NH Pistol/Revolver References

[kKlroy]

I am currently (11/16/16) waiting for my renewal resident permit to be approved (submitted 11/1/16). I called on day 14 (11/14/16) to inquire, and was told that they were still waiting on one reference to get back to them. When I brought up the 14 day clause, I was told that was from "date of complete application, including return of references". This is not how I interpret the law as outlined in 159:6. I have no criminal record of any kind, and have required a clean background check for every job that I have worked since graduating college (private security, police dispatch, sales for a major firearms manufacturer). Can they continue to delay my renewal approval based on this reference? My previous renewal, none of my references were even contacted.

Does any one have relevant statutes or cases to reference?

 

[Len-2A Training]

No, they are breaking the law and if sued, the chief will be paying your legal bill out of his own pocket. That's the way NH works (all assuming this is a Resident P/R license).

 

[xtry51]

See above. Do not let them jerk you around. There is a lot of case law directly on this point, all in your favor.

What town?

 

[kKlroy]

See above. Do not let them jerk you around. There is a lot of case law directly on this point, all in your favor.

What town?

Do you have any of the statutes or laws that I can use as ammunition? Town is Atkinson. This will be my third permit in the town. The first one took 10 days to come back (references were contacted), the second took 7 days (references were not contacted). I am also thinking about contacting a previous coworker from the PD that I dispatched at for clarification on their interpretation of the law.

 

[xtry51]

You should contact a lawyer like Hipple or Nappen. PM Soloman02 I think he knows both of them.

 

[42!]

Relatively small town.
Previous renewal was quick.
Who did you piss off?
Did the police chief change?

 

[xtry51]

Relatively small town.
Previous renewal was quick.
Who did you piss off?
Did the police chief change?

This is not the first time we've had threads about this town causing issues.

You should call a lawyer and stick it to them immediately. The town/chief will have to cover the cost when you win.

 

[noddaduma]

Lawyer up. Don't let them think they can get away with it.


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[kKlroy]

Relatively small town.
Previous renewal was quick.
Who did you piss off?
Did the police chief change?

The chief did change a couple years ago when Consentino was forced to retire. I might have pissed off the Cpl. when I went over his head (to the current Chief) to ask him to further investigate a hit and run accident that I was the victim of. I would rather not lawyer up on this one; I'm pretty sure my final reference should be to them tomorrow (it was mailed Saturday). I just hope it is issued before the weekend; I have been without a valid permit since 11/7 and feel absolutely naked.

 

[xtry51]

Just OC everywhere. I have a permit and rarely CC.

 

[kKlroy]

Just OC everywhere. I have a permit and rarely CC.

Condition of carry is beyond the point (though I find the tactical advantage of concealed to be far preferable). I want them to follow the law and issue my permit. Also, it is extremely inconvenient to clear/load the weapon every time I enter/exit a vehicle.

 

[mikem317]

I agree on lawyering up. See if some one will do it pro bono.

 

[DarthRevan]

Do non-res permits have the same 14 day turn around?

 

[mikem317]

Do non-res permits have the same 14 day turn around?

Technically yes. Based on my experience from non-resident friends and family the turnaround had been at least 14 days but less than 30 days.

http://www.gencourt.state.nh.us/rsa/html/xii/159/159-mrg.htm

 

[ScottS]

Do you have any of the statutes or laws that I can use as ammunition? Town is Atkinson. This will be my third permit in the town. The first one took 10 days to come back (references were contacted), the second took 7 days (references were not contacted). I am also thinking about contacting a previous coworker from the PD that I dispatched at for clarification on their interpretation of the law.

The governing statute (159:6) is what you use for ammunition. It clearly says "The license shall be issued within 14 days after application" and not "14 days after references, etc." Also, as Len advised above, point out this part:

159:6-f Remedies. –
I. If any licensing entity or employee or member of the city council or board of selectmen, in violation of the provisions of this chapter, refuses to comply with this chapter, such entity or person shall be liable for reasonable attorney's fees and costs incurred in a lawsuit under this chapter to enforce the terms of this chapter, provided that the court finds that such lawsuit was necessary in order to obtain compliance with this chapter by the licensing authority. Fees shall not be awarded unless the court finds that the entity or person knew or should have known that the conduct engaged in was a violation of this chapter or when the parties, by agreement, provide that no such fees shall be paid. In any case in which fees are awarded under this chapter, upon a finding that an employee, or other official of a licensing entity has acted in bad faith in refusing to comply with this chapter, the court may award such fees personally against such employee or other official.

 

[SpeedOften]

When I brought up the 14 day clause, I was told that was from "date of complete application, including return of references".

Did you get a name of who told you this in the Department? It's pretty specific in the law and they are ignoring it. Shouldn't be difficult tpo nip it in the butt by bringing the wording up or even a letter from a lawyer - Nappen.

 

[42!]

Condition of carry is beyond the point (though I find the tactical advantage of concealed to be far preferable). I want them to follow the law and issue my permit. Also, it is extremely inconvenient to clear/load the weapon every time I enter/exit a vehicle.

You'll have to excuse what may sound like less than understanding comments from those of us in MA where we've become used to the oppression and the gov not following the law.

My NH non-res took 6 weeks and I was OK with that. In MA some wait 6 months, suitability and restrictions can change if you move one street over in the right direction.

I say give them a little time and make sure your reference has replied. You have to live with these people and maybe whoever is being a jackass will get over it when he thinks he made his point. Sure, at some point lawyer up, but they will remember you from that point on and it doesn't look like a very big town. Of course this is from a MA point of view that has seen far worse than a few weeks delay.

 

[SpeedOften]

You'll have to excuse what may sound like less than understanding comments from those of us in MA where we've become used to the oppression and the gov not following the law.

My NH non-res took 6 weeks and I was OK with that. In MA some wait 6 months, suitability and restrictions can change if you move one street over in the right direction.

I say give them a little time and make sure your reference has replied. You have to live with these people and maybe whoever is being a jackass will get over it when he thinks he made his point. Sure, at some point lawyer up, but they will remember you from that point on and it doesn't look like a very big town. Of course this is from a MA point of view that has seen far worse than a few weeks delay.

No. The Law is quite specific. Letting it slide does nothing but encourage the behavior.

 

[42!]

No. The Law is quite specific. Letting it slide does nothing but encourage the behavior.

I was only saying that in MA you get used to "letting it slide" because unless you're willing to pay out huge $$$ you're not going to get justice anyway, and it'll just get worse. Better to be patient and/or accept that you loose. At least that's what seems to work PRMA.

 

[Len-2A Training]

I was only saying that in MA you get used to "letting it slide" because unless you're willing to pay out huge $$$ you're not going to get justice anyway, and it'll just get worse. Better to be patient and/or accept that you loose. At least that's what seems to work PRMA.

NH is different and holds the issuing authority PERSONALLY liable, something that never has and never will fly in MA. So when a chief in NH is made to pay out of his own pocket, the legal bills for his indiscretion (by statute in NH), they tend to stop the bad practices instead of looking for retribution.

 

[kKlroy]

I will try to call them in about an hour to check the status. If they continue to delay I will likely read RSA 159:6 verbatim, and then follow up with 159:6-f; explaining that they are in violation of the law, and that if I chose to pursue legal action that the chief can be held personally liable. I will also likely sight my clean "24" (criminal record in state 10-code) and past/current employment to make it clear that if they choose to deny based on lack of suitability that they will be loved tenderly in the appeals process. I am hesitant to go this route though because I want to avoid making myself a target for reprisals.

 

[FrugalFannie]

No. The Law is quite specific. Letting it slide does nothing but encourage the behavior.

This!

When I moved to NH my town told me "it will go faster if you provide phone numbers for references." I looked at the lady and said "I just moved from
MA after it took 4 months for my renewal. I can wait the 14 days you are allowed by law." Got a call 12 days later


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[mikem317]

I will try to call them in about an hour to check the status. If they continue to delay I will likely read RSA 159:6 verbatim, and then follow up with 159:6-f; explaining that they are in violation of the law, and that if I chose to pursue legal action that the chief can be held personally liable. I will also likely sight my clean "24" (criminal record in state 10-code) and past/current employment to make it clear that if they choose to deny based on lack of suitability that they will be loved tenderly in the appeals process. I am hesitant to go this route though because I want to avoid making myself a target for reprisals.

Be polite but firm. I politely declined when they asked to photocopy my driver's license. They ended up flinching and just gave me my P&R.

Be nice and reference the law if you need to.

Good luck.

 

[noddaduma]

Good luck OP. State law is on your side.

I was only saying that in MA you get used to "letting it slide" because unless you're willing to pay out huge $$$ you're not going to get justice anyway, and it'll just get worse. Better to be patient and/or accept that you loose. At least that's what seems to work PRMA.

Your mistake is comparing Massachusetts to New Hampshire. They are not the same place.

 

[Kevin_NH]

You are already a target if Atkinson is jerking you around on your renewal. Might as well show them you aren't a soft target.

Your mistake is comparing Massachusetts to New Hampshire. They are not the same place.

 

[SpeedOften]

I was only saying that in MA you get used to "letting it slide" because unless you're willing to pay out huge $$$ you're not going to get justice anyway, and it'll just get worse. Better to be patient and/or accept that you loose. At least that's what seems to work PRMA.

The error in this thinking is that this is New Hampshire we're talking about. Not Mass. Don't bring that flawed logic here. It is not better to be patient when the PD is ignoring State Law. That logic only encourages the BS to continue.

That kind of thinking is how Hillary got away with all of her BS. Hold everyone to the same principle.

 

[agabriel]

I moved up to NH about a year and half ago. I filled out the paperwork and went through the process and hadn't heard anything after 13 days. So, I gave a call and was told my references hadn't responded yet. My response was, "but NH is 14 days shall issue right? This is day 13 and I want my permit". They promplty told me to come down and pick it up - it was ready. After a little grief about my signature, it was in hand.

On a tangent - it was fun buying guns with a paper license.

 

[xtry51]

OP, did you get your license yet?

 

[Racenet]

I moved up to NH about a year and half ago. I filled out the paperwork and went through the process and hadn't heard anything after 13 days. So, I gave a call and was told my references hadn't responded yet. My response was, "but NH is 14 days shall issue right? This is day 13 and I want my permit". They promplty told me to come down and pick it up - it was ready. After a little grief about my signature, it was in hand.

On a tangent - it was fun buying guns with a paper license.

You do not need any special license here to purchase guns. Just be a resident.

 

[Kevin_NH]

You do not need any special license here to purchase guns. Just be a resident.

And you don't need a driver's license (temporary paper one or otherwise) to prove residency, it's just the easiest way.