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Denied Pistol License in Plaistow ( my son, not me )
- Thread starter MikeRizz
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Unless I'm mistaken, and unless the applicant is prohibited from possession, can't he just open carry?
Yes, but not in a vehicle, and it is really besides the point.
Also your son should be aware of a couple things.
The issue of suitability. This he is clearly aware of and pursuing an appeal. But there is a SEPARATE issue as well. That is of the issuing official not comply with the statue by providing him a reason for denial. There is a process for challenging that as well and she can be held personally liable for the lack of compliance. Well, sort of maybe.
The first issue it sounds like he is properly appealing via RSA 159:6-c. This is good.[FONT=.HelveticaNeueUI]
[/FONT]http://www.gencourt.state.nh.us/rsa/html/xii/159/159-6-c.htm[FONT=.HelveticaNeueUI]
The second issue he can petition the Superior Court for under RSA 159:6-e
[/FONT]http://www.gencourt.state.nh.us/rsa/html/xii/159/159-6-e.htm
Just be aware of this.
http://www.courts.state.nh.us/supreme/opinions/2009/garan094.pdf
The issue of suitability. This he is clearly aware of and pursuing an appeal. But there is a SEPARATE issue as well. That is of the issuing official not comply with the statue by providing him a reason for denial. There is a process for challenging that as well and she can be held personally liable for the lack of compliance. Well, sort of maybe.
The first issue it sounds like he is properly appealing via RSA 159:6-c. This is good.[FONT=.HelveticaNeueUI]
[/FONT]http://www.gencourt.state.nh.us/rsa/html/xii/159/159-6-c.htm[FONT=.HelveticaNeueUI]
The second issue he can petition the Superior Court for under RSA 159:6-e
[/FONT]http://www.gencourt.state.nh.us/rsa/html/xii/159/159-6-e.htm
Just be aware of this.
http://www.courts.state.nh.us/supreme/opinions/2009/garan094.pdf
You have a few options:
Hold a fundraiser to raise the funds needed because apparently we live in a country where justice only exists if you are rich.
Loan him the money/get him to take out a personal loan at a local bank.
Contact his state reps and state senator (listed in my post above) along with a copy of the denial letter and a statement from you that he has no criminal record and be all WTF over this injustice. You could also copy the town manager and selectmen.
And lastly, I can try my hand at writing one of my "Hans Blix" emails to the female chief. I will be sure to CC all state reps, the town manager, and selectmen.
I have an email composed but I'm afraid it may cause retribution against your son, so I think I'll wait until after th appeal.
I re-read this. You state he has no felony's. Which is fine but this is suitability. Certain misdemeanors will cause a chief to deny to "let the courts sort it out."
So we need to know what, if any, misdemeanors he has on record since turning 18. Has he ever been arrested after turning 18 even if no charges were filed? I'm sure Seth asked him these questions. Did a crazy ex girlfriend ever call the cops? Did she ever file an RO? These are all things that would cause a female chief to deny and let the court decide. Even if there were no convictions. No it is not right but that is how it is.
There is no pleading as this is an appeal of denial. Also, since he has filed an appeal with the court already, the chief is not going to negotiate, they never do once an appeal is filed.
The hearing will likely take all of 15 minutes.
If this were a criminal matter I would agree that 4 hours would be used up very fast. But it is not. It is a voluntary appeal per RSA 159.
When he was 19 he was charged with " acts prohibited ". He was in a car with four friends, the car was pulled over and a small amount of marijuana was found in the car. No one would admit who it belonged to, so all four were charged. That is the only other time he has ever been arrested. No RO and domestic issues of any kind.
yeah, it doesn't make sense that Mass makes you list them. I guess if what you list prohibits you they just deny you right up front.
Anyway, IANAL but two arrests in within about three years seems like a hard fight to win. I hope he does. They both seem minor....so I'm wishing luck in this endeavor.
Anyway, IANAL but two arrests in within about three years seems like a hard fight to win. I hope he does. They both seem minor....so I'm wishing luck in this endeavor.
Today this would be like a parking ticket in many states, if that.
That said, "youthful indiscretions" that don't prohibit seem to be the kind of things that Chiefs are meant to decide are suitable or not (and no, I don't agree with this).
Ironically, as those in NH often say to those in MA, he should just move (to another NH town).
But was he convicted? And yes if he plead to something that counts as convicted. That is what truly matters.
Also, would he be willing to speak to the NHFC (Rep. JR Hoell) and/or WDLNH? They are both active in cases like this and would like to hear the details if only to better bolster their testimony and pressure they apply to reps, senators, and the governor in order to both fix suitability (remove it) and eventually remove the permit requirement entirely. If so I can get you contact info assuming JR hasn't already sent you a PM.
I would appreciate it if you could this!
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It depends if the courts in NH believe in due process.
If the arrests did not result in convictions, and the charges are not currently pending, any court that recognized due process would hold that under the law one cannot be punished for being found not guilty or having charges nolle prossed.
Of course, none of this related to MA in any way.
TayNinh_66
NES Member
He was charged with DWI as a minor, he was arrested for "Acts Prohibited" a violation of the Controlled Drug Act, information keeps dribbling out, He needs to take a trip to the District Court and get a copy of his file. He might not remember the charges that local PD threw at him. He may only remember the DA's plea bargain, but even with what you have mentioned so far, the court may uphold the chief's decision.
Please note that "Noting RSA 159:6 does not define "suitable person," the court stated, "However, we have construed the term to give some measure of discretion to the issuing authority to deny an application if it deems the applicant to be unsuitable." and also note that a conviction is NOT required.
See NH Sup Crt Case No. 2015-0003, Derrick Horton v. Keene PoliceDepartment
(See also Case No. 2015-0350, Thomas Newman v. New HampshireState Police Permits and Licensing Unit,)
(See Also Case No. 2013-0875, Alexey Obukhov v. John Bryfonski)
Please note that "Noting RSA 159:6 does not define "suitable person," the court stated, "However, we have construed the term to give some measure of discretion to the issuing authority to deny an application if it deems the applicant to be unsuitable." and also note that a conviction is NOT required.
See NH Sup Crt Case No. 2015-0003, Derrick Horton v. Keene PoliceDepartment
(See also Case No. 2015-0350, Thomas Newman v. New HampshireState Police Permits and Licensing Unit,)
(See Also Case No. 2013-0875, Alexey Obukhov v. John Bryfonski)
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Did he walk into the PD and ask? I would assume they would enlighten him. It's very plausible they told him and he didn't feel like sharing with you. But maybe that's because I have a tinfoil hat and never shared a bunch of stuff with my dad.
But maybe it is based on the two incidents you shared they deemed hes a risky subject based on his prior decision making.
But maybe it is based on the two incidents you shared they deemed hes a risky subject based on his prior decision making.
