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NH gun case could help concealed carriers
RidleyReport.com ^

Posted on 05/11/2009 4:04:27 PM PDT by Dada Orwell

http://www.youtube.com/watch?v=q_NhTgXz-q0

A recent gun-friendly outcome in a New Hampshire District Court could have positive implications for those who want to carry a concealed handgun. Prosecutors at the Manchester District Court dropped both counts of “carrying a concealed handgun without a license” against a man who was described by the media as “heavily armed,” carrying two loaded handguns and spare loaded magazines, and wearing body armor. The case received television coverage and national publicity via an Associated Press story.

William Walker was defended by attorney Evan F. Nappen of Concord (www.efnappen.com), the Corporate Counsel of the state-wide organization Pro-Gun New Hampshire (www.PGNH.org), and one of its five Directors. Nappen argued on motion that New Hampshire must honor the man's Virginia concealed carry permit because of the Federal Constitution’s "full faith and credit” clause. This is significant because New Hampshire does not officially maintain concealed carry reciprocity with Virginia. Unlike marriage licenses and driver licenses, state concealed carry licenses are generally honored by other states through reciprocal state-to-state agreements — but Virginia is not among the states listed on the New Hampshire Department of Safety’s Web page of such reciprocity agreements, www.nh.gov/safety/divisions/nhsp/ssb/permitslicensing/plupr.html.

In a plea agreement reached with the State, both counts of “carrying a concealed handgun without a license” were dropped, and all firearms, magazines and accessories ordered returned by the State. Mr. Walker pled “No Contest” to disorderly conduct and a motor vehicle violation. He received a $500 fine with $300 of it being suspended,

It's not clear what will happen to the next person "caught" carrying with only a Virginia permit, but the case serves as an instructional precedent, although not a binding one. Now there is one more arrow in the legal argument quiver of those who wish to peaceably exercise their gun rights without a New Hampshire carry license.


TOPICS: Government; News/Current Events; US: New Hampshire; US: Virginia
KEYWORDS: banglist

1 posted on 05/11/2009 4:04:27 PM PDT by Dada Orwell
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To: Dada Orwell

I never have been able to understand why a gun permit issued in one state was not valid in another. It is as if one state is more qualified that another.


2 posted on 05/11/2009 4:17:23 PM PDT by Citizen Tom Paine
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To: Citizen Tom Paine

I’ve never been able to understand why a gun permit is required ANYWHERE...


3 posted on 05/11/2009 4:25:26 PM PDT by PubliusMM (RKBA; a matter of fact, not opinion. 01-20-2013: Change we can look forward to.)
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To: Dada Orwell

Unfortunately, the way your create precedents is by refusing the plea agreement and taking it to court. This didn’t happen in this case, so it’s no use to anyone.


4 posted on 05/11/2009 4:27:46 PM PDT by MikeGranby
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To: MikeGranby

I think we are going to see alot more cases like this one as well as more gun cases where people are asserting states rights over federal guberment rights.

Hopefully we will see more and more pro 2A decisions and courts willing to acknowledge the obvious as well as more and more RATS fearful of touching the 2A issue.


5 posted on 05/11/2009 4:32:25 PM PDT by The Magical Mischief Tour
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To: Citizen Tom Paine
Because if it were, a person licensed in Texas could carry in Manhattan or Boston or San Francisco and we can't have that now can we?

See, there is always a half fast answer to a perfectly good question.

6 posted on 05/11/2009 4:35:20 PM PDT by muir_redwoods ( O.B.A.M.A. = One Big Asinine Mistake, America)
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To: PubliusMM
I’ve never been able to understand why a gun permit is required ANYWHERE...

So you can be taxed, tracked, and controlled.

7 posted on 05/11/2009 5:12:05 PM PDT by Sarajevo (You jealous because the voices only talk to me.)
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To: Dada Orwell
In a plea agreement reached with the State, both counts of “carrying a concealed handgun without a license” were dropped, and all firearms, magazines and accessories ordered returned by the State. Mr. Walker pled “No Contest” to disorderly conduct and a motor vehicle violation. He received a $500 fine with $300 of it being suspended,

WTF! The bigger charges are dropped, but the state still sees the need to issue a fine for some minor infraction? NH is acting like the oppressed bully.

8 posted on 05/11/2009 5:14:39 PM PDT by Sarajevo (You jealous because the voices only talk to me.)
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To: PubliusMM
I’ve never been able to understand why a gun permit is required ANYWHERE...

Exactly.

Per The Constitution they aren't.
9 posted on 05/11/2009 5:21:47 PM PDT by Filo (Darwin was right!)
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To: Dada Orwell

I can see this movment of having one states conceal carry license being recognized in all states moving a long the same tract as a gay marriage license being recognized in all states. Both of these issues will come to the forefront in the next few years.


10 posted on 05/12/2009 4:21:54 AM PDT by Old Teufel Hunden
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To: The Magical Mischief Tour

This is where this needs to be settled:

http://www.ar15.com/forums/topic.html?b=8&f=26&t=360718


11 posted on 05/12/2009 5:04:04 AM PDT by xmission (www.iwilldefendtheconstitution.com)
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