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