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License denial case in Keene

I had a friend who was denied a license in Dover NH because he lived in a seedy neighborhood in a known party house.

He went to court and won....

I dont know what is so confusing about shall issue.

Or has something in NH changed? Do C.O.P now have suitability discretion
 
I had a friend who was denied a license in Dover NH because he lived in a seedy neighborhood in a known party house. He went to court and won.... I dont know what is so confusing about shall issue. Or has something in NH changed? Do C.O.P now have suitability discretion
Nothing has changed, it's just that Keene's CoP believes this particular agitator is not a suitable person, is well-known as an annoying git with multiple misdemeanor convictions arising from his antics in Keene. But is Derrick unsuitable?

RSA 159:6 said:
upon application of any resident ... shall issue a license to such applicant authorizing the applicant to carry a loaded pistol or revolver in this state ... if it appears that the applicant ... has any proper purpose, and that the applicant is a suitable person to be licensed. Hunting, target shooting, or self-defense shall be considered a proper purpose. ...
So while the words "shall issue" appear, there are also some qualifying clauses following. An application can be denied based on "suitability", but the chief better be able to back up his decision with some facts, or it may cost him (literally) in court.

Current licensing law needs to be tightened up, the suitability language removed and discression wrt creation of the application form and requirements needs to be stripped from the state police as they are little more than a tool to be abused by whomever is sitting in the corner office in concord
I'd be concerned that language to replace "suitability" could actually be worse than the current situation. No argument about the rest, the state police have proven they are more than capable of screwing up the process, as seen in the "[thread=232662]Restricted Non-Resident[/thread]" thread.
 
Not sure if there is another thread on this, but it looks like the right place to put this info.

The judges decision in this case:

http://freekeene.com/wordpress/wp-content/uploads/2014/12/Derrick_Unsuitable2014-12-08.pdf

Post about the denial on FK:

http://freekeene.com/2014/12/20/shock-judge-burke-upholds-keene-police-decision/
After reading that decision it is really difficult to maintain the pretense that NH is still "shall issue" given that the Keene decision will undoubtedly be used as precedent.
 
Oh, it was Judge Burke, go figure. The very same judge who once made a false statement to police in order to get an arrest. The same judge who had people arrested for wearing hats and failing to sit fast enough. Yeah, he doesn't really like the freekeene folks too much.
 
Oh, it was Judge Burke, go figure. The very same judge who once made a false statement to police in order to get an arrest. The same judge who had people arrested for wearing hats and failing to sit fast enough. Yeah, he doesn't really like the freekeene folks too much.

Appeal in 3,2,1.....
 
Case No: 449-2014-CV-00110

Sounds a lot like MA [angry]
Sure, it's exactly like MA where [STRIKE=there is no appeal]there is no appeal[/STRIKE] burden of proof upon appeal is on the applicant, restrictions have the force of law, and more than a handful of citizens suffer denials despite never having quite managed to get themselves sufficient convictions to be a federally prohibited person.[rolleyes]

I don't agree 100% with the decision, but it does appear the judge put considerable thought into it; Derrick should have recognized that the time to argue that his unlawful actions were not malicious was back before he copped a plea on all those earlier charges, time and again:
Judge Edward J. Burke said:
After considering the evidence and viewing the recording offered by the defendant, the court finds that due to the nature of his criminal record, the petitioner is not a suitable person to be issued a permit to carry a concealed weapon.
. . .
Officer Chidester testified as to a number of convictions that are on the petitioner's record in Keene. These included charges and convictions for resisting arrest and obstructing governmental administration. (The record also contained at least one conviction of marijuana possession. but the court does not take that into consideration, one way or the other, in determining the petitioner's suitability for a license.) The defendant was also convicted of common law criminal contempt and disobeying an officer. What is noteworthy about these convictions is that they involve resistance to law enforcement authorities in the proper exercise of their authority. That is. the petitioner has demonstrated, time and again, that he has little or no respect for law enforcement officials.

This lack of respect does not, per se, render the defendant unsuitable: no one can mandate that respect. The petitioner's record does show, however, that he manifests that lack of respect by repeatedly placing himself in situations where the authority of the police is challenged. While a challenge to police authority is not always inappropriate, the petitioner's chosen method of doing so is to do so in ways, evidenced by the record of convictions, that led almost ineluctably to physical confrontations with the police. The petitioner's testimony made it clear that he is committed to acting in similar fashion in the future. Under these circumstances, the court finds that the petitioner is unsuitable to possess a concealed weapon.
. . .
To be sure, the petitioner testified that his motivation in resisting arrest and committing these other offenses is based on political considerations (ostensibly making a First Amendment claim). Acts of civil disobedience may be expressions of great moral, political or religious courage, from which society may ultimately benefit. But if the law being violated is constitutional, one's motives do not excuse a violation. And the petitioner, despite his motivations, must live with the consequences.

To accept the petitioner's contention that he should be issued a license despite these convictions would fly in the face of reasonableness. Although not necessary to support the court's finding of unsuitability, it is noted that to allow the petitioner to go through his prior court proceedings and accept guilty findings, even in the wake of a nolo plea, only then to accept at face value his own version of the events in support of a request for a license could serve to undermine the integrity of the criminal justice process. That is, if the petitioner had a claim, constitutional or otherwise, that his conduct was excusable or otherwise not culpable, the time and place for the exercise of that position would have been through a trial. By pleading nolo and accepting a guilty finding, he cannot open the door to offering his own version of the events at a later date for his own benefit.
. . .
The court reminds the parties that the petitioner is in no way, as far as the evidence in this case demonstrates, prohibited from possessing a firearm. This decision merely prevents him from carrying a concealed weapon.
tl;dr = Derrick is well-known as an annoying git with multiple misdemeanor convictions arising from his antics in Keene. You reap what you sow.
 
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MA there is an appeal for LTC denial.

Yeah, but it's pretty much likely to fail, whereas in NH if you had a ding or two of minor BS on your record your chance of appealing it is very high. The only people I've seen "suitability denied" in NH seem to have a dumpster full of conduct the PD can use against them in court.

That said, this whole circus is another reason why any state should aim to be 100% free by default. No permit, no suitability; and the only way they can take your rights away is to make you a large-type felon or literally lock you up somewhere.

-Mike
 
MA there is an appeal for LTC denial. They are messing with him because they can IMO....
OK, I fixed my post. There is appeal, but with burden of proof is on the applicant, MA appeals are effectively a lost cause.

I'm sure it has nothing do do with how Derrick J Horton^WFreeman, along with his CopBlock/FreeKeene friends, has spent the last 3+ years messing with Judge Burke and the Keene Police.


I'm sure we'll be seeing Derrick out there doing open-carry pot-smoking unlicensed-hairdressing protests, once the weather warms up.
 
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Now I now some of you Granite State Boyz gits yore panties all wadded up cuz this comes up every couple of years, but NH is technically not a shall issue state. There are no restrictions on purchasing firearms other than meeting federal laws, there are no restrictions on open carry except in a vehicle, but a license for CC is a different deal, surprise, surprise...you thot everything was "Live Free or Die" mebbe, mebbe not, plus figure Keene is kinda like Cambridge, MA with tens of thousands of punkins in the fall.
 
The Cop block /Free Keene people believe in the Constitution and fight for all of our rights. They are largely dismissed by the very people who should support them. I commend them and wish them much success in the future.
 
The Cop block /Free Keene people believe in the Constitution and fight for all of our rights. They are largely dismissed by the very people who should support them. I commend them and wish them much success in the future.

See this is the problem. The peeps on the streets are not the poster children for all these Gadsden Flag Go Time Boyz. They want want a nice middle class revolution with furry faced chubby guys decked out in cammies quoting Thomas Paine with their home built ARs. They get all upset when some libtard pointy head intellectool gets uppity or when some street thug bushwhacks some LEOs in NY. They are looking for the perfect incident and the perfect poster child. Revolutions are messy. They are composed of not so nice people. A lot of people on this forum talk the game but are really so establishment they might as well be part of the JBTs they say they loathe. They only want you to have rights and guns as long as you agree with them.
 
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Now I now some of you Granite State Boyz gits yore panties all wadded up cuz this comes up every couple of years, but NH is technically not a shall issue state. There are no restrictions on purchasing firearms other than meeting federal laws, there are no restrictions on open carry except in a vehicle, but a license for CC is a different deal, surprise, surprise...you thot everything was "Live Free or Die" mebbe, mebbe not, plus figure Keene is kinda like Cambridge, MA with tens of thousands of punkins in the fall.

Wow. Surprised it took you so long to show up with this crap. Finally get to figure out this "Ignore" function.
 
The Cop block /Free Keene people believe in the Constitution and fight for all of our rights. They are largely dismissed by the very people who should support them. I commend them and wish them much success in the future.
There's beliefs, there is acting on your beliefs, and there's being a total a**hole while acting on your beliefs. I agree with their principles, but some of the core of CopBlock and Free Keene always seems to go full retard.

I'm not going to say the most visible participants in Keene are agents provocateur, but for many of them, the "game" is just as much about ego as it is about "the cause". If you have any doubt, just look at the smile on Derrick's face as he is arrested:
35d9kcp.jpg

Either he is having fun goading authority, he has a secret fetish for women in uniform, or both.
 
Now I now some of you Granite State Boyz gits yore panties all wadded up cuz this comes up every couple of years, but NH is technically not a shall issue state. There are no restrictions on purchasing firearms other than meeting federal laws, there are no restrictions on open carry except in a vehicle, but a license for CC is a different deal, surprise, surprise...you thot everything was "Live Free or Die" mebbe, mebbe not, plus figure Keene is kinda like Cambridge, MA with tens of thousands of punkins in the fall.

It's pretty disingenuous to conflate NH with MA in this regard. Despite these cases, you still have to **** up pretty badly to get denied this way in NH. The "bars" to be met are not even within 1000 feet of each other. Let's throw in the fact that if this guy was in MA, he wouldn't have any ownership rights at all. He'd be shit out of luck, or stuck with a worthless FID.

See this is the problem. The peeps on the streets are not the poster children for all these Gadsden Flag Go Time Boyz. They want want a nice middle class revolution with furry faced chubby guys decked out in cammies quoting Thomas Paine with their home built ARs. They get all upset when some libtard pointy head intellectool gets uppity or when some street thug bushwhacks some LEOs in NY. They are looking for the perfect incident and the perfect poster child. Revolutions are messy. They are composed of not so nice people. A lot of people on this forum talk the game but are really so establishment they might as well be part of the JBTs they say they loathe. They only want you to have rights and guns as long as you agree with them.

I don't think it's that people here disagree with their mission, I just think that some of these groups act in basically "the most ass way possible". It's to the point where it makes you wonder if these people are actually plants by the government to have the net effect of keeping fence sitters away from dissenting. I don't wear that much tinfoil yet, but it does kind of make you wonder. There is an art to annoying the machine but not getting in trouble for it. Some of these FSP/FK types probably know exactly what I'm talking about, and they manage to not get themselves arrested, or upset anyone other than .gov officials. Of course I would bet that people like this guy argue that "getting arrested is a badge of honor" the problem is, "joe publik" sees it and just thinks the guy's retarded. Then by association they think he's just a loon toon and his whole "mission" is retarded.

-Mike
 
Yeah, but it's pretty much likely to fail, whereas in NH if you had a ding or two of minor BS on your record your chance of appealing it is very high. The only people I've seen "suitability denied" in NH seem to have a dumpster full of conduct the PD can use against them in court.

That said, this whole circus is another reason why any state should aim to be 100% free by default. No permit, no suitability; and the only way they can take your rights away is to make you a large-type felon or literally lock you up somewhere.

-Mike

This
 
I don't think it's that people here disagree with their mission, I just think that some of these groups act in basically "the most ass way possible". It's to the point where it makes you wonder if these people are actually plants by the government to have the net effect of keeping fence sitters away from dissenting. I don't wear that much tinfoil yet, but it does kind of make you wonder. There is an art to annoying the machine but not getting in trouble for it. Some of these FSP/FK types probably know exactly what I'm talking about, and they manage to not get themselves arrested, or upset anyone other than .gov officials. Of course I would bet that people like this guy argue that "getting arrested is a badge of honor" the problem is, "joe publik" sees it and just thinks the guy's retarded. Then by association they think he's just a loon toon and his whole "mission" is retarded.

-Mike


FK does not equal FSP

FSP in no way shape or form equals FK

There may be folks in FK that are members of FSP but make no bones about it, they and their actions do NOT represent the views of most in FSP let alone the leadership of FSP
 
this whole circus is another reason why any state should aim to be 100% free by default. No permit, no suitability; and the only way they can take your rights away is to make you a large-type felon or literally lock you up somewhere.

-Mike

This. The guy has done nothing violent enough to warrant rights revocation, and he has had his rights revoked anyway. Whatever you think about how much of a jerk he is or isn't, we should all be able to agree on that.
 
Either he is having fun goading authority, he has a secret fetish for women in uniform, or both.

So he is being discriminated because of his sexual orientation? That should work.


Jokes aside, I donated for his appeal. This is retribution and given that his history of civil disobedience seems to be in the pursuit of laudable goals and has not been violent, I don't agree that his fundamental rights should be infringed on because of it.

- - - Updated - - -

That said, this whole circus is another reason why any state should aim to be 100% free by default. No permit, no suitability; and the only way they can take your rights away is to make you a large-type felon or literally lock you up somewhere.
Yup
 
=drgrant;4262676]It's pretty disingenuous to conflate NH with MA in this regard. Despite these cases, you still have to **** up pretty badly to get denied this way in NH. The "bars" to be met are not even within 1000 feet of each other. Let's throw in the fact that if this guy was in MA, he wouldn't have any ownership rights at all. He'd be shit out of luck, or stuck with a worthless FID.

I find it absolutely amazing that people draw the conclusion that I was trying to conflate or otherwise compare MA with NH. I think I clearly pointed out that one can purchase and open carry firearms in NH. Everyone is quick to jump on the trigger and it is becoming sensitive issue especially to those who move there trying to escape MA, but the simple fact is this: NH is not a "shall issue" state with regard to the granting of CCW (P&R) licenses. There appears to be an almost hypersensitivity to the issue. Let's take Massachusetts out of the equation for a moment, let's pretend that Massachusetts is 2,000 miles away from NH and get rid of the absolutely stupid "My state is better than your state" and look at it only in the context of the geographical/demographical entity of itself:

Fact 1: CCW May Issue, not shall issue.
Fact 2: 2 Representatives Both Democrats, 1 Democratic Senator, Governor of NH is a Democrat
Fact 3. NH has voted Democratic in the last three Presidential Elections

It is only in the State Legislature (which like MA styles itself officially as "The General Court") that we see a Republican Majority in both houses. It is also noteworthy that like many states NH does not pay its legislatures a full time salary which in and of itself is unremarkable.

It gets both tiresome and irksome to have these boastful people who come on NES who extol the virtues of NH without comprehending the political reality of their changing demographics. No, New Hampshire is not Massachusetts, never will be, just like Massachusetts will never be New Hampshire. But people who have lived here all their lives can tend to fall into a sort of myopic provincialism because they only see the two states in such dramatic contrast.

The fact as I see it, is the more populous and hence more influential center of New Hampshire, the southern sector is changing and is becoming more blue and I think if present trends continue, will exert more of a liberal influence on the state. The north, and center portions of the state will see more independent minded people, but it's not going to be the way it was, and there are going to be changes. The time may come when NH residents will pay income tax, have stricter gun control laws, and actually have to wear seat belts. It may not happen now, or ten years from now, but I rather imagine it will come as the influx of out of staters will continue to arrive across the border. The irony is that people move to get away from where they were, but want to make where they come just like where they were. Think not? Look at Pima County, Arizona (Tucson) or Montana with its influx of Southern Californians. Also too, Americans are fundamentally changing. Like it or not, they want their Social Security and their Medicare. We are also changing culturally and racially...the numbers support it. This leads to the next issue: Revolution.

I don't think it's that people here disagree with their mission, I just think that some of these groups act in basically "the most ass way possible". It's to the point where it makes you wonder if these people are actually plants by the government to have the net effect of keeping fence sitters away from dissenting. I don't wear that much tinfoil yet, but it does kind of make you wonder. There is an art to annoying the machine but not getting in trouble for it. Some of these FSP/FK types probably know exactly what I'm talking about, and they manage to not get themselves arrested, or upset anyone other than .gov officials. Of course I would bet that people like this guy argue that "getting arrested is a badge of honor" the problem is, "joe publik" sees it and just thinks the guy's retarded. Then by association they think he's just a loon toon and his whole "mission" is retarded.

-Mike


Many of you who talk about "Go Time" and vaguely allude to some kind of revolution aren't advocating revolution at all. You are advocating a reaction or return to a time of the past. A true revolution upends society from stem to stern and totally remakes its social, cultural and religious institutions. The first real revolution was in France. The Chinese had a revolution, the Russians had a revolution, the Americans had a Reaction, and the Civil War was a war for independence by the South but it really wasn't a revolution. In 1776 and 1861 the warring parties wanted essentially to maintain the status quo. There was nothing revolutionary about it. If the British had allowed representation in Parliament and the tariff issue had been resolved by the Congress favorably towards the South, there would have been no War of Independence or Civil War (save the cutesy comments about War of Northern Aggression etc., not funny or cute).

So what IMO, is the way out of this mess for folks like you and me: well it's both simultaneously simple and complex at the same time. Most of you probably can't hack a true revolution or a "Go Time" because you would have to deal with all kinds of unsavory folks whose values you don't share, and then you would have to purge them once the revolution was over, or they would purge you...it's that simple. The best you can hope for, is secession, a Third Civil War if you will where you can go with your kind, and your values and live in a world where you can reflect those values, but it will be a hard world, and probably not a very prosperous world, I'm thinking semi-agrarian, and no it won't be based on mutual cooperation or some kind of minanarchist kind of thing. Again IMO. You will be surrounded by all kinds of hostile states, some financed and controlled by the new world powers, I'll let your imaginations run wild in figuring out who will run the world in the next 50-75 years, but I think you know.

Now how long with this take? Good question, as little as 30 years and as long as 100 years, but in my heart and soul, I think it is coming, and that there is a historical inevitability to it. Read British historian Arnold Toynbee, read Gibbon...and yes even read Marx, bad social philosopher but not such a bad historian. YMMV...but who knows, who really knows?
 
FK does not equal FSP

FSP in no way shape or form equals FK

There may be folks in FK that are members of FSP but make no bones about it, they and their actions do NOT represent the views of most in FSP let alone the leadership of FSP

Sorry if I made it appear that way, but there is a lot of crossover. That doesn't mean however, that FSP as an organization supports what these people do, per se.

-Mike
 
There is a tendency for folks to not distinguish between the two groups.....

FSP is nothing more than a group trying to get 20k liberty minded folks who agree with the statement below to move to NH.....Once you're here thats it.....they are NOT a political organization, do not endorse candidates etc.......

"exert the fullest practical effort toward the creation of a society in which the maximum role of government is the protection of individuals’ rights to life, liberty, and property."

Its pretty tough to make objections to the above as well as their website

https://freestateproject.org/

Contrast this with the FK groups actions.....frequently questionable and their website........

Not bashing FK......but I'm not in agreement with their actions most of the time.
 
Problem is that all the more moderate FSP early movers (~1600) are not making videos to get noticed...they are not activists. Many are involved in getting elected, charitable causes, homesteading, etc. The FK crowd are activists and are bored IMO. They are making their own news, which can sometimes come off as childish.

Once the move is triggered, the FK people will take their activist media machine and use it to cover the more moderate FSP'ers. This machine will help spread the word and hopefully create a positive feedback loop and encourage even more liberty minded people to move to NH.

While I often disagree with FK tactics, I think they will be valuable down the road.

There is a tendency for folks to not distinguish between the two groups.....

FSP is nothing more than a group trying to get 20k liberty minded folks who agree with the statement below to move to NH.....Once you're here thats it.....they are NOT a political organization, do not endorse candidates etc.......

"exert the fullest practical effort toward the creation of a society in which the maximum role of government is the protection of individuals’ rights to life, liberty, and property."

Its pretty tough to make objections to the above as well as their website

https://freestateproject.org/

Contrast this with the FK groups actions.....frequently questionable and their website........

Not bashing FK......but I'm not in agreement with their actions most of the time.
 
No state, private police, subscription firemen, caveat emptor as the law of the land

Also, one can only hope that the (young, idealistic, full of piss and vinegar) Free Keene crowd will eventually grow up, and start acting like adults.

Another concern is more that there is a decidedly anarchistic bent to not only Free Keene, but also many others involved in the Free State Project. Their goal isn't a free state, it's no state.
 
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Whats wrong with not having a state?

Realistically there will always need to be some kind of organization for national defense, and a court system.

Another concern is more that there is a decidedly anarchistic bent to not only Free Keene, but also many others involved in the Free State Project. Their goal isn't a free state, it's no state.
 
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