from purchasing or possessing a handgun by 18 U.S.C. 922 as that section existed on January 1, 2005. Verification of this requirement requires clearance from the National Instant Criminal Background Check System (NICS) maintained by the Federal Bureau of Investigation. A summary of the relevant provisions of Section 922 of Title 18 of the United States Code can be reviewed on the State Patrol web-site at http://www.statepatrol.nebraska.gov/;

005.01C Possess the eyesight necessary for a Class "O" operator's license;

005.01D Not have plead guilty or nolo contendere or been convicted of a felony in any jurisdiction;

005.01E Not have plead guilty or nolo contendere or been convicted of a misdemeanor crime of violence in any jurisdiction. This disqualification is limited to those misdemeanor crimes of violence where the plea or finding of guilty occurred within the ten (10) years immediately preceding the date of application.

005.01F Not currently be adjudged mentally incompetent or have been found to be mentally ill and dangerous in the past ten (10) years. This prohibitor does not include a person in a mental institution for observation or evaluation such as emergency protective custody (EPC) nor a voluntary admission to a mental institution. (There are no time restrictions on the disqualification for this item under federal law 18 U.S.C. 922);

005.01G Current resident of the state of Nebraska having been a resident for at least the past one hundred eighty (180) days or a member of the United States Armed Forces stationed at a military installation in Nebraska pursuant to permanent duty station orders. Members of the United States Armed Forces so assigned may meet this requirement without waiting the one hundred eighty (180) days and are not excluded even if they maintain a residence in another state and claim that state for voting or tax purposes. Beginning January 1, 2012, if an applicant recently moved to Nebraska and possesses a valid permit to carry a concealed handgun issued by his or her previous state of residence that is recognized by this state pursuant to section 69-2448, such applicant shall be considered a resident of this state for purposes of this section;

005.01H Not have been convicted of violating any law of this state relating to firearms, unlawful use of a weapon, or controlled substances or of any similar law of another jurisdiction within the ten (10) years preceding the date of application. This subdivision does not apply to any conviction under Chapter 37 of the Nebraska Revised Statutes or under any similar law of another jurisdiction, except convictions for: Hunting from Aircraft (§ 37-509), Shooting at Wildlife from a Highway or Roadway (§ 37-513), or Shotgun on Highway (§ 37-522), or under any similar law of another jurisdiction;

005.01I Not currently be on parole, probation, house arrest, or work release for any type of offense of any degree. This disqualification does not include pre-trial diversion unless it is from a jurisdiction which requires the offender to enter a guilty plea before diversion;

005.01J Be a citizen of the United States; and

005.01K Provide proof of training.

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