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."