It's not going to cost that much, stoner...
I kid, I kid...
Seriously it wont cost $1500
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Big win for carry licensing
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It's not going to cost that much, stoner...
I kid, I kid...
Seriously it wont cost $1500
Actually that is what Nappen charges for any License denial case. I cannot speak for Seth Hipple on cost but I know that Penny Dean quotes Massachusetts rates of $5,000 for a licensing denial case according to a member of Comm2A.
BTW, I've been informed that the reason for the denial is likely because you plead "no contest" instead of "guilty." A pleading of "no contest", which I was unaware one could plead to in a criminal case, makes one seem to not have "clean hands" due to the suitability language.
And good luck. Let us know if we can help financially. Until we fix suitability legislatively, I will work to help those that are affected by the BS licensing language we have.
I know it is. The issue is you and I think logically. The Department of Safety... Not so much. To them pleading no contest is worse than admitting guilt or not admitting guilt and being found guilty. It is maddening but due to the suitability language that hasn't been stricken (or even defined legislatively) it is how they operate.
FYI for anyone having the same issue. I was denied my appeal. I thought it was going well at first, but ended in the states favor. Residents of NH with a Misdemeanor B conviction are liable for a carry conceal at the licensing officers discretion. Out of state is an automatic denial. The state police do not have the discretion that local PD have for residents. I will try to have my charge annulled and then reapply, at the judges request. The above mentioned win was for a misdemeanor over 20 years which pretty much is automatically annulled at that point. Where mine is 8 1/2 years ago, I will have to go through the annulment process. Hope this helps. It is what it is.
Just so you know, you will forever have to answer yes to any "application denied" question when applying in Mass or anywhere else. Even after the annulment you will still have to answer yes.
You're only option to prevent having to answer yes from here on out is to appeal in Merrimack Superior Court and if need to to the NH Supreme Court. If you intend on doing that let us know how we can help.
Well hopefully I get my NH charge annulled and get my license. At least I can explain in detail to my local PD if they question it. I live in a Ma "green town", so I should be all set at renewal time. I really got put through the ringer here.
You've got me curious. How did you manage to get a no-restrictions license in MA if you have a misdemeanor on your record? Seems backwards that MA would grant it and NH wouldn't. (Not making a judgment on you, you should be able to carry if you are sane, is how I look at it.)
Was this an actual judicial hearing in district court or was it an administrative hearing at the Department of Safety? If it was an administrative hearing, there is no way you could ever win and you can still appeal in district court (this is where an attorney helps as they know caselaw).
Infamous, I implore you to appeal this if you can afford it. If you you cannot afford the appeal, I highly recommend an annulment. I have done two without any issue (besides money). The process is very easy and doesn't take a lot of time. Two things, however. Make sure you write down the correct charge you were charged with. The court will give you a print out of the exact RSA the charge was. Second, give real world examples of why you would like this done. I don't recommend to include your P&R license as a reason. With the law being changed back to where the charges and whatnot completely disappear, this won't and can't affect your MA license. Good luck either way.
I also suggest you appeal. For two reasons. It has the potential to generate case law. And it helps you out by not needing to answer yes to denial (if you prevail). And you can still seek annulment during the appeal process.
Like I said I will raise funds from NES if you decide to appeal. Because this is a district court ruling, this will affect anyone else with a relatively recent misdemeanor conviction who is also a non-resident.
Like I said I will raise funds from NES if you decide to appeal. Because this is a district court ruling, this will affect anyone else with a relatively recent misdemeanor conviction who is also a non-resident.
So how do I appeal a judges decision to deny my appeal? Seems the annulment route maybe the easier way to go. It's about $250 to do. A lawyer runs about $200/hr. I have zero funds, so I do appreciate people willing to help. Does anyone know the non resident NH gun rules? Can't I open carry without a license? Also can't I open carry in my vehicle if the pistol is unloaded? I realize local rules may apply so I will also contact the local PD who's towns I frequent.
Lank
NES Member
I hope I am not too late! YOU CAN get most convictions annulled for a small fee and if the arrest did not result in a conviction (last I knew) erased for free. If you can meet the annulment prereq's I would do that first.
Lank
NES Member
that's small change for a lifetime of insult. Did you know that you don't pay all at once for a nh annulment?
Another real life example of how shitty laws over petty things can adversely effect someone and their inherent rights.
You appeal by filing with the Merrimack County Superior court. However you had better have an attorney do it or you will most certainly lose unless you are really good at reading case law and articulating it in front of a judge. Also, you need a fair amount of time to research things whereas an attorney, especially one like Hipple or Nappen who know the relevant cases by memory and thus need less time to research and articulate their argument. Basically, hire an attorney and let them do the talking. It is entirely possible that by the time your case is heard in superior court, marijuana will have been decriminalized and if not then by the time the NHSC hears the case. Decrim is going to happen, it is just a matter of when. When this happens, it makes it harder for the DoS to deny based on past MJ possession convictions.
As to annulment, it is probably going to run you $200-$300 and you can do it without an attorney. You pay something like $100 when you file it and then another $100 for the state to destroy all records after it is approved. It is recommended you have a background check performed on yourself (costs money but not too much, probably around $50-$100) after you receive the letter stating records are gone to make sure the state didn't screw anything up.
Open carry with a license is legal (no law against it). however no loaded gun in a vehicle where on you or not. Carrying an unloaded gun openly in a vehicle is ok. There are no local rules in NH. We have pre-emption so local towns cannot make shit up. No need to talk to the local police departments. Rules for non-residents and residents are the same. Don't carry to a court house or on federal property and you are complying with the law.
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Annulments in NH cost $325 each to do right. The first hundred goes to the court that you file with (the court that heard your case in the first place; due when you file the paperwork). The second hundred dollars goes to the probation dept of that area/county. You will receive a letter from them asking some questions and wanting their hundred. The last hundred dollars goes to the state police to clear their records. Again, they will send a letter requesting their money. Until you pay the SP, that charge will still show on your criminal record. After all that, I recommend waiting a few weeks and then filing a background check on yourself. The cost is 25 dollars when I did mine. This will show if the charge is gone or not.
One thing I'm going to say is this. People are willing to help you through this both financially and through other means of support. However, you have to be willing to put yourself out there and help yourself, too. This can't be a "cloak and dagger" sort of operation. Go for the end zone or sit on the bench. You have to deal with ANY notoriety or BS that may come your way or others that help you. Remember, your win (or loss) helps shape the legal landscape in NH and sometimes beyond. Good luck and PM me with any questions you may have.
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New NH Case law that may help you
![[grin]](/xen/styles/default/xenforo/smilies.vb/041.gif "Grin [grin]")
Under the just released New Hapshire Supreme court case of Greg Dupont v.Nashua Police Dept (2013-0513, February 20,2015) the High court decided as to whether a certain Massachutsetts misdemeanor conviction for DUI prohibited issuance of a New Hampshire Carry License. The court found that massachutsetts had restored Duponts rights by granting him a Mass. firearm license.
http://www.google.com/url?sa=t&rct=...mIDYDg&usg=AFQjCNFPggfrWPCAQxbWjyNzT8mWfs3zwg
Under the just released New Hapshire Supreme court case of Greg Dupont v.Nashua Police Dept (2013-0513, February 20,2015) the High court decided as to whether a certain Massachutsetts misdemeanor conviction for DUI prohibited issuance of a New Hampshire Carry License. The court found that massachutsetts had restored Duponts rights by granting him a Mass. firearm license.
http://www.google.com/url?sa=t&rct=...mIDYDg&usg=AFQjCNFPggfrWPCAQxbWjyNzT8mWfs3zwg
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caboose84
NES Member
Technically a Mass DUI is a federal disqualifier, as discussed multiple times on the forum. Even though it is a misdemeanor, maximum jail sentence is 2 1/2 years, which the federales consider a felony.
Even if your rights are "restored" in Mass, unless the conviction goes away the Feds consider you a PP.
Even if your rights are "restored" in Mass, unless the conviction goes away the Feds consider you a PP.
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In RI, I denial challenge costs waaaaay more than this! $5-10k
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KBCraig
NES Member
Thankfully, NH doesn't look to federal law to define "prohibited person".
Of course, it would be wise for someone in that situation to use the utmost caution.
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