I don't believe the law specifies that is "working days". Either way it's BS. They can run the paperwork through in a matter on minutes. I'd still attend the next selectmen meeting and bring up the fact that they are not following NH law, and also bring up the enforcement posted by ScottS. The selectmen don't want to cost the town and taxpayers $$$ for legal action that can easily be avoided.
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NH License- Any other PD's ask this?
- Thread starter caboose84
- Start date
I don't believe the law specifies that is "working days". Either way it's BS. They can run the paperwork through in a matter on minutes. I'd still attend the next selectmen meeting and bring up the fact that they are not following NH law, and also bring up the enforcement posted by ScottS. The selectmen don't want to cost the town and taxpayers $$$ for legal action that can easily be avoided.
caboose84
NES Member
I agree it is BS. The quoted section of law which is on the back of the form states 14 days.
As to $$$ in a suit, one can always ask for attorney's fees, but according to GONH the likelihood of getting a favorable judgment is pretty slim, except in the most egregious cases.
As to $$$ in a suit, one can always ask for attorney's fees, but according to GONH the likelihood of getting a favorable judgment is pretty slim, except in the most egregious cases.
I'd still bring it to the attention in front of the Board of Selectmen.
Funny part is that my wife IS a Selectman, and was when I had applied for my permit. I did let her know about the screwing around and it still took another couple weeks before I got it. I think the fact that they had just fired the Chief, and the next two top guys had something to do with them taking 6 weeks to get my license....
She applied for hers about 6 months or so ago and had it in 3 days.
Would a class action lawsuit work in cases such as this? File it against the state, naming each and every town that doesn't follow the laws as co-defendants, since they are issuing a state license?
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Did you talk to GONH about this specific case, or is this opinion published somewhere?
J
Jose
caboose84
NES Member
I had talked with attorney Penny Dean of GONH about the initial application (the letter that requested the references phone the department) and followed her suggestion to ignore what the PD letter states and just fill out the form precisely as it requests and mail it in. Interestingly, when I was talking to the PD secretary she mentioned that I had mailed it in. Maybe that implies "you ignored our rules, we are going to be slow about it" but proving it would be tough.
At any rate, on the GONH web page attorney Dean has prepared a FAQ about NH gun laws, within that is the mention of the low probability of being awarded fees.
True, but they may not know that, or be interested in risking personal exposure. It would be worth a comment or letter, IMO.
caboose84
NES Member
Update- got a phone call that my license is ready today (precisely 4 weeks from when it was delivered to the PD)... I'll be picking it up after work. I may have some pointed comments regarding "customer service" once it is in hand.
After turning in my papaerwork, the PD contac ted me and asked me for the phone numbers of my references. They could have looked that info up themselves, but it was faster and easier for me to give it to them. They did contact every one of my references.
Doesn't matter if it's faster or easier: they have 14 days to deliver or deny the license. I would have told them to do it themselves.
I wouldn't couch it in terms of "customer service." I would discuss with them the fact that the law requires them to issue within 14 days.
caboose84
NES Member
I will say when I picked it up they were apologetic about the time it took.
They have a sign posted in the lobby that states the paperwork and process takes 10 to 14 business days and the Chief is the only one who can sign it and he was on vacation over Christmas when the paper work was done.
Was it BS, most likely. But they were apologetic.
I decided it wasn't worth an argument and possibly putting a "ticket me" sign on my car.
They have a sign posted in the lobby that states the paperwork and process takes 10 to 14 business days and the Chief is the only one who can sign it and he was on vacation over Christmas when the paper work was done.
Was it BS, most likely. But they were apologetic.
I decided it wasn't worth an argument and possibly putting a "ticket me" sign on my car.
In NH you have no reason to kiss the ass of any town for a Pistol/Revolver License. It is state law for them to give it to you if you meet the criteria. Period. They have 14 days regardless of how "busy" they are. They cannot ask for anything but what is on the application. No point in living in a free state if you are going to let them treat you like sheep.
Brin747
NES Member
Poor choice of wording on my part. As I recall, you can obtain the License as long as you are not prohibited by law. So again, what do personal reference have to do with that?
They are just fishing for something, maybe perhaps hoping someone will slip up and tell them something you haven't been caught for. Then again, why would you put someone down as a reference who would have bad things to say about you?
Actually know someone who was denied based on the Police Chief's own determination the applicant was "unsuitable". The applicant did not have any of the disqualifiers for owning a firearm, but he HAD butted heads with the Chief verbally on a few occasions. Chief denied it. Applicant challenged it, but after 10's of thousands of dollars in legal fees, the applicant gave up the fight to cut his losses. It was absolutely wrong. Chief knew he could outlast the applicant in time and money.
I had this happen to me in Raymond. However I hadn't had any problems with the police chief there. I just got a letter saying "Unsuitable Person" with no further explanation. I was younger and stupider back then and didn't fight it... hell, I wouldn't even know how to fight it since I didn't have a clue why I was denied.
Later on I moved to Manchester and reapplied and I've had my P&R license ever since. However, whenever I have to renew I'm required to list that I was denied in the past and I have to write up an explanation on separate sheet of paper. It gets me steaming mad every time!
New Hampshire is "Shall Issue" in theory, but in practice there are scum sucking Chiefs of low moral character out there who don't really give a damn about the law.
The law is clear, your local PD has no legal basis for their request. If the Chief in your town insists on contacting your references the onus is on him/her. You are not even obligated to provide phone numbers and your PD is still obligated to either provide you with your CCW or deny you with a reason within the prescribed time. PERIOD!!!!
Well it is shall issue. They have to issue the license unless you meet the dis-qualifiers (felon, adjudicated to a mental institution, and I think that is it). The law (RSA 159:6) lists the reasons to carry, just copy one down verbatim and you fulfilled that "requirement" on the form (who said plagiarism never got you anywhere
![[wink]](/xen/styles/default/xenforo/smilies.vb/002.gif "Wink [wink]")
).As for the references, my police department never checked my references. Some departments don't bother because they have realized that if your trying to get the license, your not gonna put down references who are going to bad mouth you.
All Dover does is send a letter out with check boxes asking if you are aware that the person in question has been to a mental facility or convicted. Someone from Dover got his license even when only one maybe two of the references responded. Even if they hear nothing from any of the references they have to issue the license if none of the dis-qualifiers are met.
Which town?
caboose84
NES Member
Weare
That's strange. I live in Weare and didn't see any sign about references contacting the PD when I was at the station. Also didn't see any signs about 10-14 business days to issue it. Maybe someone pointed out to them that it's in violation of state law and they took them down.
caboose84
NES Member
Quite possible. This was last December. Haven't been back since...
