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RidleyReport
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| Joined: | Wed May 14th, 2008 |
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| Posts: | 28 |
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Posted: Sun May 17th, 2009 05:28 pm |
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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 Free Stater* 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 (http://www.efnappen.com), the Corporate Counsel of the state-wide organization Pro-Gun New Hampshire (http://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,
http://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.
*Free Staters are people who move to New Hampshire for more freedom: http://FreeStateProject.org
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Jared
Regular Member
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Posted: Sun May 17th, 2009 06:27 pm |
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Dave,
A Virginia permit is recognized in New Hampshire; however, NH only recognizes resident permits. Discriminating against residency is not constitutional (has been discussed on this forum many times); however, this is a good case because the judge said his virginia permit is good in NH even though he is not a resident of NH.
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KBCraig
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| Joined: | Tue Aug 7th, 2007 |
| Location: | Northeast Texas |
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Posted: Sun May 17th, 2009 08:13 pm |
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Jared wrote: Dave,
A Virginia permit is recognized in New Hampshire; however, NH only recognizes resident permits. Discriminating against residency is not constitutional (has been discussed on this forum many times); however, this is a good case because the judge said his virginia permit is good in NH even though he is not a resident of NH.
I think you meant "even though he is not a resident of VA." Bill is a resident of NH.
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