Portsmouth CCW

[Foxcity]

Hi everyone.

I submitted my application for NH resident CCW on 12/19. All three of my references received letters stating that they need to reply within 5 days (envelope included with questionnaire). Since it was Christmas week, one of them was on vacation and didn't get theirs in until they got back. On the 30th I received a letter (dated the 29th) stating that not all of my references had responded yet and that my application was on hold - pending response from last reference. The letter also asked me to waive the 14 day approval/deny requirement. On the 1st, I went to the station to mention that the last reference had overnighted their letter and it shouldve been received on the 30th (I confirmed it had been). Today I received a call from the station saying that in fact all 3 references letters had been received and asked me to waive the 14 day response requirement because the chief was out on Holiday. That said, they informed me that next week I would receive a letter stating whether I am approved or denied.

Today is my 14th day - so I figured I'd post this to notify people that live in Portsmouth of the process here and how it doesn't follow state law. I'm interested in the outcome of the process.

 

[one-eyed Jack]

I would hand deliver a letter stating that you won't waive the 14 day requirement since you are out on holiday. Jack.

 

[Len-2A Training]

I would hand deliver a letter stating that you won't waive the 14 day requirement since you are out on holiday. Jack.

I agree. Hold their feet to the fire!

 

[Foxcity]

I was trying to be agreeable over the phone - in hopes that I can maintain a positive relationship with the PD. Am I making a mistake or jeopardizing my approval based on the fact that they wanted me to waive the 14 day requirement?

 

[Len-2A Training]

I was trying to be agreeable over the phone - in hopes that I can maintain a positive relationship with the PD. Am I making a mistake or jeopardizing my approval based on the fact that they wanted me to waive the 14 day requirement?

They want to avoid paying out on a lawsuit (lawyer fees)!

Why do folks feel a need to "maintain a positive relationship"? You're a small cog in a huge wheel in a city the size of Portsmouth. They won't even remember you in 6 months regardless if you bend over without Vaseline or if you hold them to the law.

You aren't jeopardizing anything as I read NH law on Resident LTCs.

 

[Rob Boudrie]

I was trying to be agreeable over the phone - in hopes that I can maintain a positive relationship with the PD. Am I making a mistake or jeopardizing my approval based on the fact that they wanted me to waive the 14 day requirement?

If you do choose to waive it, your letter doing so should establish a length of time for the extension. 7 days would be plenty to accommodate someone returning from vacation.

 

[one-eyed Jack]

I was trying to be agreeable over the phone - in hopes that I can maintain a positive relationship with the PD. Am I making a mistake or jeopardizing my approval based on the fact that they wanted me to waive the 14 day requirement?

You already do not have a positive relationship with them nor do you need one. This is not Mass, so just tell them to get on the stick as they are already in violation. Jack.

 

[DispositionMatrix]

Ridiculous. I'd take that letter asking for the waiver to a lawyer.

 

[ScottS]

Hi everyone.

I submitted my application for NH resident CCW on 12/19. All three of my references received letters stating that they need to reply within 5 days (envelope included with questionnaire). Since it was Christmas week, one of them was on vacation and didn't get theirs in until they got back. On the 30th I received a letter (dated the 29th) stating that not all of my references had responded yet and that my application was on hold - pending response from last reference. The letter also asked me to waive the 14 day approval/deny requirement. On the 1st, I went to the station to mention that the last reference had overnighted their letter and it shouldve been received on the 30th (I confirmed it had been). Today I received a call from the station saying that in fact all 3 references letters had been received and asked me to waive the 14 day response requirement because the chief was out on Holiday. That said, they informed me that next week I would receive a letter stating whether I am approved or denied.

Today is my 14th day - so I figured I'd post this to notify people that live in Portsmouth of the process here and how it doesn't follow state law. I'm interested in the outcome of the process.

I would have told me references to trash their "letters." There is no requirement for them to be filled out, and there is no statutory relief for the Portsmouth PD to delay approval based on getting the references back. Nor is there statutory relief based on Holidays or the CLEO being on vacation. Based on turn-in on the 19th, the approval/denial is due today (1/2/15). You should call them back today and ask if it's ready for pickup.

Please keep us filled in on how this plays out.

 

[snd1t]

Remind them they have 14 days by law and you expect them to stick to it or you will get a lawyer

Funny how they will almost universally find a way of sticking to 14 days

 

[Foxcity]

You already do not have a positive relationship with them nor do you need one. This is not Mass, so just tell them to get on the stick as they are already in violation. Jack.

I think they are well aware that they are already in violation. I'd rather not get into a big legal battle over it, although I have no problem making this information public, as I think it's important. I was curious as to whether by agreeing to waive the 14 day process could give them grounds to, in any way, deny my application.

 

[jibbr71]

I think they are well aware that they are already in violation. I'd rather not get into a big legal battle over it, although I have no problem making this information public, as I think it's important. I was curious as to whether by agreeing to waive the 14 day process whether that could give them grounds to, in any way, deny my application.

I can't imagine it would jeopardize an approval. It would be nice were there not such an adversarial relationship, so that you could say "hey, no problem, I understand the chief's on vacation, I can wait a few extra days"...on the other hand, It would be nice if we didn't need the stupid license and if Unicorns were real and they shit $100 bills.

 

[one-eyed Jack]

I think they are well aware that they are already in violation. I'd rather not get into a big legal battle over it, although I have no problem making this information public, as I think it's important. I was curious as to whether by agreeing to waive the 14 day process whether that could give them grounds to, in any way, deny my application.

Waive nothing. They are in violation of their laws, not you. Ask them to waive the fee since they are late. Jack.

 

[snd1t]

Not sure why anyone would waive the 14 day requirement.......it would be like giving police permission to search your car/home without a warrant

 

[drgrant]

I would be pretty pissed right now. Waive the requirement after you went through all that trouble to get people to comply with a bunch of edicts that were not legally reuqired?

This is just more reason why NH needs to dump the requirement to have a license by default for CC/vehicle carry.

-Mike

 

[Foxcity]

Remind them they have 14 days by law and you expect them to stick to it or you will get a lawyer

Funny how they will almost universally find a way of sticking to 14 days

So I went down to the station (after reading a few of these posts) and discussed the situation with the Captain on duty. At first he mentioned to wait until Monday for the Chief, but I insisted that I require a deny/approve within the 14 day period. I stated that it's the State of NH that drafts the laws and that the PD should abide by the letter of the law. After some back and forth about it and no answers given, I left. About 15 minutes later, I received a phone call from the Captain stating that my application had been approved and I could come by and pick it up whenever convenient.

 

[Len-2A Training]

Win!

 

[warwickben]

I would of agreed to wAit of they agreed to give the money back . But in a cheap bastard .
But cool you got it non the less

 

[snd1t]

So I went down to the station (after reading a few of these posts) and discussed the situation with the Captain on duty. At first he mentioned to wait until Monday for the Chief, but I insisted that I require a deny/approve within the 14 day period. I stated that it's the State of NH that drafts the laws and that the PD should abide by the letter of the law. After some back and forth about it and no answers given, I left. About 15 minutes later, I received a phone call from the Captain stating that my application had been approved and I could come by and pick it up whenever convenient.

Happy ending

 

[Mr Weebles]

I'm glad this worked out for you.

When your renewal comes up in 4 years, send the renewal application to the PD via certified mail, return receipt requested. Don't include any additional information other than what's required on the application, e.g. phone numbers for your references.

You'll know exactly when the 14 day timer starts and they'll know you're not going to put up with any bullshit.

 

[noxin]

So I went down to the station (after reading a few of these posts) and discussed the situation with the Captain on duty. At first he mentioned to wait until Monday for the Chief, but I insisted that I require a deny/approve within the 14 day period. I stated that it's the State of NH that drafts the laws and that the PD should abide by the letter of the law. After some back and forth about it and no answers given, I left. About 15 minutes later, I received a phone call from the Captain stating that my application had been approved and I could come by and pick it up whenever convenient.

I would have added some additional shit for the unnecessary letters of reference as well

Great to see you holding them to the requirements!

 

[Foxcity]

I handled it in a professional and respectful way. I did mention that the police are there to enforce laws, therefore they should follow the letter of the law and complete the process within 14 days. I certainly understand that a a lot of departments are understaffed over the holidays, but we've got to make sure these types of matters are handled within the requirement of the law.

I did also mention that the process here involving letters to references was not a requirement. That said, I had my references expedite their responses anyway.

 

[DispositionMatrix]

My guess is you were not the only one to receive this bizarre treatment. The seacoast will probably lead the way in NH becoming an unmanageable patchwork once state preemption goes away.

 

[fshalor]

Can you legally waive the 14 day? Its the law. All I would imagine you can waive is your right to sue them for violating the law.

 

[Mr.E]

therefore they should follow the letter of the law and complete the process within 14 days. I certainly understand that a a lot of departments are understaffed over the holidays.
.

It's funny how they can use excuses to suit their needs and what "rules" they want to follow, try that next time you get pulled over and explain why you were speeding..

 

[snd1t]

My guess is you were not the only one to receive this bizarre treatment. The seacoast will probably lead the way in NH becoming an unmanageable patchwork once state preemption goes away.

I dont think there are any plans by the anti's or anyone else to eliminate state pre-emption

Everyone in NE realizes what a fustercluck Mass is wrt that point and I dont think an effort to do so would make it TO committee let alone OUT of it

 

[DispositionMatrix]

I dont think there are any plans by the anti's or anyone else to eliminate state pre-emption

I'll agree that it is not on the legislative agenda right now. State preemption will be _effectively_ ended long before the law is changed. It will take years, perhaps a couple of decades.

Everyone in NE realizes what a fustercluck Mass is wrt that point...

The problem is the "everyone" to whom you refer is actually only a small fraction of gun owners who are even aware of it or have any concern whatsoever with regard to gun laws.

 

[DispositionMatrix]

Win!

I would call it a Pyrrhic victory at best. The OP still acquiesced to some unlawful police demands. Portsmouth PD, as we are seeing more and more in NH towns, is jerking applicants around and not following the law knowing most of the time they're going to get away with it. CLEOs are doing whatever they can get away with in not complying with the law--probably in efforts to establish new norms behind which to hide years down the road when challenged in court or providing support for more restrictive legislation.

My CLEO set my P&R to expire four years from the issue date instead of my month of birth. There was no reason to do that other than to exert control beyond what is allowed by law.

 

[snd1t]

The problem is the "everyone" to whom you refer is actually only a small fraction of gun owners who are even aware of it or have any concern whatsoever with regard to gun laws.

I was actually referring to most legislators

Besides.....the anti's want control.....and the only way to do that it to FORCE it from the state or fed level down

They fail if they eliminate pre-emption on MOST issues

 

[Bonesinium]

You can't waive the 14 day requirement unless you rescind your application, and I'm not even sure if you can do that. They either comply with the law or don't. Even if you don't care, it was either followed or not. Of course because there is no statutory fine or punishment or whatever for violating it, it doesn't matter unless you pursue action. So I guess if you look at it that way, it is kind of like waiving the requirement...

It's kind of crappy this is even an issue. It's not complicated. Receive application, approve application within 2 weeks. Or deny it. Literally that simple.