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My friend's LTC was denied

Started by leetninja, December 31, 2010, 02:42 PM NHFT

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leetninja

Basically when she applied for it she marked off a box saying that there was a domestic conviction. 

Apparently when she was 19ish she was in an abusive relationship.  Craziness ensured - the guy fled the state - then came back and went to jail.  She was a witness for the prosecution.  Apparently inside the courthouse the abuser was allowed to roam freely and when he saw her he went over apologized and hugged/embraced her.  They then prosecuted her for a violation of a protective order.  It seems rather ridiculous but then again I am not surprised by this kind of shit anymore.  She was young, stupid, and scared because they threatened her with jail time etc.  She only had a crap public defender.  At the crap public defender's advice she plead out of it not realizing that it would haunt her.  She was told she would be able to get it easily expunged.  Another lie.  I went with her to a lawyer who is a friend of mine and we were told it would be quite a length and expensive process to get it expunged if it was even possible. 

The application did say to attach an "explanation" of what the circumstances etc were.  Kept it short and simple and to the point.

Does anyone know what to do next other than open carry?  She would like to conceal carry obviously. 

I have kind of hit a dead end here. 

KBCraig

If the events were as you described, and the conviction was for violating a restraining order rather than for an act of violence, she should not have checked the box.

Assuming it's been less than 30 days since she was denied, here's her option:

http://www.gencourt.state.nh.us/rsa/html/XII/159/159-6-c.htm

159:6-c Appeal From Denial, Suspension, or Revocation. – Any person whose application for a license to carry a loaded pistol or revolver has been denied pursuant to RSA 159:6 or whose license to carry a loaded pistol or revolver has been suspended or revoked pursuant to RSA 159:6-b may within 30 days thereafter, petition the district or municipal court in the jurisdiction in which such person resides to determine whether the petitioner is entitled to a license. The court shall conduct a hearing within 14 days after receipt of the petition. During this hearing the burden shall be upon the issuing authority to demonstrate by clear and convincing proof why any denial, suspension, or revocation was justified, failing which the court shall enter an order directing the issuing authority to grant or reinstate the petitioner's license. The court shall issue its decision not later than 14 days after the hearing on whether the petitioner is entitled to a license.

Source. 1979, 355:2. 1998, 380:2, eff. Jan. 1, 1999.

KBCraig

Adding this: if the conviction is for any kind of assault, regardless of the actual events, she's screwed. She's not only barred from getting her license, she's a "prohibited person" who can't possess a firearm or even so much as a single round of ammunition. And that includes "constructive possession", meaning having unfettered access to a gun, even if it's someone else's.


Silent_Bob

I *believe* a conviction of "domestic violence" would preclude firearms possession under federal law.

A petition for annulment is fairly straightforward.

"lengthy and expensive process" usually means the attorney doesn't know how to proceed and or want the case.