NH gun case could help concealed carriers

[Dave Ridley]

http://www.youtube.com/watch?v=q_NhTgXz-q0

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 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.

[KBCraig]

The key element of the case was that the Virginia license is issued by the courts, which makes it subject to "full faith & credit".

[doobie]

So basically we need someone from Virginia, who does nothing wrong except conceal carries on their VA license...  Anyone want to be the next victim?

How many other states of licenses that are issued by the court systems?

[Keyser Soce]

So basically we need someone from Virginia, who does nothing wrong except conceal carries on their VA license...  Anyone want to be the next victim?

How many other states of licenses that are issued by the court systems?

Not many. Az is issued by Department of Public Safety. Florida (believe it or not) is issued by the Department of Agriculture. 

[KBCraig]

Florida (believe it or not) is issued by the Department of Agriculture. 

And bears the signature (believe it or not) of Charles Bronson. 

[doobie]

If case-law came into affect where full-faith in credit DID really exist for this... Would this also mean that ANY state (even those who do not have concealed carry laws) must accept this permit?  If so how does one get a non-resident VA license issued from the courts?

EDIT: this assumes that it was a federal court that granted this.

[Pat McCotter]

If case-law came into affect where full-faith in credit DID really exist for this... Would this also mean that ANY state (even those who do not have concealed carry laws) must accept this permit?  If so how does one get a non-resident VA license issued from the courts?

EDIT: this assumes that it was a federal court that granted this.

Virginia circuit courts issue concealed handgun permits.

[doobie]

If case-law came into affect where full-faith in credit DID really exist for this... Would this also mean that ANY state (even those who do not have concealed carry laws) must accept this permit?  If so how does one get a non-resident VA license issued from the courts?

EDIT: this assumes that it was a federal court that granted this.

Virginia circuit courts issue concealed handgun permits.

I know, but for it to become case law, it would have to be a win in favor of the licenses at the federal level.  If NH said, "Yup, we'll accept reciprocity due to FFAC" that doesn't mean it will work for all states.

Or were you responding to me question on non-res licenses? 

[Ryan McGuire]

Maybe I'm being dense here, but I don't understand how having more reciprocity with other state's CCW licenses advances liberty. (Don't get me wrong, I'm very happy Bill is a free man right now )

If you're fine with the idea of getting a CCW license in another state, why would you be unwilling to get one in NH?

I don't ever want to ask for permission from the state to carry a firearm.

Does this decision work towards getting rid of the requirement for CCW licences? I'm not seeing it.

[Pat McCotter]

If case-law came into affect where full-faith in credit DID really exist for this... Would this also mean that ANY state (even those who do not have concealed carry laws) must accept this permit?  If so how does one get a non-resident VA license issued from the courts?

EDIT: this assumes that it was a federal court that granted this.

Virginia circuit courts issue concealed handgun permits.

I know, but for it to become case law, it would have to be a win in favor of the licenses at the federal level.  If NH said, "Yup, we'll accept reciprocity due to FFAC" that doesn't mean it will work for all states.

Or were you responding to me question on non-res licenses? 

I thought you had made the assumption, in this instance, that the license was issued by the Fed Court. I see now you were making that assumption for your argument.

[John Edward Mercier]

I'm not sure I understand the argument that a Concealed Carry must be issued by a Court?

I do understand the difference between a NH District Court finding the defense constitutionally valid, and the need for a Federal District Court finding to make it universal throughout the country.

[Ryan McGuire]

Maybe I'm being dense here, but I don't understand how having more reciprocity with other state's CCW licenses advances liberty.

Ah, I guess I see the reasoning:

If case-law came into affect where full-faith in credit DID really exist for this... Would this also mean that ANY state (even those who do not have concealed carry laws) must accept this permit?  If so how does one get a non-resident VA license issued from the courts?

This only helps people who live in states where you can't (easily) get CCW licences. Get one in VA and you could conceivably carry anywhere.

If that actually worked, I think I would rather not get a CCW from anywhere and simple get a court to issue a statement that they recognize the entire US constitution (including the 2nd amendment).