NH Alert: SB116. Still on the Gov's desk. ***Vetoed***

The best way to attack this publicly is for the people currently beyond the deadline to contact the media and pursue legal action. At least getting a letter drafted to the CoP by a lawyer threatening action. I'd prefer full on litigation, but we need to be realistic on the cost of that and the willingness of the people affected to drag it out into the courts. I don't think it's an issue of winning the case, more the willingness of the applicants to see it through.

This is the problem. In NH you have to pay the attorneys upfront for a licensing case. This person does not have the money to do that.
 
Two things:
1. When writing a letter to a public servant/official and that could possibly end up as an exhibit in court, a grammar check is in order. "Your welcome" refers to a welcome that belongs to you or in this case the chief. Does the chief actually own a welcome? I doubt it.

2. My guess is it would take the chief 5 minutes to identify your unknown friend. Is _he_ willing to sue if he is deemed unsuitable because of your letters.
 
The best way to attack this publicly is for the people currently beyond the deadline to contact the media and pursue legal action. At least getting a letter drafted to the CoP by a lawyer threatening action. I'd prefer full on litigation, but we need to be realistic on the cost of that and the willingness of the people affected to drag it out into the courts. I don't think it's an issue of winning the case, more the willingness of the applicants to see it through.
I doubt they would get much support from a media in the tank for the disarmament of all non-police civilians. The angle would be that the chief is doing what it takes to keep kids safe from rabid gun fetishists.
 
Two things:
1. When writing a letter to a public servant/official and that could possibly end up as an exhibit in court, a grammar check is in order. "Your welcome" refers to a welcome that belongs to you or in this case the chief. Does the chief actually own a welcome? I doubt it.

2. My guess is it would take the chief 5 minutes to identify your unknown friend. Is _he_ willing to sue if he is deemed unsuitable because of your letters.

I can't catch everything. That there was only one mistake was actually pretty good for something typed as quick as it was. I did read it over but I still missed that one. Sue me [laugh].

That is an extreme stretch to deem the applicant unsuitable due to my letters.
 
It looks like the applicant might have called the wrong number by calling dispatch (the number on the Somersworth PD's sign) but still, Dispatch could have not been dicks and transferred them to the clerk or to the clerk's voicemail.

Why is their number not the number that they give publicly? http://www.somersworth.com/departments-services/police/

The non-emergency phone number is 692-3131.

Furthermore, where in the RSA does it say that the person needs to contact the police? If I "lose" a ticket that I'm given, does that allow me not to pay it?

Asshats.

- - - Updated - - -

Ohhh, also in for $20.
 
The applicant emailed the chief last night. He probably should have done so first but oh well. Then we wouldn't have had some fun at the chiefs expense. Anyway, the chief claims it is his clerk who has been holding the license application up because she was waiting for the references to get back to the department.

And if you guys think my one grammatical mistake is bad wait until you read the chief's response to the applicants email asking what was up with the license.

hello Mr Boucher I just read your email and called Cheryl about your permit. apparently she said she had been waiting for the reference letters to be returned that we sent out as far as you being denied the permit there was no issues on that Part.the dispatcher should have passed you upstairs to speak to Sheryl instead of just summarizing.please call her tomorrow morning at 692 9126 extension 713 if she doesn't pick up leave a message and she will call you right back as I said I think there was a miscommunication but that does not appear to be any issues with you getting your pistol permit.I am also going to make sure that when anybody calls about a pistol permit in the future they will be patched up stairs. we do our best to serve the public but sometimes things like this are brought to our attention that need to be tightened up. thank you and have a good evening ,chief crombie
 
The applicant emailed the chief last night. He probably should have done so first but oh well. Then we wouldn't have had some fun at the chiefs expense. Anyway, the chief claims it is his clerk who has been holding the license application up because she was waiting for the references to get back to the department.

And if you guys think my one grammatical mistake is bad wait until you read the chief's response to the applicants email asking what was up with the license.

Fair enough

Whats the chief going to do in order to ensure that this admin person never breaks the law again?

He's the one on the hook....
 
i'm in when i'm able to contribute.

you and soloman have been ****in' killing it. i'm going to send one as well to see if they respond to me or blow me off as well.

Wait until we hear if they get called back. I don't want to waste a letter before we possibly get more info.
 
Wait until we hear if they get called back. I don't want to waste a letter before we possibly get more info.

No matter WHAT happens there needs to be a formal accounting of the incident with the appropriate NH Senate/House committee's, the DoS and a pile of others that may be relevent

This and similar incidents need to be a matter of public record that we can refer back to in every hearing from today until the end of time in the NH legislature on this issue

There is a pattern of abuse....it needs to be documented
 
Since we seem to have some time now before this is heard again.. Thoughts on this actually making it through?

nhpoke
55 Fifty fifth street
Fiftyville, NH 55555

March 11, 2015

Sargent Sean R. Haggerty
Department of Safety
NH State Police
Permits and Licensing Unit
33 Hazen Drive
Concord NH 03305

Dear Sargent Haggerty:

Under the New Hampshire Right to Know Law R.S.A. Ch. 01-A et seq., I am requesting an opportunity to inspect or obtain copies of public records that provide information related to Out of State Pistol and Revolver Licenses issued by the state of New Hampshire. It is my intent to completely comply with RSA 159:6-a Confidentiality of Licenses which states “Notwithstanding the provisions of RSA 91-A:4 or any other provision of law to the contrary, all papers and records, including applications, pertaining to the issuance of licenses pursuant to RSA 159:6 and all licenses issued pursuant to said section are subject to inspection only by law enforcement officials of the state or any political subdivision thereof or of the federal government while in the performance of official duties or upon written consent, for good cause shown, of the superior court in the county where said license was issued.” I am requesting no information from the applications or the licenses. I fully expect the following information to be redacted from any records that are provided under this FOIA request:
· Previous or newly issued license number
· License expiration date
· Applicant Name
· Date of application
· Applicant mailing address
· Applicant resident state license number
· Applicant driver’s license number
· Applicant social security number
· Applicant phone number
· Applicant date of birth
· Applicant Place of birth
· Information as to whether this is a renewal or original application
· Applicant citizenship status
· Applicant height
· Applicant weight
· Applicant sex
· Applicant eye color
· Applicant hair color
· Applicant race
· Applicant non-resident identification number
· Applicant country of citizenship
· Applicant occupation
· Applicant employer
· Applicant employer address
· Applicant previous employer
· Applicant previous employer address
· Any information related to whether or not the Applicant has previously had a license denied
· Any information related to whether or not the Applicant has ever been accused or convicted of a felony
· Any information related to whether or not the Applicant has ever used an unlawful or controlled substance
· Any information related to whether or not the Applicant has ever been accused or convicted of a misdemeanor involving drugs or violence (domestic or otherwise)
· Any information related to whether or not the Applicant has ever been adjudicated as mentally defective, or committed to a mental institution
· Any information related to the reason the Applicant is seeking a Pistol and Revolver License
· Any information related to the references that the Applicant has provided including name, address, phone number or any other identifiable information.
· Any information that would provide a representation of the Applicants signature in any way.

Specifically excluding all of the information provided above information that is expected to be delivered is:
· For each out of state pistol and revolver license application received between Jan 1, 2013 and Jan 1, 2015 information as follows,
o Date that the application was received by the Department of Safety
o For any application that resulted in the issuance of a license, the Date that the license was sent to the applicant by the Department of Safety
o For any application that resulted in a denial or rejection of the Pistol and Revolver License
§ The date that the Department of Safety sent out the rejection notice
§ A Yes or No answer as to whether or not the Applicant requested an appeal as allowed under NH RSA 159:6-c Appeal From Denial, Suspension, or Revocation.
· Information on any Revocation of an out of state Pistol and Revolver License that occurred between Jan 1, 2013 and Jan 1, 2015 information as follows,
o The date of the revocation
o A Yes or No answer as to whether or not the previous licensee requested an appeal as allowed under NH RSA 159:6-c Appeal From Denial, Suspension, or Revocation.

If there are any fees for searching or copying these records, please inform me if the cost will exceed $100. However, I would also like to request a waiver of all fees in that the disclosure of the requested information is in the public interest and will contribute significantly to the public’s understanding of existing handgun licensing issues within the state of New Hampshire. This information is not being sought for commercial purposes.

The New Hampshire Right to Know Law requires a response time of five business days. If access to the records I am requesting will take longer than this amount of time, please contact me with information about when I might expect copies or the ability to inspect the requested records.

If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available to me under the law.

Thank you for considering my request.

Sincerely,

nhpoke
555 555-5555
 
The applicant emailed the chief last night. He probably should have done so first but oh well. Then we wouldn't have had some fun at the chiefs expense. Anyway, the chief claims it is his clerk who has been holding the license application up because she was waiting for the references to get back to the department.

And if you guys think my one grammatical mistake is bad wait until you read the chief's response to the applicants email asking what was up with the license.
The chief's response sounds like a fish story; however, the applicant has no compelling legal reason to disbelieve it. Thus this might be one of those situations in which the applicant gets his LTC and makes no further fuss. He has the correspondence from the chief admitting the approval/denial is overdue and can trot that out if he has trouble with his next renewal in 2019.
 
Since we seem to have some time now before this is heard again.. Thoughts on this actually making it through?

nhpoke
55 Fifty fifth street
Fiftyville, NH 55555

March 11, 2015

Sargent Sean R. Haggerty
Department of Safety
NH State Police
Permits and Licensing Unit
33 Hazen Drive
Concord NH 03305

Dear Sargent Haggerty:

Under the New Hampshire Right to Know Law R.S.A. Ch. 01-A et seq., I am requesting an opportunity to inspect or obtain copies of public records that provide information related to Out of State Pistol and Revolver Licenses issued by the state of New Hampshire. It is my intent to completely comply with RSA 159:6-a Confidentiality of Licenses which states “Notwithstanding the provisions of RSA 91-A:4 or any other provision of law to the contrary, all papers and records, including applications, pertaining to the issuance of licenses pursuant to RSA 159:6 and all licenses issued pursuant to said section are subject to inspection only by law enforcement officials of the state or any political subdivision thereof or of the federal government while in the performance of official duties or upon written consent, for good cause shown, of the superior court in the county where said license was issued.” I am requesting no information from the applications or the licenses. I fully expect the following information to be redacted from any records that are provided under this FOIA request:
· Previous or newly issued license number
· License expiration date
· Applicant Name
· Date of application
· Applicant mailing address
· Applicant resident state license number
· Applicant driver’s license number
· Applicant social security number
· Applicant phone number
· Applicant date of birth
· Applicant Place of birth
· Information as to whether this is a renewal or original application
· Applicant citizenship status
· Applicant height
· Applicant weight
· Applicant sex
· Applicant eye color
· Applicant hair color
· Applicant race
· Applicant non-resident identification number
· Applicant country of citizenship
· Applicant occupation
· Applicant employer
· Applicant employer address
· Applicant previous employer
· Applicant previous employer address
· Any information related to whether or not the Applicant has previously had a license denied
· Any information related to whether or not the Applicant has ever been accused or convicted of a felony
· Any information related to whether or not the Applicant has ever used an unlawful or controlled substance
· Any information related to whether or not the Applicant has ever been accused or convicted of a misdemeanor involving drugs or violence (domestic or otherwise)
· Any information related to whether or not the Applicant has ever been adjudicated as mentally defective, or committed to a mental institution
· Any information related to the reason the Applicant is seeking a Pistol and Revolver License
· Any information related to the references that the Applicant has provided including name, address, phone number or any other identifiable information.
· Any information that would provide a representation of the Applicants signature in any way.

Specifically excluding all of the information provided above information that is expected to be delivered is:
· For each out of state pistol and revolver license application received between Jan 1, 2013 and Jan 1, 2015 information as follows,
o Date that the application was received by the Department of Safety
o For any application that resulted in the issuance of a license, the Date that the license was sent to the applicant by the Department of Safety
o For any application that resulted in a denial or rejection of the Pistol and Revolver License
§ The date that the Department of Safety sent out the rejection notice
§ A Yes or No answer as to whether or not the Applicant requested an appeal as allowed under NH RSA 159:6-c Appeal From Denial, Suspension, or Revocation.
· Information on any Revocation of an out of state Pistol and Revolver License that occurred between Jan 1, 2013 and Jan 1, 2015 information as follows,
o The date of the revocation
o A Yes or No answer as to whether or not the previous licensee requested an appeal as allowed under NH RSA 159:6-c Appeal From Denial, Suspension, or Revocation.

If there are any fees for searching or copying these records, please inform me if the cost will exceed $100. However, I would also like to request a waiver of all fees in that the disclosure of the requested information is in the public interest and will contribute significantly to the public’s understanding of existing handgun licensing issues within the state of New Hampshire. This information is not being sought for commercial purposes.

The New Hampshire Right to Know Law requires a response time of five business days. If access to the records I am requesting will take longer than this amount of time, please contact me with information about when I might expect copies or the ability to inspect the requested records.

If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available to me under the law.

Thank you for considering my request.

Sincerely,

nhpoke
555 555-5555

We also need to know the reason for the denial, not just the date the denial letter was sent out. The reason is key.
 
I'm struggling with how to get at the reason without asking information available in the application itself.

The simple answer would be "unsuitable person" as a reason for all denials. Being more specific, like asking if there was a felony conviction is information which (should be) is included in the application itself, and therefore protected by 159-6a. Any help with that more than welcome.
 
I'm struggling with how to get at the reason without asking information available in the application itself.

The simple answer would be "unsuitable person" as a reason for all denials. Being more specific, like asking if there was a felony conviction is information which (should be) is included in the application itself, and therefore protected by 159-6a. Any help with that more than welcome.

You dont need personal info

You only need the reasons/crimes they were convicted of that made them unsuitable
 
Right, but the application itself (and in my interpretation information there in) is protected by 159-6a. Because the person has to state if they are a felon, drug user, domestic abuser, etc. as part of the application, I can't get that.

I'm limited to asking for "metadata" related to the application (Hi NSA!!).
 
The chief's response sounds like a fish story; however, the applicant has no compelling legal reason to disbelieve it. Thus this might be one of those situations in which the applicant gets his LTC and makes no further fuss. He has the correspondence from the chief admitting the approval/denial is overdue and can trot that out if he has trouble with his next renewal in 2019.

It also sounds like they are incompetent. They didn't send the letters to the references out until day 12. One reference has not even received the letter yet hence why they never responded.

Even worse, they are holding up the GF's application because the BF has a reference that didn't respond. All of the references on the GF's application responded.
 
Well, not limited to asking... I can ask for anything, I just believe the odds of getting the information on the application are small, and therefore they could reject the entire application???
 
Right, but the application itself (and in my interpretation information there in) is protected by 159-6a. Because the person has to state if they are a felon, drug user, domestic abuser, etc. as part of the application, I can't get that.

I'm limited to asking for "metadata" related to the application (Hi NSA!!).

I hear what you are saying but we need to know how many people are being denied for misdemeanor crimes (or worse, civil infractions like speeding). There has to be a way to get that. We aren't getting the name of the person or any other personal info so I don't see why you can't ask for the reason for the denial.
 
Right, but the application itself (and in my interpretation information there in) is protected by 159-6a. Because the person has to state if they are a felon, drug user, domestic abuser, etc. as part of the application, I can't get that.

I'm limited to asking for "metadata" related to the application (Hi NSA!!).

Right

But you're not asking for info in the APPLICATION per se and certainly not personal info protected by law

You are asking for info on the NHSP's findings and reasons for denial
 
Right

But you're not asking for info in the APPLICATION per se and certainly not personal info protected by law

You are asking for info on the NHSP's findings and reasons for denial


Actually, just ask for the denial letter itself with all personal information regarding the applicant to be redacted.
 
That's an interesting idea...

Just the request part, revised... (with bulleting fixed for html)

Specifically excluding all of the information provided above information that is expected to be delivered is:
  • For each out of state pistol and revolver license application received between Jan 1, 2013 and Jan 1, 2015 information as follows,
    • Date that the application was received by the Department of Safety
    • For any application that resulted in the issuance of a license, the Date that the license was sent to the applicant by the Department of Safety
    • For any application that resulted in a denial or rejection of the Pistol and Revolver License
      • The date that the Department of Safety sent out the rejection notice​
      • A copy of the rejection or denial letter that was returned to the applicant with all personal information redacted, but the specific reason for the denial left intact.​
      • A Yes or No answer as to whether or not the Applicant requested an appeal as allowed under NH RSA 159:6-c Appeal From Denial, Suspension, or Revocation.
  • Information on any Revocation of an out of state Pistol and Revolver License that occurred between Jan 1, 2013 and Jan 1, 2015 information as follows,
    • The date of the revocation
    • A copy of the revocation letter that was used to notify the license holder of the revocation with all personal information redacted, but the specific reason for the revocation left intact.
    • A Yes or No answer as to whether or not the previous licensee requested an appeal as allowed under NH RSA 159:6-c Appeal From Denial, Suspension, or Revocation.
 
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