Len,
Back in October, you wrote:
>> It has come to my attention that NH Saf-C 2104.02 (d) allows NH SP to
>> "REVOKE" a NR LTC if one becomes a NH Resident. Since revocations of any
>> gun
>> license/permit must be reported on every gun license/permit application
>> form
>> that I've looked at, it is considered a "black mark" on the applicant.
...and at the time, I passed it on to our PGNH Board and Senior Advisors.
Actually, the NH Administrative Rule, Saf-C 2104.02, says "shall" (not "allow"), which emphasizes the problem -- and I agree that the Admin Rule should be changed for the reason you wrote.
BUT: I just spoke with our BBB (Brilliant Beyond Belief) attorney, Evan Nappen, who pointed out that NH statute RSA 159:6-b applies:
159:6-b Suspension or Revocation of License. –
I. The issuing authority may order a license to carry a loaded pistol or revolver issued to any person pursuant to RSA 159:6 to be suspended or revoked for just cause, provided written notice of the suspension or revocation and the reason therefore is given to the licensee. A licensee whose license has been suspended or revoked shall be permitted a hearing on such suspension or revocation if a hearing is requested by the licensee to the issuing authority within 7 days of the suspension or revocation.
II. When the licensee hereunder ceases to be a resident of the community in which the license was issued he shall notify in writing the issuing authority at his new place of residence that he has a current license. Such license shall remain in effect until it expires pursuant to RSA 159:6.
Source. 1979, 355:2, eff. Aug. 22, 1979.
Let's examine this statute for the case of someone, like your friend, with a NH non-res license who moves to New Hampshire:
1. It requires the ISSUING AUTHORITY to do the revocation. That's the NH State Police.
2. It requires the revocation to be IN WRITING.
3. Your friend, moving from Massachusetts to NH, "ceases to be a resident of the community in which the license was issued." Arguably, that community was his town or city in Massachusetts. (Lawyers can argue about the word "in.")
4. So, tell your friend to "notify in writing the issuing authority [the chief of police] at his new place of residence [Hudson, NH] that he has a current license."
5. "Such license shall remain in effect until it expires pursuant to RSA 159:6" [which governs non-res as well as resident licenses].
Evan can tell you that this works. The only way for your friend to have his license revoked would be for the Hudson chief to contact the NH state police and ask for a revocation per Saf-C 2104.02(d), but why would he even be familiar with that Administrative Rule, since it deals exclusively with non-resident licenses? And why would he want to revoke the license, unless your friend suddenly became a felon or something?
If this unlikely scenario were to happen, your friend should immediately ("within 7 days") ask for a hearing to appeal the revocation -- and I bet Evan would easily win the appeal, and probably get the Admin Rule changed.
Please relay this to your friend, and tell him to join PGNH!
Best to you and xxxxxxxx.
Sam Cohen
Executive VP and CEO, Pro-Gun New Hampshire -->
www.PGNH.org
.....RKBA!..... (the exclamation point means "Shall Not Be Infringed!")
bcc: PGNH eBoard