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Breaking news: [WITHDRAWN] Anti-gun County Attorney nominated to be a Superior Court Judge.

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4/21/2021 Edit: NHFC members made calls and the result was on 4/21 the Governor stated that the candidate withdrew her name for consideration.


Critical alert from NHFC:

We have some great news to report from last week's House and Senate sessions, but we have some bad news too.

First, the good news. The Senate passed House Bills 192 and 342. Both bills are now enrolled and on their way to Governor Sununu for a signature! These bills are simple housekeeping clarifications that bring hunting RSAs into conformity with other sections of the law, removing confusion and removing the risk of becoming an accidental criminal. Thank you to the House and Senate for getting this done quickly!
Now in Senate possession are multiple other good bills that we must support! Please email your Senator today and ask them to support the following bills:

House Bill 307 is the most important firearm protection bill introduced this year. New Hampshire is not a home rule state, and municipalities and subdivisions are already prohibited from regulating firearms - yet they continue to try - and they get away with it.
HB307 will allow for penalties to be assessed against cities, towns, or school districts that pass or enforce ordinances regulating firearms. Under this law we could hold accountable bad actors in local governments that exceed their granted authority in order to protect our Article 2-A rights in New Hampshire.

Municipal organizations will strongly oppose this bill as it holds municipal governments responsible for the reckless ordinances they pass without the authority to do so. Your Senator must hear from you regarding this bill so that they support the measure!
Citizens are held accountable to NH statutes, so should elected officials!

House Bill 195 adds the display of a firearm to the reckless conduct statute as an exception. Under the proposed bill, police would have to prove that you're acting recklessly with the firearm in order to charge you, instead of the simple display being prima facie evidence of a crime.
This simple exemption will prevent charges against any "McCloskeys" who are simply protecting their property. Tell your Senator to support HB195!

Finally, House Bill 334 clarifies that Constitutional carry means exactly that, without exception. When our Constitutional carry law was passed in 2017 an oversight did not remove a prohibition for traveling on OHRV's or snowmobiles. HB 334 cleans up the statute and makes it clear that we are a Constitutional carry state, no matter what vehicle you happen to be traveling on.
Now, for the BAD news -


Rockingham County Attorney Patricia Conway has been nominated for a Superior Court judgeship. During Conway's public hearing, she was asked about her beliefs on the second amendment, and she said:

No matter what anyone tells you, NH is NOT, as a practical matter, a Florida style stand your ground state. A person is allowed to raise the "affirmative defense" of self-defense, ONLY IF THE TRIAL JUDGE ALLOWS you to. The jury is not allowed to hear your law based claims of self-defense unless the trial judge allows it. Patricia Conway and her office have more than once prosecuted those who acted in self-defense. There is no record of Attorney Conway having ever been a defense attorney and DEFENDED those who acted in self defense.
Is this who you want for a judge?

On top of that, according to NHPR:

"In 2015, Rockingham County paid former prosecutor Jerome Blanchard $80,000 to settle a wrongful termination claim related to [Patricia] Conway's decision to fire Blanchard the day she took office. Blanchard alleged Conway was retaliating against him for cooperating with state prosecutors in 2013, when they removed their former mutual boss, longtime County Attorney Jim Reams, from office."

Rockingham county's commissioners even declined to pay for Conway's legal costs in the case!

Before Conway took office, her husband (Sgt. Eric Lamb of Salem Police) had erroneously been cleared off the state's Laurie List - a list of officers with potential credibility issues. Conway denied any wrong-doing in that matter.

Even the New Hampshire Bar Association has raised concerns over Conway's impartiality and fairness.

With all of this information available, the New Hampshire Firearms Coalition asks that you contact the following Executive Councilors and urge them to oppose Conway's confirmation as a Superior Court Judge.
Executive Council office (603-271-3632)

Councilor Joe Kenney [email protected] (603-447-9263)

Councilor Dave Wheeler [email protected] (603-673-3604)

Councilor Cinde Warmington [email protected] (603-225-7262)

A judicial appointment serves until age 70. Conway, now age 50, would serve on the bench for TWENTY YEARS.

New Hampshire deserves a more thorough investigation into Conway's views on inalienable rights, and a more thorough investigation into her impartiality and fairness.
With that in light, we must take action NOW to make sure the Executive Council does not confirm Conway on Wednesday April 21. Contact Councilor Joe Kenney, Dave Wheeler, and Cinde Warmington NOW and tell them Patricia Conway needs a more thorough vetting!

This year has had unprecedented challenges and we need you help now more than ever. NHFC has spent much time walking the fine line of sharing news on Facebook and avoiding being thrown off of Facebook for our activism.
This is where you can help. Ask your friends to sign up for our alerts. The more people that are directly connected to NHFC, the stronger the gun owners are in the State of NH. There is a very real chance that we will not be able to post on facebook as they continue to censor us and our discussions of ideals that they despise.
 
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No matter what anyone tells you, NH is NOT, as a practical matter, a Florida style stand your ground state. A person is allowed to raise the "affirmative defense" of self-defense, ONLY IF THE TRIAL JUDGE ALLOWS you to. The jury is not allowed to hear your law based claims of self-defense unless the trial judge allows it. Patricia Conway and her office have more than once prosecuted those who acted in self-defense. There is no record of Attorney Conway having ever been a defense attorney and DEFENDED those who acted in self defense.

NH does have something better, though: jury nullification is recognized in the constitution and the RSAs.

 
NH does have something better, though: jury nullification is recognized in the constitution and the RSAs.

But do the courts allow defense attorneys to mention this at trial?
 
Rat hole might go even deeper.
Internal rumors are that there may be some real election fraud issues in the candidate's past (Actually criminal penalty level stuff). More details soon.

And there is a possible issue of fairness:
“qualified but with reservations about her legal knowledge outside of criminal law and with reservations about her impartiality and fairness.“
Seems like a great role model [sarcasm] Over zealous in prosecuting self defense cases against dogs that are attacking one's wife, votes some place she does not live and the NH BAR thinks there are fairness issues...
 
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NH does have something better, though: jury nullification is recognized in the constitution and the RSAs.


Another reason people should not try to avoid jury duty.
 
But do the courts allow defense attorneys to mention this at trial?
You could have just clicked and read the very short article, but okay:

519:23-a Right of Accused. In all criminal proceedings the court shall permit the defense to inform the jury of its right to judge the facts and the application of the law in relation to the facts in controversy.
 
@Admin
Patricia Conway withdrew her name from consideration this morning. Call this a #win

Thank you for posting to the sticky threads.

2 more nominations made this morning. Research to be done on the next two:
Daniel Wills, NH AG office
Elizabeth Leonard, Circuit court judge
 
Daniel Will (no s) is the nominee and there may be a concern. According to Granite Grok there is an issue from the Binford case about constitutional rights. Further research required.
 
There's a huge issue....he was the lawyer that pushed the assertion on behalf of Sununu that the governor could suspend constitutional rights during a state of emergency......

chew down on that.....governor is granted temp emergency powers via RSA......not even via constitutional amendment......simple RSA.....and the lawyer and judge both take side than suddenly the governor can suspend the constitution.

Truly mind boggling cognitive failures
Not really a good analysis based on just that case. He is/was employed by the AG's office and that is the job of that office. Now look for some other material or cases that support your opinion.
 
Does anyone know about the next nominee? NH Solicitor General Daniel Will
Public hearing is this week
 
Hearing is this Thursday at 1pm. Listen in, we might need to work at defeating this candidate.


Public Notice


The Executive Council will hold public hearings on the nominations of Daniel E. Will, Loudon, NH and Elizabeth M. Leonard, Concord, NH to serve as: Justice's for the State of New Hampshire Superior Court.


THE PUBLIC HEARINGS WILL BE HELD:


Thursday, May 6, 2021
Daniel E. Will at 1:00 p.m.
Elizabeth M. Leonard at 3:00 p.m.
At the Division of Motor Vehicles
23 Hazen Drive, Concord, NH


PLEASE USE THE AUDITORIUM ENTRANCE AT THE BACK OF THE BUILDING ON THE RIGHT SIDE


Pursuant to RSA 91-A:2 this meeting is open to the public.
This is an opportunity for the public to comment on the nominee(s).
Public comment may also be submitted by email to: [email protected]


To participate remotely:


  1. Dial the call in number: 1-800-356-8278
  2. Enter the 6-digit code: 119882
  3. When prompted, clearly state your first and last name then one of the following four options: speak in support, speak in opposition, attending in support, or attending in opposition.

Social distancing protocols will be observed. Masks and hand sanitizer will be available.
 
Nice email blast OP. Great way of framing the argument up front that Mr Will believes constitutional rights can be suspended and the slippery slope that can lead to.
 
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