NH Alert! The DoS Has Changed the P&R License Application Form!**UPDATE POST 406

Read this line, read a couple of times if you need to. What this arsehole chief really believes in is more restrictions, Well **** HIM!!!


"it makes the state’s permitting process weak, Crate said. “For you to get a license to drive a car, you have to go through a few more steps. You don’t have to go through those steps to carry a concealed weapon.”"

Bullshit, you don't have to go through a background check to get a DL. Just show up at the DMV, take a simple test and don't kill anyone. They pretty much let anyone drive, even those who can't see or appropriately control the vehicle.
 
Read this line, read a couple of times if you need to. What this arsehole chief really believes in is more restrictions, Well **** HIM!!!


"it makes the state’s permitting process weak, Crate said. “For you to get a license to drive a car, you have to go through a few more steps. You don’t have to go through those steps to carry a concealed weapon.”"
Deserves its own comment.
 
Read this line, read a couple of times if you need to. What this arsehole chief really believes in is more restrictions, Well **** HIM!!!


"it makes the state’s permitting process weak, Crate said. “For you to get a license to drive a car, you have to go through a few more steps. You don’t have to go through those steps to carry a concealed weapon.”"

And another...

Enfield police Chief Richard Crate Jr., who also serves as president of the New Hampshire Association of Chiefs of Police, agreed; the changes didn’t really affect the issuing process. “Obviously any kind of more information we have on somebody, it makes us better informed to issue a permit,” Crate said, but he added the problem is not with the application form, but with the law itself.

It's not a permit. It's a license. And this is from - not only an issuing authority - but the so called President of the NH Association of Chiefs of Police? You'd think they'd know this law inside and out.
 
I've noticed the trend.

Antis tend to belittle it using the language permit which has a different connotation then a license - Which is the language specifically used by RSA, the application and the actual document itself. It's a license.

Anyway, it was a little troubling that posters on the Concord Monitor were equally misinformed, well most of them anyway.
 
And another...



It's not a permit. It's a license. And this is from - not only an issuing authority - but the so called President of the NH Association of Chiefs of Police? You'd think they'd know this law inside and out.
I'm sure what he "knows" is guns are not for the little people.
 
So where are we with this? Do we basically need a bill the defines "suitability" and another for CC?

If we keep the current licensing scheme, we need a bill to explicitly define the word "suitability." If we have a CC bill it will likely contain the same language while at the same time making the license optional.

Walt Havenstein has come out and said he supports CC.
 
And another...

It's not a permit. It's a license. And this is from - not only an issuing authority - but the so called President of the NH Association of Chiefs of Police? You'd think they'd know this law inside and out.

Sounds like he's been spending time with the MCOPA brass. And never assume any PO (never mind a chief) KNOWS any laws!! Chiefs are usually so far removed from reality in their ivory towers that they have no concept of the laws . . . that's why it is commonly referred to as "riding a desk" by those with boots on the street!!
 
If we keep the current licensing scheme, we need a bill to explicitly define the word "suitability." If we have a CC bill it will likely contain the same language while at the same time making the license optional.

Walt Havenstein has come out and said he supports CC.

We still need a licensing scheme for reciprocity reasons. So I think the agenda items should be 1. Statutorily define suitability - and while we're add it, let's also define the components of the physical application too via RSA, and 2. Constitutional Carry for all "suitable" individuals.
 
We still need a licensing scheme for reciprocity reasons. So I think the agenda items should be 1. Statutorily define suitability - and while we're add it, let's also define the components of the physical application too via RSA, and 2. Constitutional Carry for all "suitable" individuals.

Would the substitution of the word "qualified" for "suitable" fix everything (for that issue)?
 
I've noticed the trend.

Antis tend to belittle it using the language...
This is why I make a concerted effort to avoid using their language--at least unquoted--and not acknowledge they are permitting me to do something. Currently they control the language of the non-debate, and it works spectacularly in their favor--even at the most basic level. What they call "gun control" I call "gun restrictionism" or "gun prohibitionism" since the latter terms are accurate and directly convey their intent to restrict or prohibit. Since many gun prohibitionists have taken to using "gun enthusiast" in the pejorative, I have been referring to them as "civilian disarmament enthusiasts" at every opportunity.

Anyway, it was a little troubling that posters on the Concord Monitor were equally misinformed, well most of them anyway.
I posted a comment that was far tamer than some of what was there. Appears not to have been approved.
 
Would the substitution of the word "qualified" for "suitable" fix everything (for that issue)?

What is the definition of qualified?

Regardless of the word used, you still have to define it or the courts will do it for you (and not in your favor).
 
If we keep the current licensing scheme, we need a bill to explicitly define the word "suitability." If we have a CC bill it will likely contain the same language while at the same time making the license optional.

.

1. Statutorily define suitability - and while we're add it, let's also define the components of the physical application too via RSA, and 2. Constitutional Carry for all "suitable" individuals.

For those of you talking about the term "suitable person", I encourage you to read the link in the post below. It can help you realize just what we are dealing with. A bill defining it is not so simple. Though that is from 1997, you can bet the same arguments will remain today, and I'd bet we are dealing with even stronger opposition now. I agree this needs to happen, just trying to give some more insight. It's not going to be so easy.

Yep. We only got the "no other forms" language, reciprocity language, and 4-year license (was 2 years) in 1993; got the "all allowable purposes regardless of the purpose for which it was originally issued" language in 1994; got the 4 years changed from a maximum to a minimum in 1996 and added liability for bad faith license denials in '96, too.


In 1997, the house tried to fix the "suitable" term in the statute, in a manner similar to what the back of the form used to say.

The bill had started out as a bill trying to remove or reduce the liability of issuing authorities for bad faith license denials; then was amended in the house to instead define "suitable" (as "a person who is not prohibited by law from owning or possessing pistols or revolvers"), thus in theory reducing (via a bright-line definition) the likelihood of accidental liability for or frivolous suits against the issuing authority. It passed the house.


It was ITL'd in the senate.


Its senate record (including testimony transcript and letters sent by various associations) is a VERY interesting read:


http://gencourt.state.nh.us/SofS_Archives/1997/senate/HB386S.pdf
 
What is the definition of qualified?

Regardless of the word used, you still have to define it or the courts will do it for you (and not in your favor).

Without going to find the statute, doesn't it basically define who is qualified? Then instead of suitable you put in "whosoever is "so qualified"" or just change it to say. "a person qualified under this section" making it clear that extraneous qualifications are not allowed while tending to obfuscate your objective from people who aren't paying attention or have 8 second attention spans (the public).


Just some thoughts
 
Without going to find the statute, doesn't it basically define who is qualified? Then instead of suitable you put in "whosoever is "so qualified"" or just change it to say. "a person qualified under this section" making it clear that extraneous qualifications are not allowed while tending to obfuscate your objective from people who aren't paying attention or have 8 second attention spans (the public).


Just some thoughts

Nope. No definition of "qualified." In fact, the word qualified does not exist in RSA 159.

159:6 License to Carry. –
I. (a) The selectmen of a town, the mayor or chief of police of a city or a full-time police officer designated by them respectively, the county sheriff for a resident of an unincorporated place, or the county sheriff if designated by the selectmen of a town that has no police chief, upon application of any resident of such town, city, or unincorporated place, or the director of state police, or some person designated by such director, upon application of a nonresident, 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. Hunting, target shooting, or self-defense shall be considered a proper purpose. The license shall be valid for all allowable purposes regardless of the purpose for which it was originally issued.

http://www.gencourt.state.nh.us/rsa/html/xii/159/159-mrg.htm

The law on background checks is also hardly there.

http://www.gencourt.state.nh.us/rsa/html/xii/159-D/159-D-mrg.htm
 
For those of you talking about the term "suitable person", I encourage you to read the link in the post below. It can help you realize just what we are dealing with. A bill defining it is not so simple. Though that is from 1997, you can bet the same arguments will remain today, and I'd bet we are dealing with even stronger opposition now. I agree this needs to happen, just trying to give some more insight. It's not going to be so easy.

I'm not so sure the opposition would be the same. We are nearly 2 decades from the last attempt and a lot has changed. We have more gun owners than ever before. We have more P&R license holders than ever before. We probably even have more of both on a per capita basis than ever before. Further, guns are not "hidden" like they were in 1997 and gun owners as a whole are far more politically active than ever before (the internet is a huge reason for this as there now exists the ability to communicate and organize in real time).

I'm not saying it will be easy but I think you overstate how difficult it will be this time around.
 
I'm not so sure the opposition would be the same. We are nearly 2 decades from the last attempt and a lot has changed. We have more gun owners than ever before. We have more P&R license holders than ever before. We probably even have more of both on a per capita basis than ever before. Further, guns are not "hidden" like they were in 1997 and gun owners as a whole are far more politically active than ever before (the internet is a huge reason for this as there now exists the ability to communicate and organize in real time).

I'm not saying it will be easy but I think you overstate how difficult it will be this time around.

Agreed - things change.

Gun prohibitionists will suffer the same ultimate fate that alcohol prohibitionists and cannabis prohibitionists earned: crushing defeat. And it will take decades of hard work to do it, but it will get done one way or another.
 
Nope. No definition of "qualified." In fact, the word qualified does not exist in RSA 159.

http://www.gencourt.state.nh.us/rsa/html/xii/159/159-mrg.htm

The law on background checks is also hardly there.

http://www.gencourt.state.nh.us/rsa/html/xii/159-D/159-D-mrg.htm

This rep was left to me on the post above: "I meant the part of the statues that qualify a person for possessing a gun."

My answer: There is no statute that qualifies a person for possessing a gun in NH per se. The only thing that comes close is the following:

159:3 Convicted Felons. –
I. A person is guilty of a class B felony if he:
(a) Owns or has in his possession or under his control, a pistol, revolver, or other firearm, or slungshot, metallic knuckles, billies, stiletto, switchblade knife, sword cane, pistol cane, blackjack, dagger, dirk-knife, or other deadly weapon as defined in RSA 625:11, V; and
(b) Has been convicted in either a state or federal court in this or any other state, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States of:
(1) A felony against the person or property of another; or
(2) A felony under RSA 318-B; or
(3) A felony violation of the laws of any other state, the District of Columbia, the United States, the Commonwealth of Puerto Rico or any territory or possession of the United States relating to controlled drugs as defined in RSA 318-B.
I-a. A person is guilty of a class B felony if such person completes and signs an application for purchase of a firearm and the person is a convicted felon under the provisions of paragraph I.
II. The state shall confiscate to the use of the state the weapon or weapons of persons convicted under this section.
III. It is an affirmative defense to a charge under this section that a felony of which a defendant has been convicted in another jurisdiction would not have constituted a felony in the state of New Hampshire at the time such felony was committed.

The rest of such "qualification" is reliant upon federal law. The only other mention that I can find applies only to restraining orders:
http://www.gencourt.state.nh.us/rsa/html/xii/173-b/173-b-mrg.htm

Basically, NH statute does not explicitly define who can possess other than RSA 159:3 stating felons can't (which fed law already says).

Even RSA 159:D which deals with background checks doesn't define who can possess:

159-D:1 Sale of Firearms; Criminal History Record and Protective Order Check. – The department of safety may become the point of contact for the federal government for the purposes of the National Instant Criminal Background Check System (NICS).

Source. 1999, 336:1, eff. Nov. 3, 1999.
Section 159-D:2
159-D:2 Confidentiality. –
I. If the department of safety conducts criminal background checks under RSA 159-D:1, any records containing information pertaining to a potential buyer or transferee who is not found to be prohibited from receipt or transfer of a firearm by reason of state or federal law, which are created by the department of safety to conduct the criminal background check, shall be confidential and may not be disclosed by the department or any officers or employees to any person or to another agency. The department shall destroy any such records after it communicates the corresponding approval number to the licensee and, in any event, such records shall be destroyed within one day after the day of the receipt of the licensee's request.
II. The department shall retain records containing any information pertaining to a potential buyer or transferee who is prohibited from receipt or transfer of a firearm for 3 years.
III. Notwithstanding the provisions of this section, the department may maintain only a log of dates of requests for criminal background checks and unique approval numbers corresponding to such dates for an indefinite period.
IV. Nothing in this section shall be construed to allow the department to maintain records containing the names of licensees who receive unique approval numbers or to maintain records of firearm transactions, including the names or other identification of licensees and potential buyers or transferees, including persons not otherwise prohibited by law from the receipt or possession of firearms.

Source. 1999, 336:1, eff. Nov. 3, 1999.
Section 159-D:3
159-D:3 Penalties for Attempts to Purchase Firearms Illegally. – A person who completes and signs an application for purchase of a firearm and who knows that such purchase is illegal because he or she is subject to a protective order shall be guilty of a class A misdemeanor for a first offense and a class B felony for a second or subsequent offense.

Source. 2000, 152:1, eff. Jan. 1, 2001.
 
Why is it that folks think that the law should be written to allow something? The legal system in this country is of the design that it designates what is prohibited. So unless there is a law or regulation that prohibits an activity then it is allowed.

A list of reasons a person is disqualified is a section that would qualify a person.

To qualify does not mean solely to assertively set forth requirements, it also means to meet the required standard, i.e. no felonies, etc. No felonies? Meet Federal criteria? Then you're qualified.

Don't get so hung up and insulted every time someone says "clip" or "permit" in casual speech.

I thought I had read a section in NH law about disqualifiers, I see (thanks, solo) it was likely in the section about confidentiality (which makes no sense to me, but whatever)
 
...

Don't get so hung up and insulted every time someone says "clip" or "permit" in casual speech.

...

Casual speech? Are you of the naive and misguided belief that CoP's use permit instead of license CASUALLY?

Their use of the word permit is intentional and designed to educate the NH citizens that they need permission from the government.

Eff National reciprocity and non-resident permits - we need Constitutional carry quickly before the courts and CoP's get to decide what suitability means.
 
Excuse me!! I don't. I do get tired of people like you making accusations that have no basis or evidence, just so that you can demean others. I do hold Government Officials especially Licensing Authorities to a standard of law, and what the law says.
Huh? Still butthurt over a convo from a couple of weeks ago where your JBT tendencies rose to the top? Sorry. Get over it and move on.

Casual speech? Are you of the naive and misguided belief that CoP's use permit instead of license CASUALLY?

Their use of the word permit is intentional and designed to educate the NH citizens that they need permission from the government.

Eff National reciprocity and non-resident permits - we need Constitutional carry quickly before the courts and CoP's get to decide what suitability means.

Don't get hung up on this stuff. A chief's language is not the law.

Do you also argue that since driving is a privilege that it should be a driver's permit instead of a license, or do you argue that driving is a right that has been curtailed and the vestigial evidence of such is that it's called a license?

Do you want to spend 20 minutes trying to convince someone on the fence that the distinction (which is 0 in their mind) matters? Or do you want to spend those 20 minutes explaining why we enjoy the right to defend ourselves?
 
Don't get hung up on this stuff. A chief's language is not the law.

Do you also argue that since driving is a privilege that it should be a driver's permit instead of a license, or do you argue that driving is a right that has been curtailed and the vestigial evidence of such is that it's called a license?

Do you want to spend 20 minutes trying to convince someone on the fence that the distinction (which is 0 in their mind) matters? Or do you want to spend those 20 minutes explaining why we enjoy the right to defend ourselves?

Words have meaning, and their use establishes society norms that change the way people behave. Your attempt to argue language is irrelevant by saying "hung up" is unsupported by the evidence - yes, words do matter.

Yes, I will argue the distinction between permit and license. Yes, I will spend the 20 minutes or more to educate an open minded person that asks why does it matter.

If you like your freedom, you should use every chance to advance the right cause, and educating people on law and freedom is a big part of that.
 
A list of reasons a person is disqualified is a section that would qualify a person.

To qualify does not mean solely to assertively set forth requirements, it also means to meet the required standard, i.e. no felonies, etc. No felonies? Meet Federal criteria? Then you're qualified.

My guess is that suitability could be something that currently exists on ATF 4473: Are you in the United States illegally? Are you a fugitive from justice? Were you dishonorably discharged? Etc. Maybe throw in an age requirement (e.g. age of majority) and that should be fine to define suitability. Basically, if you can purchase a firearm from an FFL you should be able to conceal it without begging your CLEO permission to do so.

Don't get so hung up and insulted every time someone says "clip" or "permit" in casual speech.

I thought I had read a section in NH law about disqualifiers, I see (thanks, solo) it was likely in the section about confidentiality (which makes no sense to me, but whatever)

Like others have said: Words have meaning. I call my computer a computer, my TV a TV, my car a car, my Pistol/Revolver license a license, etc. OK, sometimes I call my "Operator's License" a Driver's License.

If we don't use the right language it creates confusion. Confusion causes anxiety. Anxiety drives people to act in a way they wouldn't otherwise. That threatens our liberty and freedom.

So it's not a permit. It's a New Hampshire resident Pistol/Revolver license to carry a pistol or revolver concealed under a garment.

It's not a clip. It's a standard-capacity rifle magazine.
 
Huh? Still butthurt over a convo from a couple of weeks ago where your JBT tendencies rose to the top? Sorry. Get over it and move on.



Don't get hung up on this stuff. A chief's language is not the law.

Do you also argue that since driving is a privilege that it should be a driver's permit instead of a license, or do you argue that driving is a right that has been curtailed and the vestigial evidence of such is that it's called a license?

Do you want to spend 20 minutes trying to convince someone on the fence that the distinction (which is 0 in their mind) matters? Or do you want to spend those 20 minutes explaining why we enjoy the right to defend ourselves?

As was said by the two posts above me: Words. Have. Meaning.

[video=youtube_share;pqnA7wahFA4]http://youtu.be/pqnA7wahFA4[/video]
 
Several towns websites refer to them incorrectly as permits, my town being one. I understand the issue of the licence vs. permit debate. But here is the black law definition of license.

License: A permission, accorded by a competent authority, conferring the right to do some act which without such authorization would be illegal, or would be a trespass or a tort.

http://thelawdictionary.org/letter/l/page/40/

So yes, words do have meanings. The meaning of the word license still relies on permission. Both permit and license are often used interchangeably.

Here is how it is defined on another site.

"The permission granted by competent authority to exercise a certain privilege that, without such authorization, would constitute an illegal act, a Trespass or a tort.

A license is different from a permit. The terms license and permit are often used interchangeably, but generally, a permit describes a more temporary form of permission."


A license is different from a permit. The terms license and permit are often used interchangeably, but generally, a permit describes a more temporary form of permission.

No matter how you cut it, it is still a violation of your rights guaranteed by the US and NH Constitution. No matter how you cut it, you still need permission. So whether it is called a permit or a license is largely a semantical argument. The legal term, in NH, is indeed a license.

The point being, if someone incorrectly calls it a permit, it does not change the fact that without one, you cannot legally carry a loaded handgun either concealed upon your person or in a vehicle.

By contrast, here are two words that are often used interchangeably where the argument between the two is not simply semantics. Lawful vs. legal.
 
Several towns websites refer to them incorrectly as permits, my town being one. I understand the issue of the licence vs. permit debate. But here is the black law definition of license.

License: A permission, accorded by a competent authority, conferring the right to do some act which without such authorization would be illegal, or would be a trespass or a tort.

http://thelawdictionary.org/letter/l/page/40/

So yes, words do have meanings. The meaning of the word license still relies on permission. Both permit and license are often used interchangeably.

Here is how it is defined on another site.

"The permission granted by competent authority to exercise a certain privilege that, without such authorization, would constitute an illegal act, a Trespass or a tort.

A license is different from a permit. The terms license and permit are often used interchangeably, but generally, a permit describes a more temporary form of permission."


A license is different from a permit. The terms license and permit are often used interchangeably, but generally, a permit describes a more temporary form of permission.

No matter how you cut it, it is still a violation of your rights guaranteed by the US and NH Constitution. No matter how you cut it, you still need permission. So whether it is called a permit or a license is largely a semantical argument. The legal term, in NH, is indeed a license.

The point being, if someone incorrectly calls it a permit, it does not change the fact that without one, you cannot legally carry a loaded handgun either concealed upon your person or in a vehicle.

By contrast, here are two words that are often used interchangeably where the argument between the two is not simply semantics. Lawful vs. legal.

We were doing so well before you had to come up in here and interject Blacks Law on us...[laugh]
 
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