Underwood v. Neb. State Patrol
Annotate this CaseAfter a jury trial in 2008 Appellant was convicted of attempted third degree sexual assault of a child, a Class I misdemeanor. In 2011, Appellant applied for a permit to carry a concealed handgun.The Nebraska State Patrol denied Appellant’s application pursuant to Neb. Rev. Stat. 69-2433(5), which provides that a permit will be denied an applicant convicted a “misdemeanor crime of violence” within the ten years preceding the date of application. On appeal, Appellant contended that his conviction for attempted third degree sexual assault of a child was not a “crime of violence” within the meaning of section 69-2433(5). The district court affirmed the State Patrol’s denial of Appellant’s application for a concealed handgun permit. The Supreme Court affirmed, holding that the district court and State Patrol did not err in finding that Appellant’s conviction of attempted third degree sexual assault of a child was a crime of violence under section 69-2433(5) and disqualified him from receiving a concealed handgun permit.
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