Superior Court Orders Newton NH Police Chief to Issue Gun License & Pay Attorney Fee Costs

Pro-Gun New Hampshire
Pro-Gun New Hampshire

Concord, NH –-(Ammoland.com)-  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. Ferrara’s 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 McHugh’s Order granting the issuance of Mr. Ferrara’s 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; [email protected]; 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.

About Pro-Gun New Hampshire
Pro-Gun New Hampshire is a statewide organization of legislators, other public officials, and private citizens pledged to support and defend Second Amendment and sportsmen's rights within the state of New Hampshire. Our focus is on influencing state legislation through the personal relationships, honorable reputations, and mature conduct of our leadership and members. Visit: www.pgnh.org

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    Ralph HolderJasonGunner41Cavman Recent comment authors
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    Ralph Holder
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    Ralph Holder

    P.S. I pissed Streeter off by winning and by reprsenting myself in the process.

    Ralph Holder
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    Ralph Holder

    Newton Chief of Polcie Lawrence Streeter apparently hasn't learned his lesson. He tried the same thing on me in 2007 and not only had to be ordered to turn over the evidence he claimed justified the denial of renewal of my license to carry, he was ordered to issue me a new license to carry. I had not criminal record and he tried to use false and unfounded double hearsay statements alleging assault that were never testified to in court. The allegations arose in the midst of a highly contested divorced and child custody issue. The statute of limitations meant… Read more »

    Jason
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    Jason

    "Mr. Ferrara waited 73 days"

    whats this? day 15 get a lawyer!

    Gunner41
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    Gunner41

    The citizens of New Hampshire enjoy a very reasonable Conceal Carry law(s), when the Chief of Police effectively does his (or her) part of the process. I moved from NH a few years ago, and now find that Nevada makes it much harder to carry. concealled. Here in NV, one must attend an 8 hour class (costing around 80-100 dollars)and upon completion of this class we are then allowed to apply for a CCW license through the local Sherriff/Police Chief. The LE departments then charge another 100 dollars for aqdmin fees, as well as another 100 dollars for the background… Read more »

    Cavman
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    This is great news. While I'm generally a strong supporter of the police, I'm an even stronger supporter of a law abiding citizen's right to be armed in accordance with NH laws. It seems this police chief forgot the part of his oath that requires that he follow the State Constitution. That ego, or his inability to perform his tasks may cost the taxpayers of Newton a little cash.