Portsmouth CCW

[Realtor MA]

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.

That's a great question. I'm guessing you can't but they probably want you to sign a waiver indicating that you won't take legal action against them. I wouldn't have a lot of faith in that letter either. It probably doesn't mean shit.
OP did a great job handling the situation.

 

[Foxcity]

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.

I acquiesced originally because I wasn't aware that the reference contact letters were not required by law. That was my fault. That said - someone took them to court last year over this after none of his references responded. i have no idea what the final outcome was, due to the fact that the case had a bizarre wiretapping twist.

http://www.northeastshooters.com/vb...n-license-denial!-We-need-to-follow-this-case

After living in Chicago for 8 years and originally being from Maine, I find this kind of stuff to be tiring. One of the biggest reasons I moved my family back to New England and NH in particular was to relieve ourselves of the Orwellian laws (not just firearm, but many city ordinances and state laws).

Mind you, in my stint in Chicago, my car was stolen, house robbed and on one occasion a knife pulled on me.

 

[pdm]

Mind you, in my stint in Chicago, my car was stolen, house robbed and on one occasion a knife pulled on me.

And that was just by the local Aldermen!

 

[drgrant]

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.

You sure he wasn't trying to do you a favor by giving you a license that lasted the full 4 years? There's a lot of things to bitch about but I don't see the malice there.

-Mike

 

[Howland]

You sure he wasn't trying to do you a favor by giving you a license that lasted the full 4 years? There's a lot of things to bitch about but I don't see the malice there.

-Mike

NH RSA 159:6 I(a) ..."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..."

NH RSA 159:6 I(b) ..."When required, license renewal shall take place within the month of the fourth anniversary of the license holder's date of birth following the date of issuance."

My experience in the same town with the same CLEO is that he is a serial violator. He doesn't do "favors." He doesn't even do NH law. He maxed his MA pension, moved less than 100 yards into NH and apparently so prefers the laws of his beloved People's Republic that he simply cannot bring himself to obey the laws of NH. He also has a history in Rockingham Co. Superior Court, having been ordered to pay a plaintiff over $7,000 in legal fees for denying an application 73 days after submission!

When I moved into town, he;
- sent a letter directing me to reapply for a license that had three years remaining before expiration,
- sent a second letter with the same directive a couple weeks later (I had circular-filed the first).
When my wife applied for her license, he;
- took 23 days to issue my wife's license, then
- demanded a photocopy of her driver's license as a condition of issuance,
- put an expiration date exactly four years after issuance and not within her month of birth.

When the last two violations of the statute were pointed out to his second-in-command, he jabbed his finger on the very statutes he is bound by both oath and statute to uphold and said, "Yeah but that's the state! That's not how we do it here!"

 

[DispositionMatrix]

You sure he wasn't trying to do you a favor by giving you a license that lasted the full 4 years? There's a lot of things to bitch about but I don't see the malice there.

-Mike

No because it would have lasted more than four years if done properly.

 

[drgrant]

No because it would have lasted more than four years if done properly.

I see that now given what Howland just posted, I forgot about the first part of that section of law which dictated that the term must be that long. So basically this chief in question, is just kind of a clueless/reckless douchebag?

-Mike

 

[Howland]

So basically this chief in question, is just kind of a clueless/reckless douchebag?

-Mike

You, sir, are much too charitable!

 

[soloman02]

I see that now given what Howland just posted, I forgot about the first part of that section of law which dictated that the term must be that long. So basically this chief in question, is just kind of a clueless/reckless douchebag?

-Mike

The Barrington, NH chief was either clueless or got the month mixed up. I applied for renewal beginning of March 2012 (it expired middle of April 2012). He made the license expire exactly one month before my birthday. Hell it could very well be a typo as the only thing different is the month (3 vs 4). I never noticed it until 2014. So while the license is not for less than 4 years, he technically broke the statute because it expires the month before my birth month.

 

[DispositionMatrix]

NH RSA 159:6 I(a) ..."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..."

NH RSA 159:6 I(b) ..."When required, license renewal shall take place within the month of the fourth anniversary of the license holder's date of birth following the date of issuance."

My experience in the same town with the same CLEO is that he is a serial violator. He doesn't do "favors." He doesn't even do NH law. He maxed his MA pension, moved less than 100 yards into NH and apparently so prefers the laws of his beloved People's Republic that he simply cannot bring himself to obey the laws of NH. He also has a history in Rockingham Co. Superior Court, having been ordered to pay a plaintiff over $7,000 in legal fees for denying an application 73 days after submission!

When I moved into town, he;
- sent a letter directing me to reapply for a license that had three years remaining before expiration,
- sent a second letter with the same directive a couple weeks later (I had circular-filed the first).
When my wife applied for her license, he;
- took 23 days to issue my wife's license, then
- demanded a photocopy of her driver's license as a condition of issuance,
- put an expiration date exactly four years after issuance and not within her month of birth.

When the last two violations of the statute were pointed out to his second-in-command, he jabbed his finger on the very statutes he is bound by both oath and statute to uphold and said, "Yeah but that's the state! That's not how we do it here!"

Did you end up getting the last one, the wrong expiration month, fixed?

 

[Bonesinium]

Now that I think of it, the expiration date on mine is wrong as well. Also with an expiration date of exactly 4 years from date of issuance, not within birth month. I think it was done solely due to ignorance. My town currently has no police chief, and it was issued 2 days after I applied. It isn't like they were dicking me around. No excuses for not following the law however.

 

[Howland]

Did you end up getting the last one, the wrong expiration month, fixed?

No, and she deliberately delayed the application until the month after her birthday so that the license - had it been issued in accordance with the statutes of the State of New Hampshire - would have been valid for four years and eleven months.

I'm just waiting for an applicant to persuade their chief that the option is there to issue a lifetime license. "Renewal, when required..." It would likely dork up reciprocity with some other states depending on the wording of the reciprocity language in their own statutes.

 

[DispositionMatrix]

I'm _considering_ including a letter with my renewal application, which will be sent registered return receipt, identifying the problem and the statute; however, I don't want to prompt any out-of-band communication giving them the opportunity to call and make demands, such as references' phone numbers.

 

[Howland]

I'm _considering_ including a letter with my renewal application, which will be sent registered return receipt, identifying the problem and the statute; however, I don't want to prompt any out-of-band communication giving them the opportunity to call and make demands, such as references' phone numbers.

If the phone numbers for references is not on the form (it isn't), you cannot be required to provide it as a condition of issuance. My last renewal was issued within 14 days. I sent it certified mail, return receipt requested. I think there is a connection there, I just can't put my finger on it.

As for sending a letter outlining the statute, I don't think they care considering that their prior conduct and statements exhibit serial violations and utter contempt for the laws of NH. If they do call and ask for additional, non-required information, your response should be, "Nappen or Dean. Which do you prefer I call?"

 

[DispositionMatrix]

Maybe Nappen or Dean should be called anyway.