Skip to comments.Superior Court Orders Newton Police Chief to Issue Gun License and Pay Attorney Fees and Costs(NH)
Posted on 04/14/2012 8:43:21 AM PDT by marktwain
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. Ferraras 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. Chief Streeter and the Town of Newton filed a motion for reconsideration of Judge McHughs Order granting the issuance of Mr. Ferraras license and awarding reasonable attorney fees and costs. This motion for reconsideration was denied by Judge McHugh on April 3, 2012, and the original Order remains effective.
For additional information, contact Evan Nappen, Esq., at E.F. Nappen Attorney at Law PC: 603-223-0001; firstname.lastname@example.org; www.efnappen.com .
Attorney Evan Nappen, Esq. is the General Counsel and one of the five corporate Directors of Pro-Gun New Hampshire, Inc. (www.PGNH.org). He is President of E.F. Nappen Attorney at Law PC in Concord, New Hampshire, and is the author of the book New Hampshire Gun, Knife, and Weapon Law.
perhaps, however that citizen will now face harrassment by the police department
“Gun control” is a loser for the commie DemocRATS. They can do the exploitation thing all day long, their “Trayvon” Skittles thing isn’t going to change that.
Oh, I can guarentee that citizen will be closely scrutinized by the socialists in an attempt to discredit him and all who wish to defend themselves.
He had better be very careful to follow all traffic rules,keep his grass mowed ,and avoid any type of confrontations.
Statists don’t like citizens who know and insist on their rights.
How dare a citizen expect the law to follow the written law / s
Too bad he painted a target on his back...
That’s where a civil lawsuit and restraining order come in...
I hold a New Hampshire permit, even though I am a Kalifornian. It cost me $20 and the application was simple. The permit arrived very quickly.
Unfortunately, New Hampshire raised the fee for out-of-staters to $100. If all fifty states took New Hampshire's approach, it would cost a Kalifornian who can't get a Kalifornia permit, about $5000 to be able to carry in the free states. Thankfully, the majority of states recognize my non-resident Utah permit.
Newton is home to the Country Pond Fish and Game Club, and the local PD officers are members.
For a good idea of what Newton is like visit the Fish and Game club website.