Denied Pistol License in Plaistow ( my son, not me )

[MikeRizz]

My son recently applied for his pistol permit in Plaistow and just found out yesterday he was denied. He has NO felony's and was able to pass the NICS check last fall when he purchased a new handgun. So, what am I missing here? All they would tell him was he was denied due to " the background check ". Sounds like a load of bullshit too me! I will also admit I am unsure what the appeal process is but I did tell him he absolutely needs to appeal this!

Edit: He sent me a picture of the letter, it states " based upon the background check that was conducted, you are deemed not a suitable person ". Yet he passes the NICS check to buy a firearm.

 

[robjax]

Was all his info correct on his app? He didn't give an incorrect social or anything or birth-date? Maybe screwed one digit by mistake? I'm thinking maybe a typo somewhere either on his part or the person who did the check?

 

[MikeRizz]

Was all his info correct on his app? He didn't give an incorrect social or anything or birth-date? Maybe screwed one digit by mistake? I'm thinking maybe a typo somewhere either on his part or the person who did the check?

I asked and he said he was certain all his info was correct.

 

[bill o]

It sounds like a suitability denial, not statutory. Sue them.

 

[Bonesinium]

Sounds like a bunch of BS and I doubt when the legislature said they must state the reason for the denial in writing they meant they could just say the reason is because you aren't suitable. No shit. If not the denial would be illegal. How did you determine that?

Appeal ASAP.

- - - Updated - - -

It sounds like a suitability denial, not statutory. Sue them.

That doesn't make sense. It's the same thing.

 

[PATRON]

Before you jump into lawyer first find out what was the suitable reason what did he do that made him unsuitable.I would also get a copy of the paper work he filled out. To see if all was correct.Then I would go from there as far as a lawyer, it could save you some money.

 

[slugworth]

Anything happen between now and last fall he's not telling you??

 

[Kevin_NH]

Does he have a common name?

Was all his info correct on his app? He didn't give an incorrect social or anything or birth-date? Maybe screwed one digit by mistake? I'm thinking maybe a typo somewhere either on his part or the person who did the check?

If he didn't provide his Social Security Number (optional on the form), and he is sure his record is clean, it's possible that Plaistow FUBAR'd the background check.

Before you jump into lawyer first find out what was the suitable reason what did he do that made him unsuitable.I would also get a copy of the paper work he filled out. To see if all was correct.Them I would go from there as far as a lawyer, it could save you some money.

+1

He has 30 days in which to appeal, before jumping straight to paying $,$$$ to a lawyer, it wouldn't hurt to ask PPD for details (get it in writing!), worst case, bring that with when you meet with the law talking dude.

 

[drgrant]

My son recently applied for his pistol permit in Plaistow and just found out yesterday he was denied. He has NO felony's and was able to pass the NICS check last fall when he purchased a new handgun. So, what am I missing here? All they would tell him was he was denied due to " the background check ". Sounds like a load of bullshit too me! I will also admit I am unsure what the appeal process is but I did tell him he absolutely needs to appeal this!

Edit: He sent me a picture of the letter, it states " based upon the background check that was conducted, you are deemed not a suitable person ". Yet he passes the NICS check to buy a firearm.

There's also a slim possibility someone has stolen his identity between now and last fall. There are at least one or two people who have had their identity jacked which caused big problems WRT permits and licensing....

-Mike

 

[terraformer]

Plain and simple. They MUST tell you why he was denied. Period. They didn't. Tell them the law requires they provide specific information.

 

[bill o]

Sounds like a bunch of BS and I doubt when the legislature said they must state the reason for the denial in writing they meant they could just say the reason is because you aren't suitable. No shit. If not the denial would be illegal. How did you determine that?

Appeal ASAP.

- - - Updated - - -



That doesn't make sense. It's the same thing.

What part doesn't make sense? There's nothing you can do if you are statutorily prohibited. But you do have options if the licensing officers denies you based on suitability.

 

[ScottS]

What part doesn't make sense? There's nothing you can do if you are statutorily prohibited. But you do have options if the licensing officers denies you based on suitability.

There's no disctinction in NH law. Here's the cite:

"...shall issue a license to such applicant authorizing the applicant to carry a loaded pistol or revolver in this state for not less than 4 years from the date of issue, if it appears that the applicant has good reason to fear injury to the applicant's person or property or has any proper purpose, and that the applicant is a suitable person to be licensed. "

You can only be "suitable" or not. There is no such thing in NH as a "statutory denial." If you were a prohibited person, for example, you would be deemed "not suitable." There are no "sub-categories."

 

[bill o]

There's no disctinction in NH law. Here's the cite:

"...shall issue a license to such applicant authorizing the applicant to carry a loaded pistol or revolver in this state for not less than 4 years from the date of issue, if it appears that the applicant has good reason to fear injury to the applicant's person or property or has any proper purpose, and that the applicant is a suitable person to be licensed. "

You can only be "suitable" or not. There is no such thing in NH as a "statutory denial." If you were a prohibited person, for example, you would be deemed "not suitable." There are no "sub-categories."

I'm sorry, I didn't realize this was a NH discussion. My bad.

 

[ScottS]

I'm sorry, I didn't realize this was a NH discussion. My bad.

Since there are only about 7 unique town names in all of frickin' New England, you'd be excused for not immediately knowing which state has re-used a particular town name.

 

[SpeedOften]

I asked and he said he was certain all his info was correct.

How old is he? Any criminal / traffic history?

 

[MikeRizz]

Plain and simple. They MUST tell you why he was denied. Period. They didn't. Tell them the law requires they provide specific information.

Will do. He did file the appeal at the court today. They gave him a date to appear. I suggested he at least talk to an attorney. Does anyone out there do this for free?

How old is he? Any criminal / traffic history?

He is 26. He did have a DWI as a minor. No criminal record.

 

[shurmanter]

Was he convicted of the DWI? I'm not sure about in NH but in MA a DWI conviction makes you unsuitable, but a CWOF is a non issue as you weren't actually convicted. I'm wondering if its the same deal.

 

[Kevin_NH]

Was he convicted of the DWI? I'm not sure about in NH but in MA a DWI conviction makes you unsuitable, but a CWOF is a non issue as you weren't actually convicted. I'm wondering if its the same deal.

More specifically, a MA conviction for OUI makes one into a prohibited person. New Hampshire law is more reasonable for a first offense, but COP could still use it for "suitability".

 

[Squire]

COP has suitability power in NH? What? I thought that was the kind of shit that everyone moved to NH to get away from?

Sounds like Plaistow COP is bucking for a job in MA.

BTW, just got my non-resident NH P&R.

More specifically, a MA conviction for OUI makes one into a prohibited person. New Hampshire law is more reasonable for a first offense, but COP could still use it for "suitability".

 

[noxin]

COP has suitability power in NH? What? I thought that was the kind of shit that everyone moved to NH to get away from?

Sounds like Plaistow COP is bucking for a job in MA.

BTW, just got my non-resident NH P&R.

yeah, everyone thinks that, but suitable is not defined in the law and subject to the CoP opinion on people.

 

[Kevin_NH]

There's [thread=305976]a bill to remove discretion[/thread], but it's not looking good.

 

[Rob Boudrie]

More specifically, a MA conviction for OUI makes one into a FEDERALLY prohibited person.

FIFY

 

[strangenh]

FIFY

Click the link before "fixing" next time.

 

[soloman02]

My son recently applied for his pistol permit in Plaistow and just found out yesterday he was denied. He has NO felony's and was able to pass the NICS check last fall when he purchased a new handgun. So, what am I missing here? All they would tell him was he was denied due to " the background check ". Sounds like a load of bullshit too me! I will also admit I am unsure what the appeal process is but I did tell him he absolutely needs to appeal this!

Edit: He sent me a picture of the letter, it states " based upon the background check that was conducted, you are deemed not a suitable person ". Yet he passes the NICS check to buy a firearm.

Will do. He did file the appeal at the court today. They gave him a date to appear. I suggested he at least talk to an attorney. Does anyone out there do this for free?

He is 26. He did have a DWI as a minor. No criminal record.

Seth Hipple LOVES these cases. He generally charges $200/hr with a max of $800 for a license denial in district court. I highly doubt it would take 4 hours of time to fight a denial whereby the denied person has no criminal record.

http://nhlegalservices.com/contact/

Tell him Harrison sent you (no I don't get a kickback).

Also NH does not have convictions when someone is a minor (unless they are 17 then they are considered an adult). It is called something like adjudicated juvenile delinquent and the record is sealed upon turning 18 and even further, NH law does not consider them to be a conviction so a person can truthfully answer "never been convicted" if they were under 17 when the law got involved.


Also note if you son has ever been arrested, that can and will be used against him by the chief. It is bullshit yes, but that is how it works since an arrest stays on your record until you file an annulment to have it removed. Seth can explain that process but it is pretty easy and can be done without help from an attorney.

More specifically, a MA conviction for OUI makes one into a prohibited person. New Hampshire law is more reasonable for a first offense, but COP could still use it for "suitability".

A first offense DWI in NH is a class B misdemeanor. So while it is criminal offense, there is no jail time attached to a class B, it is a maximum fine of $1,200. A DWI might stay on his driving record even if he was under 17 when convicted.

If the Plaistow chief thinks a DWI from NH makes someone not suitable he is gonna lose very badly in court. Luckily the NHSC has not gone so far as to make a DWI (or something equal like any other misdemeanor) a part of the definition of "not suitable."

COP has suitability power in NH? What? I thought that was the kind of shit that everyone moved to NH to get away from?

Sounds like Plaistow COP is bucking for a job in MA.

BTW, just got my non-resident NH P&R.

CoP's and the state police have ALWAYS has suitability power in NH. Since 1921 when the P&R law was enacted. People apparently forgot to read and stopped reading NH RSA 156:6 when they saw "shall issue a license" and therefore missed the last line in the run on sentence: "and that the applicant is a suitable person to be licensed."

 

[soloman02]

Lastly, if you are really unable to pay for an attorney, you could always contact your state reps and state senator to get them to apply pressure on the CoP.

Here are Plaistows reps (all republicans):
Debra DeSimone
Phone: (603)362-4314
Email: [email protected]

William Friel
Phone: (617)960-7445
Email: [email protected]

Norman Major
Phone: (603)382-5429
Email: [email protected]

Jeffrey Oligny
Phone: (205)351-8003
Email: [email protected]

Senator Chuck Morse is the senate president and has represented Plaistow as a senator for a long time, he is very well known.
Contact Information:
Senate Office
State House
Room 302
107 North Main Street
Concord, NH 03301
(603) 271-8472

[email protected]


You last representative is Shem Kellogg however he is undergoing treatment for cancer (stage 4) and currently is in Mexico undergoing experimental treatment that sounds like it works but is not FDA approved. You can still contact him but I highly doubt he will be very responsive at the moment.

Shem Kellogg
Phone: (603)560-8621
Email: [email protected]

 

[Rob Boudrie]

I highly doubt it would take 4 hours of time to fight a denial whereby the denied person has no criminal record.

I doubt it would take less than 4 hours.

You have to include:

1. Time spent discussing the case with the client

2. Time examining the clients record and preparing a pleading, citing authorities/precedents relevant to the client's particular case.

3. Time spent trying to negotiate with the issuing authority (often a precursor to an appeal)

4. Time spent in court waiting for your case to be called

5. Time getting to/from court

 

[Greschner 4]

FIFY

Isn't there a "pre ban" like date in MA whereby if you had a DUI prior to a certain time frame your are "home free"?

 

[Kevin_NH]

More specifically, a MA conviction for OUI makes one into a Federally prohibited person.

FIFY

Isn't there a "pre ban" like date in MA whereby if you had a DUI prior to a certain time frame your are "home free"?

Yep... it's all in the [post=3383182]link[/post] I provided in my early post.

 

[MikeRizz]

Thanks for the all info! He has been in contact with Seth already but I do not think he can afford to pay the cost. Seth did answer all his questions. He did appeal yesterday at Plaistow district court and was given a date in about two weeks to appear.

I am attaching the letter of denial.

 

[Bonesinium]

If she really is using that he was denied is because she found him unsuitable as the reason for the denial as she is required by law to give him in writing, then she is a real piece if shit. I might have to send her an email or give her a call. That is just bogus.