Cavalry Scout Jamie J. Kiklis & the Need for National Right‑to‑Carry Reciprocity
By Evan F. Nappen, Esq.
Eatontown, NJ --(Ammoland.com)- Cavalry Scout Jamie J. Kiklis was assigned to the 3rd Armored Cavalry Regiment in Tal Afar, Iraq during June of 2005.
Part of the mission was to take a terrorist stronghold. While engaging the enemy in the pursuit of the objective, Kiklis was hit twice from enemy rounds fired from a terrorist’s AK-47. One bullet struck him in the abdomen and the other struck him in the thigh. Kiklis then crawled into an uncleared room and proceeded to conduct did his own medical treatment and “pulled security” with his Beretta 92 9mm pistol. While bleeding and trying to ignore the excruciating pain, his fellow soldiers “put the Bradley” through the building creating a potential escape route. He gathered all his strength and hopped out on one foot, while heavy enemy fire of bullets and grenades came in from everywhere.
Roughly 10 days prior getting shot by the enemy, Kiklis had been wounded by two daisy chained IEDs. For his service to his country, he received 2 Purple Hearts, the Bronze Star with Combat Distinguishing “V” for Valor, 2 Army Commendation Medals, an Army Achievement Medal, National Defense Service Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Army Service Ribbon, and Combat Action Badge. These are just to name some of the decorations, medals, badges, citations, and campaign ribbons awarded to him.
Kiklis knows first hand that a pistol can save lives. After his honorable discharge from the military due to his combat wounds he came home to New Hampshire and applied for and received from his local Chief of Police a New Hampshire Carry License. In December of 2008 he went to visit his girlfriend in Massachusetts. Being so accustomed to carrying a sidearm from both his military experience and living in New Hampshire, he forgot that he had his handgun with him and crossed the border into Massachusetts.
He had pulled to the side of the road to text his girlfriend (now his wife) to inform her that he was lost and going to be late. This war hero with a valid New Hampshire Carry License then encountered the police in Massachusetts. The police discovered Kiklis’ sidearm and arrested him for being in violation of Massachusetts notorious gun laws.
After a long, stressful and embarrassing ordeal of court appearances and spending thousands in legal fees, he eventually had no choice but to plead guilty to violating the Massachusetts’ law of Carrying a Firearm without an I.D. He was placed on probation for two years and had to give up his New Hampshire Carry License and not possess firearms as part of his “punishment” dished out by Massachusetts. After his probation was discharged early because of his (not surprisingly) excellent behavior. He reapplied to get his New Hampshire Carry License issued back to him.
His reapplication for his license was denied by the Chief because:
The investigation done in connection with your application reveals that you have a criminal record, specifically your arrest and conviction of Carrying a Firearm without an ID Card in Somerville Massachusetts.
He hired the Nappen law firm to appeal this denial. The appeal was successful. On July 14, 2011 the District Court issued the following Order:
After hearing the Court finds that the Defendant failed to provide clear and convincing proof, as required RSA 159:9-C, that would justify the denial of the Petitioner’s license application. Therefore pursuant to RSA 159:6-C, the Defendant is directed to issue said license to the Petitioner.
Kiklis was thrilled to get his New Hampshire Carry License back. However, he had been put through the meat grinder of the Massachusetts criminal justice system. He had to go though a further court process in his home state to regain his rights. This after he served and sacrificed for his country to protect all of our rights, including the Second Amendment.
Unfortunately states like Massachusetts do not respect the individual’s Constitutional right to keep and bear arms, even those persons with a lawful carry license issued by a neighboring state.
Gun control victims like Jamie Kiklis should not lose their freedom, property, hard-earned dollars and self-respect for actions that are 100% legal in one state and unreasonably criminalized in another. National Right‑to‑Carry Reciprocity will stop states like Massachusetts, New Jersey, New York, Maryland, California, etc. from turning honest, licensed citizens into criminals and putting them through a legal nightmare. The patchwork quilt of gun carry laws must be stitched up by Congress with a National Right‑to‑Carry Reciprocity law.
This is vital to protect honest citizens like Cavalry Scout Kiklis from being abused by xenophobic and unreasonable gun control laws.
Evan Nappen (www.efnappen.com) is a criminal defense attorney who has focused in firearms and weapons law for over 23 years. He is the author of New Hampshire Gun, Knife, and Weapon Law and the New Jersey Gun Law Guide. He is a director and the General Counsel of Pro-Gun New Hampshire, Inc. (http://www.pgnh.org/).