Bill & Ivy arraignment and trial dates

[J’raxis 270145]

Hi all.

So, to update everyone on what happened today:

About a week and a half ago, Evan filed a motion to dismiss both of the conceal carry charges against Bill, on the basis that he has a valid and current Virginia conceal carry license, which (in VA) is issued by the courts.  The argument was that, because it is a court issued document, NH should recognize it under the full faith and credit clause.

Last week the prosecutor came at us with a deal:  he would drop all the charges except one of the conceal carry charges, which he would drop to a Class B misdemeanor.

Bill and I said no deal.  We didn't want any gun-related charges on his record period.  Evan was told no deal and he prepared for trial today.

So we arrived today ready to fight.  The prosecutor and Evan chatted back and forth a few times.  Eventually, there was a proposal whereby Bill would agree to not contest (plead "nolo contendre") a charge of class b misdemeanor disorderly conduct.  This charge would hold a fine of $500, $200 to be paid today and $300 suspended for 1 year.  In exchange, the prosecutor would drop both charges of conceal carrying without a license, would drop the charge of misuse of plates, and would allow for a "no finding" for one year the driving after suspension or revocation charge.

We have to get back over to the court sometime today to pay the $200, but otherwise we are good to go. 

[J’raxis 270145]

Followup news stories:—



Manchester prosecutor drops gun charges in high-profile case
PRESS RELEASE -- Contact Evan F. Nappen, Esq., (603) 223-0001

Manchester, New Hampshire, April 6, 2009 - 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 man 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 license, 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.



NH gun case could help concealed carriers (Virginia tie-in)
RidleyReport

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NH: Prosecution drops gun charges in "body armor trial"
RidleyReport

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