Superior Court Orders Newton Police Chief to Issue Gun License and Pay Attorney Fees and Costs (NH)

[shadowrider]

[Posted Friday, April 6, 2012, at 12:30 p.m.] In a court case that should give notice to every police chief in New Hampshire to obey the law on issuing concealed carry licenses, Rockingham County Superior Court Judge Kenneth R. McHugh ordered Newton Police Chief Lawrence Streeter to issue Robert J. Ferrara’s concealed carry license (License to Carry) and awarded attorney fees and costs. Under New Hampshire law (RSA 159:6-f), an issuing authority -- typically the police chief -- may be personally liable to pay reasonable attorney fees and costs for violating the state law on issuing licenses (RSA 159:6). In this case, the Town of Newton was also sued and could be held responsible to pay as well.

The lawsuit was brought on behalf of Mr. Ferrara by the law firm of E.F. Nappen Attorney at Law P.C., Concord. Mr. Ferrara applied for a license and never received a written denial as required by law. Under New Hampshire law (RSA 159:6), a chief of police or other issuing authority has 14 days to approve or deny such an application in writing. A written denial must be delivered to the applicant.

Despite numerous attempts, both in person and by phone, to reach the Chief of Police regarding his application, Mr. Ferrara never received any reply. Mr. Ferrara waited 73 days to either have his license granted or receive a written denial before bringing this legal action.

http://www.pgnh.org/superior_court_orders_newton_police_chief_to_issue_gun_license_and_pay_attorney_fees_and_costs

[AH1Apache]

1. Is this the backlash we were told to expect?

If so, then I love it.
I can picture certain heads here doing this right now

[bluestateguy]

2. "May issue" policies are just asking for corruption

Just imagine a racist sheriff who always finds a reason to not issue a license to anyone who is black or Hispanic.

[ileus]

4. or a sheriff that assumes every applicant is a zimmerman type.

[saras]

3. I guess they have to reply to EVERYTHING, no matter how crazy. That could make their job interesting

but not as interesting as it will get when this guy loses it.

http://www.eagletribune.com/newhampshire/x2108292972/Judge-grants-gun-permit-after-police-chief-says-no

Apparently an criminal history doesn't disqualify you for concealed carry in this state as as long as some official screws up in the process. Assault, DWI, driving with suspended license after a DWI - not someone I'd trust waving a gun around.

My guess is that the application, being obviously bogus, was simply shitcanned, because they didn't want to waste the money on a hearing. Too bad the law was written badly.

[ileus]

5. so they also assumed the Court hearing was bogus?

real application....real hearing.

[oneshooter]

6. According to the law, yes he has to reply to the request, either to deny or grant the license.

Failure to do so is a violation of the law. The law he has sworn to uphold.
If you don't like the law as written then work to change it. Simply calling it "badly written" does no good at all, unless it just makes you feel better.

Oneshooter
Armed and Livin in Texas

[shadowrider]

7. Dude

Asking an anti to actually do something besides type on a keyboard?

-- Snort --

Good one.

[Glaug-Eldare]

8. We're enjoying a similar fight here...

After the victory in Woollard v. Maryland, a lot of us submitted handgun permit applications to break the AG's "97% approval" rate that he had been waving around before the judges. Now, the State Police are "returning" applications and refusing to process them. They're returning the fees and sending a nice letter that tries to paint them as benevolent public servants just trying to help you out, but the law REQUIRES them to

A) begin an investigation into the application ON RECEIPT of the application
B) at the conclusion of that investigation, EITHER approve or deny the application.

They've created an illegal third route for themselves that protects their 97% statistic while still denying the permits. We are going to wipe the floor with these sons of bitches.

[PavePusher]

9. Hit them hard! Low/high/low tactics seem applicable... 8>) n/t

[Glaug-Eldare]

10. We've got plans...

A lot of us are resubmitting our applications, attaching the relevant portion of the Maryland Code, and demanding that they process them. A lot of us are demanding our legal right to appeal the non-denial denials in front of a review board. MSI is aware, SAF is aware, Gura is aware...MD just screwed the pooch. If they'd just kept holding onto the apps without processing them, they'd be compliant with the stayed injunctive order without thumbing their noses at it. This is going to have bad consequences for Gansler, and probably very good consequences for the 4th Circuit. The higher this goes, the better.

[PavePusher]

12. Good luck, and I hope that change comes sooner rather than later....

but with the SAF and Gura on your side, it will come, and it WILL be in your favor. Those guys plan their stuff pretty meticulously.

Hopefully, some public officals will get severely treated over this.

[PavePusher]

11. ""He really didn't have the right to apply again," Streeter said."

WTF?! I guess the last phrase of the First Amendment means nothing to a transportee from Massachusetts.

http://www.newtonnhpd.com/chief.htm

Perhaps he missed the part about his actually being hired in New Hampshire, a "shall issue" state.

http://www.handgunlaw.us/states/newhampshire.pdf (see page 4)

(Yes, Newton is on the border between the two states. It's often remarked in NH that the lower 4th or 3rd of the state has become essentially "Mass-light" or "North-Mass".)

Note that Mr. Ferrara has an arrest record, not a disqualifying felony conviction record.

If he, or you, don't like what the laws clearly state are the requirements and restrictions for obtaining a carry permit, feel free to get the laws changed. While I might agree with you that Mr. Ferrara does not seem to be the most sterling of citizens, I feel even more strongly about the capriciousness of many in law enforcement. They do NOT get to make up the law as they wish. Equal protection of law for all.