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OpenCarry.org - Discussion Forum > Stories From The States > New Hampshire > Look my case made the news!
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| OpenCarry.org - Discussion Forum > Stories From The States > New Hampshire > Look my case made the news!
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| Moderated by: jpierce | ||
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DanGarand Regular Member
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http://www.seacoastonline.com/articles/20090226-NEWS-90226032 Exeter resident takes concealed carry fight to N.H. Supreme Court By Elizabeth Dinan edinan@seacoastonline.com February 26, 2009 2:26 PM EXETER — A year after he was denied a license to carry a concealed weapon, Exeter resident Dan Garand is taking his case to the state Supreme Court. His hired gun is attorney Penny Dean, a Second Amendment specialist, NRA-certified shooting instructor, hunting safety instructor and graduate of the "Lethal Force Institute." "If you can lawfully own a gun, you should be issued a license to carry," said Dean, who hopes to convince the state’s highest court that appeals of gun license denials should be heard in superior courts. The case is scheduled for oral arguments before the Court on March 17, when Dean and Exeter attorney Dan Schwarz will each have ten minutes to make their arguments. Schwarz, who is representing the Town of Exeter, is out of the office this week and could not be reached for comment. Exeter Police Chief Richard Kane, who denied Garand’s gun license, did not return the Herald’s message seeking his comment. According to court records, Garand, of 80 Linden St., has been an Exeter resident since 1987. On April 14, 2008, he applied for a resident license to carry a concealed weapon and eight days later, Kane denied the request. Dean said the police chief’s response contained "numerous, exaggerated, and outrageous allegations," including that her client had been under investigation for several serious crimes and had committed crimes as a juvenile. Dean said her client has never been convicted of a felony or a domestic violence crime, and that her requests for evidence to the contrary have been ignored. She describes the police chief’s denial as "arbitrary, capricious and in bad faith." She describes her client as "a 22-year-old kid who, if he came to take your daughter out to dinner, you wouldn’t have a problem with it." Court records show Garand appealed Kane’s denial to the Rockingham County Superior Court and on July 7, 2008, Judge Kenneth McHugh rejected it, citing a "lack of jurisdiction," while ruling the case should have been heard in Exeter’s District Court. In response, Dean asks the Supreme Court to decide whether superior courts have the jurisdiction to hear denials for concealed carry licenses, in instances other than when an issuing authority violates procedure, such as requiring a photograph or fingerprints, or using the wrong application form. Further, she alleges, before Judge McHugh declined to take her client’s case, he heard and ruled on a similar case in 2004. That Salem gun license appeal — McQuate v. Donovan — was not dismissed for lack of jurisdiction, notes Dean, adding that her own form for filing license denial cases was used during the 2004 Superior Court hearing. "The statute hasn’t changed," said Dean. "Why have they heard (these cases) in the past?" Dean says she prefers to appeal permit denial cases in superior courts because there are longer time periods for discovery (evidence) and judges are often rotated, which she said allows for greater impartiality. Garand also alleges Kane violated a statute prohibiting chiefs of police from requiring photographs of concealed carry applicants, when he asked for and photocopied Garand’s driver’s license at the time he filed his application. "A driver’s license to me is the same thing as a photograph," said Dean. "I just hope the Supreme Court decides correctly." |
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DanGarand Regular Member
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I also set up a legal defense fund to help defray some of the staggering legal fees I have incurred. Please let me know if you would like some more info or to donate. |
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KBCraig Regular Member
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I don't recall the story in detail. Why wasn't it pursued in District Court, as the law provides for? |
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mark edward marchiafava Regular Member
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Isn't the name of this site opencarry.org? |
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DanGarand Regular Member
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KBCraig wrote:I don't recall the story in detail. Why wasn't it pursued in District Court, as the law provides for? Due to the outrageous claims on my denial I chose to go to Superior court(where my lawyer had brought this type of issue many times before)which has a filing fee and much less restriction on time, therefore allowing my lawyer to properly address everything alleged and ask for discovery(showing of all notes/evidence/vids/audio etc.)of any allegations brought up in my denial. I also believe there to be a working relationship between district judge and chief of police and therefore wanted to escape some of that. The law does provide for me to go to superior court due to violation in licensing which I believe to have occurred and that is my unarticulated answer for why I am going to supreme court. mark edward marchiafava wrote: Isn't the name of this site opencarry.org? You are absolutely right. This site is about advancing firearm freedoms. I just want to choose to open carry not be forced to open carry. |
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KBCraig Regular Member
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Thanks for the explanation on choosing superior instead of district court. If your attorney has a history of license appeals in superior court, it should be a slam dunk. DanGarand wrote: Mark edward marchiafava wrote: And in NH, unlicensed open carry would be illegal on MEM's "Freedom Cycle", so license issues are very relevant to open carry. |
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mark edward marchiafava Regular Member
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You mean all those free staters picking up litter featured all over You Tube are required to have a permit to OC? If that's the case, that's no longer a right, but a privilege. |
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Mike Super Moderator
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DanGarand wrote: Garand also alleges Kane violated a statute prohibiting chiefs of police from requiring photographs of concealed carry applicants, when he asked for and photocopied Garand’s driver’s license at the time he filed his application. Should have alleged a violation of the federal Driver's privacy Protection Act as well. |
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timf343 Campaign Veteran 
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mark edward marchiafava wrote: You mean all those free staters picking up litter featured all over You Tube are required to have a permit to OC? Yea, it's one of those VERY unpleasant facts I learned after I moved here. OC is fine with no permit, but if you're in a vehicle, you can't have a loaded gun without a concealed carry permit. |
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KBCraig Regular Member
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mark edward marchiafava wrote: You mean all those free staters picking up litter featured all over You Tube are required to have a permit to OC? No, I don't mean that. They're not picking up litter while riding motorcycles, are they? NH doesn't allow loaded, unlicensed carry in a vehicle. While there's the occasional harassment of an OCer, I haven't heard of any reports that are anything like what you've experienced in Louisiana. Last edited on Sat Mar 14th, 2009 07:57 am by KBCraig |
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mark edward marchiafava Regular Member
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So you can OC on foot, but not while in/on your vehicle? Wow, that's not good. Can you OC in/on your vehicle with an UNloaded sidearm? Once you get to where you're going, you then can reload on the sidewalk? Wouldn't that tend to upset the sheeple more than merely OC'ing? |
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Doug Huffman Regular Member 
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WI law is similar. OC is legal but not in or on a vehicle where the gun must be unloaded and encased away from easy access. To legally transition from OC to driver one must retrieve the box, administratively unload, separate the ammunition, encase and mount the vehicle. Transitioning from driver to OC, dismount, retrieve the box, load and be off. All this manipulation will hypothetically allow an ND and draw attention. |
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mark edward marchiafava Regular Member
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This make NO sense at all. But, we are talking government here. Once, when I was stopped for speeding on a motorcycle in Louisiana, where this wouldn't apply, after completing the traffic stop, the officer handed the unloaded weapon back to me, then handed the cartridges to a friend of mine. I just looked at the officer, thinking what an idiot. As he drove off, I reloaded, went on about my business. Can you imagine people standing on a sidewalk in a business district, loading handguns? |
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Flyer22 Regular Member
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"Hello, 911--There's a man standing outside my store, loading a gun." |
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DanGarand Regular Member
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Tomorrow is the big day guys. Wish me luck :-) Anyone is welcome to come. Supreme court at 12:30 check in time and hearing at 1:30. ALSO COME TO THE GO-NH round up. Free food and raffles etc. It starts at 7 check their web site for the address. |
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NewHampshireNative Regular Member
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I take it you lost the case and thats why you have not posted any updates? |
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Jeremy2141 Regular Member 
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Gotta love NH carry laws. Go to the bank in your car without a concealed pistol permit. Pick up unloaded pistol from your car seat. Load Pistol on the sidewalk. Walk into bank with pistol holstered........ At least the CC permit is "shall issue" (most of the time, sorry Dan). |
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ScottNH Regular Member
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Is there an actual update on this case? I've seen nothing in the local papers. |
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timf343 Campaign Veteran
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Jeremy2141 wrote: Gotta love NH carry laws. As far as states go, NH is near the top of the list. Only wish I didn't need permission to be in a car loaded... But that's a small price to pay. The snow and harsh winter, that's another story. Looks like the wife and I are moving to Florida next month and I'm dreading the fact that OC is ILLEGAL there. At least they're shall issue, I just hope the wind doesn't blow my t-shirt in a manner which reveals my gun, turning me into a dangerous criminal. |
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Jeremy2141 Regular Member
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Don't go. It doesnt snow there! |
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vpanos Regular Member
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I think NH statutes provide compensation of legal fees if the chief is found to be in violation of the statutes. No help up front, but hopefully they will find him in violation of the "shall issue" ruling and you can be vindicated and your legal fees be repaid. I hope that at some point our right to oc/cc will be viewed and accepted as a right and not a privilege decided by some appointed or elected official. I commend you for standing up for your rights. Every time we push back is for the good of all law abiding citizens wishing to exercise our rights provided under the constitution. We are all in for a tough ride with the new administration, we all need to stand up as you have. Look into becoming a member of GOA.org, they sometimes provide assistance to those who's 2nd amendment rights are being violated. Good luck and keep up the fight. |
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jegoodin Founder's Club Member 
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So what was the outcome in court? |
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