S-21-0031 Nicholas N. Scalise (Appellant) v. Jeffrey Davis and the Sarpy County Sheriff’s Office
Sarpy County District Court, Hon. Stefanie Martinez
Attorneys: Phillip Wright (Attorney for Appellant)
Law Non-Advanced: Civil Handgun Permit Appeal
Proceedings below: The district court, on appeal from the county court, determined that the Appellee’s denial of a handgun permit was not in error and that Appellant’s conviction of simple assault was a crime of domestic violence and that Appellant was in a domestic relationship with the alleged victim.
Issues on appeal: Whether 1) the trial court and district court erred and abused their discretion in determining that Appellant’s conviction of simple assault under Neb. Rev. Stat. § 28-310 met, or included the standard of the necessary element required of the relationship of the parties; 2) the trial court and district court erred and abused their discretion in failing to consider the difference between Neb. Rev. Stat. § 28-323 and § 28-310; 3) once the Appellant completed his probation, his civil rights were completely restored; 4) the trial court and district court erred and abused their discretion in failing to advise Appellant of the statutory requirement that if convicted of simple assault that the Appellant would lose his right to bear arms; and 5) the trial court and district court erred and abused their discretion in failing to consider Appellant’s constitutional rights to possess a firearm and due process and double jeopardy issues raised in Appellant’s complaint.