Shurigar v. Nebraska State PatrolAnnotate this Case
Shurigar submitted a “Nebraska Concealed Handgun Permit Application” and acknowledged that one year earlier, he had been found to be in possession of a loaded pistol in Oklahoma and had pled guilty to “Transporting Loaded Firearm in Motor Vehicle, Misdemeanor.” Because of this prior conviction, the State Patrol denied Shurigar’s application. The district court affirmed the denial, finding that Shurigar’s conviction disqualified him from obtaining a permit under Section 69-2433(8): An applicant shall: Not have had a conviction of any law of this state relating to firearms, unlawful use of a weapon, or controlled substances or of any similar laws of another jurisdiction within the ten years preceding the date of application. Shurigar argued that his conviction was not similar to Neb. Rev. Stat. 37-522, which provides: “It shall be unlawful to have or carry, except as permitted by law, any shotgun having shells in either the chamber, receiver, or magazine in or on any vehicle on any highway.” The Nebraska Supreme Court affirmed, stating that the Legislature deemed a person to be a risk for violating Section 37-522, which makes it unlawful to transport a loaded shotgun on a highway in Nebraska; there is no reason why a person violating another jurisdiction’s law against transporting a loaded pistol on a highway would be less of a risk of committing future crimes than a person transporting a loaded shotgun.