• If you enjoy the forum please consider supporting it by signing up for a NES Membership  The benefits pay for the membership many times over.

Denied by NICS(New Hampshire)

N

Nicktbeadg

Joined
Jun 2, 2023
Messages
13
Likes
23
Feedback: 0 / 0 / 0
Hello, thank you for accepting me into the group. I hope I'm posting in the right place. So, I'm currently 36, back in 2007(age 20) I had to go to court that resulted in a 631:2-A Simple Assault(misdemeanor) charge on my record, never did jail time, paid $30 and left. The whole court process took less than 30 minutes.

In 2020 I was denied and got the 18 922 (g)(9). My understanding was that if it was a 631:2-B I would have been denied as that would be a Domestic charge. But also, I thought after 10 years it wouldn't matter regardless. So I'm not sure why I would get denied. It's the one and only time I've ever been in trouble with the law and even that ordeal was a false accusation.

What does one do in this case, hypothetically of course, if they already own a gun, from say a private purchase? What would happen if they got caught with it while completely minding their own business? Hypothetically I don't think it would be fair for someone to lose their rights over something so miniscule.

Thank you for any insight!
 
dgrantdoherty said:
You don't mention your state or if you have an ltc. But it doesn't matter. Call a lawyer. Too many variables.
Click to expand...
Sorry, it's in New Hampshire. My understanding is since it was a denial on a federal level, I would be ok since the HB1178 passed. But I'm not 100%.
 
dgrantdoherty said:
You don't mention your state or if you have an ltc. But it doesn't matter. Call a lawyer. Too many variables.
Click to expand...
he is in the NH gun law subform. I'll give him credit for that, especially being a noobie to the site.

OP I am not in NH, but would wait until some people here chime in with a name or two of a good lawyer that knows NH gun laws. there are the usually recommendations for MA residents, including a fabulous lawyer in @nstassel, who may be able to recommend a colleague who practices in NH, or may even be able to do so themselves, but I won't speak for them. Good luck with the fight. keep us updated as you go, how the process is, what was needed, what worked or didn't type of stuff. someone may be able to learn from your thread in the future.
 
413dan said:
he is in the NH gun law subform. I'll give him credit for that, especially being a noobie to the site.

OP I am not in NH, but would wait until some people here chime in with a name or two of a good lawyer that knows NH gun laws. there are the usually recommendations for MA residents, including a fabulous lawyer in @nstassel, who may be able to recommend a colleague who practices in NH, or may even be able to do so themselves, but I won't speak for them. Good luck with the fight. keep us updated as you go, how the process is, what was needed, what worked or didn't type of stuff. someone may be able to learn from your thread in the future.
Click to expand...
Yeah missed that. Not going to edit so everyone can see what a moron I am
 
Sean List is a name that comes up quite often as a lawyer. As does Penny Dean. Dean also provides testimony to the NH legislature on some gun bills.

HB1178 would have no effect on background checks.

Was it a pistol run through the NH Gun Line or a long gun run directly with the feds?
 
AFAR/PFAR said:
Sean List is a name that comes up quite often as a lawyer. As does Penny Dean. Dean also provides testimony to the NH legislature on some gun bills.

HB1178 would have no effect on background checks.

Was it a pistol run through the NH Gun Line or a long gun run directly with the feds?
Click to expand...
The background check was a pistol, done through Granite State in Hudson. But that was done before the HB1187. I'm more curious about how it would affect potentially other already owned guns. I have been in touch with Sean, haven't heard back though.
 
The important question that needs to be answered is whether you are a federally prohibited person or not. That status would govern not just a background check but ownership and possession as well.

Edited to add: To be clear, if you are a federally prohibited person, then you can't purchase or possess firearms or ammunition. A violation is punishable by up to 10 years in federal prison. That's why you need to clarify this immediately.
 
Last edited:
Nicktbeadg said:
The background check was a pistol, done through Granite State in Hudson. But that was done before the HB1187. I'm more curious about how it would affect potentially other already owned guns. I have been in touch with Sean, haven't heard back though.
Click to expand...

The bill has no effect on background checks.

I would ask your lawyer about your current firearms and not overtly talk about or display them.
 
M1911 said:
The important question that needs to be answered is whether you are a federally prohibited person or not. That status would govern not just a background check but ownership and possession as well.

Edited to add: To be clear, if you are a federally prohibited person, then you can't purchase or possess firearms or ammunition. A violation is punishable by up to 10 years in federal prison. That's why you need to clarify this immediately.
Click to expand...
I don't recall seeing that on the paperwork, I'll have to check that out.
 
Nicktbeadg said:
I don't recall seeing that on the paperwork, I'll have to check that out.
Click to expand...
It may not be on the paperwork.

If you were convicted of a felony or of a misdemeaner punishable by more than 2 years in prison, then you are a federally prohibited person. Note, it doesn't matter if you didn't spend a minute in jail. What matters is what the maximum possible penalty was for the misdemeanor. This is why you need a criminal attorney to check on this.
 
M1911 said:
It may not be on the paperwork.

If you were convicted of a felony or of a misdemeaner punishable by more than 2 years in prison, then you are a federally prohibited person. Note, it doesn't matter if you didn't spend a minute in jail. What matters is what the maximum possible penalty was for the misdemeanor. This is why you need a criminal attorney to check on this.
Click to expand...
Ah ok, I remember it saying "up to two years". I'm not arguing with everyone by the way. I need to talk to a lawyer, if I ever get rich enough to afford one. Just more of a conversation at this point I suppose.
 
Nicktbeadg said:
Ah ok, I remember it saying "up to two years". I'm not arguing with everyone by the way. I need to talk to a lawyer, if I ever get rich enough to afford one. Just more of a conversation at this point I suppose.
Click to expand...
1) You can get an initial consultation for free. That's why you go get the court paperwork FIRST. Bring that to the lawyer. If the lawyer has to retrieve that paperwork from the court, then YOU have to pay him to do that.

2) Can you afford a felony conviction and up to 10 years in prison? No, you can't. That's why you have to pay what it takes to get this answered. And it won't cost much.

Edited to add: the other alternative is to assume you are a federally prohibited person and never purchase or possess a firearm for the rest of your life. Your choice -- pay up to figure out or just assume you are a FPP and act accordingly.
 
Nicktbeadg said:
Hello, thank you for accepting me into the group. I hope I'm posting in the right place. So, I'm currently 36, back in 2007(age 20) I had to go to court that resulted in a 631:2-A Simple Assault(misdemeanor) charge on my record, never did jail time, paid $30 and left. The whole court process took less than 30 minutes.

In 2020 I was denied and got the 18 922 (g)(9). My understanding was that if it was a 631:2-B I would have been denied as that would be a Domestic charge. But also, I thought after 10 years it wouldn't matter regardless. So I'm not sure why I would get denied. It's the one and only time I've ever been in trouble with the law and even that ordeal was a false accusation.

What does one do in this case, hypothetically of course, if they already own a gun, from say a private purchase? What would happen if they got caught with it while completely minding their own business? Hypothetically I don't think it would be fair for someone to lose their rights over something so miniscule.

Thank you for any insight!
Click to expand...
IANAL, YMMV
Assuming you answered truthfully on the 4473, and it was only a simple misdemeanor assault, then you should not be a federally-prohibited person:
Simple assault and recklessly placing another in danger are misdemeanors, punishable by up to one year in jail, a fine of up to $2,000, or both.
Click to expand...
As I understand it, the next step is to file an appeal, Not sure how that works for NH so that's where an hour with a lawyer would help greatly.
 
Call Neil Tassel. nstassel here on the forum. You can pm him here or call his office. I cannot recommend him strongly enough.

I would avoid Penny Dean personally. I was not impressed by the interactions I've had with her. She may be a good lawyer, but when you see her she screams the opposite of a professional, and IMO in court that's a steep hurdle to overcome.
 
Thanks for all the help. I will try and get in touch with someone. I do already have the court case paperwork. Looking at my denial paperwork it does say 922(g)(9) is prohibited. Didn't think that mattered on a state level as of last year since in NH, violent misdemeanors aren't a disqualifier.
 
I do also have the appeal filled out, but it's been WAY more than 60 days. Also have annulment paperwork to fill out.
 
Unfortunately you're just going to have to pay someone to dig into it and press the matter legally. It very well could be a mistake, but even if it is, thr smoothest way to resolve is with a lawyer from the get go.

Our legal system sucks and background checks for guns are an abomination
 
it seems to me that the denial from the Feds is because they think it was a Domestic Assault charge?? 922(g)(9)
Nicktbeadg said:
Thanks for all the help. I will try and get in touch with someone. I do already have the court case paperwork. Looking at my denial paperwork it does say 922(g)(9) is prohibited. Didn't think that mattered on a state level as of last year since in NH, violent misdemeanors aren't a disqualifier.
Click to expand...
 
Section 922(g)(9) of Title 18, United States Code, makes it a crime for any person
convicted of a "misdemeanor crime of domestic violence" to possess a firearm. The phrase
"misdemeanor crime of domestic violence" is defined to include any federal, state, or tribal
misdemeanor offense, committed by a person with a specified domestic relationship to the
victim, that "has, as an element, the use or attempted use of physical force, or the threatened
use of a deadly weapon." 18 U.S.C. 921(a)(33)(A).
 
OK without asking you to give out personal information...

If you were entered a plea of guilty, you need to lawyer up and see what can be done as far as going back into court, and claiming that you had ineffective representation that did not advise you that by pleading guilty you were forfeiting your 2A rights

If you were convicted by a jury, or a Judge by way of a bench trial, you are screwed as your time to file an appeal is long gone.... pay a Lawyer to give you proper legal advice

If it was another disposition such as a CWOF or diversion plan, then again, lawyer up, have all the court records you can get ready to show him, especially the charges, and the disposition

Otherwise you'll have to wait for the Supreme Court to rule that under Bruen, any law that prevents someone in your position from owning a firearm is unconstitutional, and although there are cases winding thru the circuit courts that are going to force a SCOTUS ruling, I'm not expecting it to happen for a long time and even then I'm not sure it will be in your favor
 
PS hypothetically, if one who was denied by the Feds because of a domestic violence conviction purchased a gun private party, or went target shooting with a friend who let the PP handle or shoot his gun, or of the PP was caught with so much as a .22LR live round, they could get jammed up in a huge way.
 
Granted this is from a 2014 revision, so the text of the law in 2007 may be different, but if a family member or intimate partner was involved under the 2014 law

Upon proof that the victim and defendant were intimate partners or family or household members, as those terms are defined in RSA 631:2-b, III, a conviction under this section shall be recorded as "Second Degree Assault--Domestic Violence.''

Also under the 2014 text, a conviction is a class B felony even if no domestic component was involved
 
My charge wasn't a 631:2-B, it was 631:2-A, according to the paperwork the court sent me. The hearing started out saying "domestic", but they dropped a ton of charges because it was a repeat liar the judge actually was familiar with, so I'm not sure why the whole thing wasn't just dropped. Everything got "nolle prosse", and only thing that stuck was a "simple assault", as it's actually written that way on my info the court sent me. This whole thing is such BS that someone isn't legally allowed to protect themselves or wife and 2 children all because someone lied.
 

Similar threads

New Hampshire non-resident renewal (New York City resident) need help.
Replies
28
Views
1K
Joeldiaz
J
new hampshire resident purchase a long gun from a mass resident, what must be done
Replies
3
Views
654
appraiser
appraiser
New Gun Related LSRs (Requests to have a bill drawn up)
3 4 5
Replies
132
Views
6K
AFAR/PFAR
AFAR/PFAR
waiting for my new purchase.
Replies
24
Views
1K
sawz
sawz
Handgun waiting period bill clears New Hampshire House (NH-HB101)
Replies
15
Views
1K
DispositionMatrix
DispositionMatrix
Back
Top Bottom