Summary
The Nebraska Supreme Court affirmed the denial of Heath A. Shurigar’s application for a concealed handgun permit. The court held that Shurigar’s Oklahoma conviction for transporting a loaded firearm in a motor vehicle was based on a law similar to Nebraska Revised Statute § 37-522 and therefore disqualified him under § 69-2433(8).
Topics
Practice areas
Questions Presented
- Whether Oklahoma Statutes Annotated title 21, § 1289.13, is a law similar to Nebraska Revised Statutes § 37-522 within the meaning of Nebraska Revised Statutes § 69-2433(8).
- Whether the district court properly considered the legislative intent and primary purpose of Nebraska's Concealed Handgun Permit Act.
Holdings
- Oklahoma Statutes Annotated title 21, § 1289.13, is a law similar to Nebraska Revised Statutes § 37-522 because both prohibit transporting loaded guns on a highway. Consequently, Shurigar's Oklahoma conviction disqualified him from obtaining a concealed handgun permit under § 69-2433(8).
- The district court properly considered the legislative intent and primary purpose of § 69-2433. The statute is not limited to convictions involving crimes of violence; it also disqualifies persons convicted of specified firearm-related or unlawful-use-of-a-weapon laws, including similar laws of another jurisdiction.
Key quotations
“Both statutes prohibit the transportation of loaded guns on a highway.” (at 610)
“We find that this constitutes “characteristics in common” and that Okla. Stat. Ann. tit. 21, § 1289.13, is a law “similar” to § 37-522 within the meaning of § 69-24333.” (at 610)
Factual background
Shurigar applied for a Nebraska concealed handgun permit and disclosed that he had pleaded guilty in Oklahoma to transporting a loaded firearm in a motor vehicle. The Oklahoma statute prohibited transporting a loaded pistol, rifle, or shotgun in a motor vehicle over a public highway or roadway. The Nebraska State Patrol determined that the conviction was under a law similar to Nebraska Revised Statutes § 37-522 and therefore disqualified Shurigar under § 69-2433(8).
Procedural history
The Nebraska State Patrol denied Shurigar's concealed handgun permit application because of his Oklahoma conviction for transporting a loaded firearm in a motor vehicle. After an administrative hearing, the State Patrol again denied the application. The Lancaster County District Court affirmed, and the Nebraska Supreme Court affirmed the district court.