http://www.seacoastonline.com/articles/20131110-NEWS-311100334
A Seacoast lawyer is firing back at the Portsmouth Police Department for its failure to renew his license to carry a concealed weapon, based on the fact his three references didn't return police calls for verification.
The lawyer and Portsmouth resident, Randall Pratt, filed a legal complaint against Portsmouth Police Chief Stephen DuBois, which also challenges the requirement for three references on state-issued applications for conceal-carry licenses. Pratt is asking a judge to overrule the Police Department's denial of his conceal-carry license, to penalize the police chief and to order the Police Department to reimburse him for his legal costs.
Pratt referred Seacoast Sunday to his legal complaint filed with the Portsmouth Circuit Court and said he has "nothing else to add."
Portsmouth City Attorney Robert Sullivan said it is "the police chief's obligation to determine the suitability of a person to carry a loaded concealed firearm," adding, "I think the evidence will show that (Pratt) expressly requested a denial."
"It appears his primary objection is to the form, which is issued by the state," Sullivan said.
The debate is scheduled to be heard by a judge on Tuesday and if evidence does show Pratt requested a denial, it'll be a strong indicator that his case is a statewide legal challenge on its way to the N.H. Supreme Court.
Prosecutor Rena DiLando is scheduled to represent Portsmouth police at Tuesday's hearing and said when Pratt's pistol license renewal was denied, none of his three references returned police calls. Therefore, DiLando said, Pratt's application was incomplete. "Without all of the information requested, the police chief cannot make a determination about an applicant's suitability to carry a concealed and loaded firearm," DiLando said. "Our department does not deny people out of hand."
Pratt's pleading to the court says he filed his renewal application on Sept. 19 and he refers to New Hampshire "shall issue" law. New Hampshire is considered a "shall issue" state, meaning state law says authorities must grant conceal-carry permits to applicants who meet specific criteria, without proof of so-called good cause. In contrast, laws in "may issue" states give issuing authorities more discretion about issuing conceal-carry licenses.
Court records show Portsmouth police notified Pratt, in writing, that it was required by law to approve or deny his application within 14 days of his application and that his references had not responded.
Pratt claims in his court pleading that he responded by contacting police Capt. Mike Schwartz about the "threatened denial" of the license. Schwartz, he alleges, was "unresponsive and offered no explanation as to the relationship between a lack of response from a reference and the 'shall issue' requirement" in state law.
Court records include a copy of a letter signed by Schwartz and dated Oct. 1. That letter informs Pratt that his license was denied and "to date, none of the references listed on your application have responded; therefore your application is incomplete."
Schwartz also advised Pratt of his right to appeal the denial in court.
In Pratt's appeal, he argues state law doesn't require or mention references and "has no requirement that references respond and no requirement that a reference respond in any particular time, place or manner."
Penny Dean, a Concord attorney and Second Amendment advocate, said Pratt is "absolutely right." Dean said she has about a dozen licenses to carry concealed weapons in as many states and that New Hampshire is the only one to ask for references. She also agrees with Pratt that the law doesn't mandate that applicants' references must respond and asked, "How many people are stupid enough to put down people who hate them?"
DiLando said police are mandated to use an application form distributed by the state Department of Safety that "has a spot for three references."
"We use that to determine if an applicant is a suitable person," said the police prosecutor. "This is the only form we can use. It says on it that no other form shall be used."
She also asks, "Why else would the form ask for three references?"
The form wasn't created arbitrarily, DiLando said. "It was sent to the joint legislative commission on public rules and was opened to public comment," she said. "The Legislature created the form and this is what we're authorized to use."
Further, DiLando said, "The applicant can chose the three people who are their references."
Pratt counters in his legal appeal that Portsmouth police shifted the burden of proof to him regarding his suitability to carry a concealed weapon, in contrast to the "shall issue" mandate in state law. And because the Police Department has the "unfettered authority" to revoke conceal-carry licenses at any time, Pratt argues, the department's claim that it was concerned about public safety while denying his renewal is "baseless."
DiLando said Portsmouth police contact people with incomplete applications, tell them the forms are incomplete and extend offers to give them more time to respond.
Pratt tells the court that state law allows a judge "to substitute its judgement" over a police department's and allows for him to be reimbursed for attorney's fees and costs if he wins the legal dispute. He wrote that the law also allows for personal liability if an official who denied a conceal-carry license "acted in bad faith."
Pratt asks the court to order the Police Department to grant his conceal-carry license, to pay his costs and fees for the court action and to "impose sanctions" on the police department "in an amount sufficient to deter" it from "failing to comply with the law in the future."
The legal debate is scheduled to be heard Tuesday by Circuit Court Judge Stephen Morrison.
A Seacoast lawyer is firing back at the Portsmouth Police Department for its failure to renew his license to carry a concealed weapon, based on the fact his three references didn't return police calls for verification.
The lawyer and Portsmouth resident, Randall Pratt, filed a legal complaint against Portsmouth Police Chief Stephen DuBois, which also challenges the requirement for three references on state-issued applications for conceal-carry licenses. Pratt is asking a judge to overrule the Police Department's denial of his conceal-carry license, to penalize the police chief and to order the Police Department to reimburse him for his legal costs.
Pratt referred Seacoast Sunday to his legal complaint filed with the Portsmouth Circuit Court and said he has "nothing else to add."
Portsmouth City Attorney Robert Sullivan said it is "the police chief's obligation to determine the suitability of a person to carry a loaded concealed firearm," adding, "I think the evidence will show that (Pratt) expressly requested a denial."
"It appears his primary objection is to the form, which is issued by the state," Sullivan said.
The debate is scheduled to be heard by a judge on Tuesday and if evidence does show Pratt requested a denial, it'll be a strong indicator that his case is a statewide legal challenge on its way to the N.H. Supreme Court.
Prosecutor Rena DiLando is scheduled to represent Portsmouth police at Tuesday's hearing and said when Pratt's pistol license renewal was denied, none of his three references returned police calls. Therefore, DiLando said, Pratt's application was incomplete. "Without all of the information requested, the police chief cannot make a determination about an applicant's suitability to carry a concealed and loaded firearm," DiLando said. "Our department does not deny people out of hand."
Pratt's pleading to the court says he filed his renewal application on Sept. 19 and he refers to New Hampshire "shall issue" law. New Hampshire is considered a "shall issue" state, meaning state law says authorities must grant conceal-carry permits to applicants who meet specific criteria, without proof of so-called good cause. In contrast, laws in "may issue" states give issuing authorities more discretion about issuing conceal-carry licenses.
Court records show Portsmouth police notified Pratt, in writing, that it was required by law to approve or deny his application within 14 days of his application and that his references had not responded.
Pratt claims in his court pleading that he responded by contacting police Capt. Mike Schwartz about the "threatened denial" of the license. Schwartz, he alleges, was "unresponsive and offered no explanation as to the relationship between a lack of response from a reference and the 'shall issue' requirement" in state law.
Court records include a copy of a letter signed by Schwartz and dated Oct. 1. That letter informs Pratt that his license was denied and "to date, none of the references listed on your application have responded; therefore your application is incomplete."
Schwartz also advised Pratt of his right to appeal the denial in court.
In Pratt's appeal, he argues state law doesn't require or mention references and "has no requirement that references respond and no requirement that a reference respond in any particular time, place or manner."
Penny Dean, a Concord attorney and Second Amendment advocate, said Pratt is "absolutely right." Dean said she has about a dozen licenses to carry concealed weapons in as many states and that New Hampshire is the only one to ask for references. She also agrees with Pratt that the law doesn't mandate that applicants' references must respond and asked, "How many people are stupid enough to put down people who hate them?"
DiLando said police are mandated to use an application form distributed by the state Department of Safety that "has a spot for three references."
"We use that to determine if an applicant is a suitable person," said the police prosecutor. "This is the only form we can use. It says on it that no other form shall be used."
She also asks, "Why else would the form ask for three references?"
The form wasn't created arbitrarily, DiLando said. "It was sent to the joint legislative commission on public rules and was opened to public comment," she said. "The Legislature created the form and this is what we're authorized to use."
Further, DiLando said, "The applicant can chose the three people who are their references."
Pratt counters in his legal appeal that Portsmouth police shifted the burden of proof to him regarding his suitability to carry a concealed weapon, in contrast to the "shall issue" mandate in state law. And because the Police Department has the "unfettered authority" to revoke conceal-carry licenses at any time, Pratt argues, the department's claim that it was concerned about public safety while denying his renewal is "baseless."
DiLando said Portsmouth police contact people with incomplete applications, tell them the forms are incomplete and extend offers to give them more time to respond.
Pratt tells the court that state law allows a judge "to substitute its judgement" over a police department's and allows for him to be reimbursed for attorney's fees and costs if he wins the legal dispute. He wrote that the law also allows for personal liability if an official who denied a conceal-carry license "acted in bad faith."
Pratt asks the court to order the Police Department to grant his conceal-carry license, to pay his costs and fees for the court action and to "impose sanctions" on the police department "in an amount sufficient to deter" it from "failing to comply with the law in the future."
The legal debate is scheduled to be heard Tuesday by Circuit Court Judge Stephen Morrison.
![[rofl]](/xen/styles/default/xenforo/smilies.vb/013.gif "ROFL [rofl]")
![[laugh2]](/xen/styles/default/xenforo/smilies.vb/014.gif "Laugh at above [laugh2]")
![[thinking]](/xen/styles/default/xenforo/smilies.vb/010.gif "Thinking [thinking]")
.
