NH gun victory could help concealed carriers

[RidleyReport]

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 (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.

*Free Staters are people who move to New Hampshire for more freedom: http://FreeStateProject.org

[Selene]

Ridley:

Thanks.

This is positive news, the full faith and credit is a strong afffirmative defense. Did he by any chance cite DC v. Heller as a secondary argument asserting his federal citizenship claims?

Adam

[RidleyReport]

Though I've followed this fairly closely...no I didn't hear any refs to Heller.

It's a small victory only on our side. But yes I do think it's a victory. Unfortunately at last report the authorities won't give his guns back without forcing him to submit to a background check he considers illegal.

[Selene]

I would be interested in discussing this with you away from the forum:

jgalt44@yahoo.com

I have been putting together for several years, within the experience period that is required, certain significant fact patterns for a particular approach

that will be successful heard in a Federal District Court.

This court, of limited jurisdiction is not simple to maintain standing in. Chris Grieb and some others here have addressed it regarding the Fed and other

intrusions.

Several premature "rights" suits have been tossed for lack of:

1) "ripeness";

2) standing;

3) exceptions to jurisdiction; or

4) a fact pattern that has been forced into a Constitutional matter, in other words frivolous.

Adam