Zoning/Gun Rights Hearing 2/16 7:30 pm

[Kat Kanning]

From: Jon Evans (attorneyevans@injury-rights.com)

Dear friends:

The date has been set for battle.

The Re-hearing for the Special Exception with the Alstead Zoning Board of Adjustment has been set: February 16th, (Wednesday) at 7:30 pm in the Municipal Office Bldg., downtown Alstead.  Across from the convenience store.

[The 'Special Exception' is necessary because Alstead has equated my FFL (Federal Firearms License) with a full blown retail gun store].  This is not completely the fault of the town, as their ordinance language is too old and narrow to contemplate FFLs.  This is a battle against ignorant, malicious, anti-gun neighbors. FYI there are 503, at last count, FFLs in NH alone.

Neighbors have been responsible for anti-gun, anti-my business, articles in the local newspaper (In the town where I practice law).  Nasty letters to my family and just downright 'Massachusetts-like' behavior (I'm from there originally, so I can say that).

This hearing also involves the application of State Law.  The same law that prevents towns from passing different regulations regarding firearms.  RSA 159:26  This law prevents a Massachusetts-like patchwork of different firearms laws and regulations in each town.  The anti-gun neighbors want the Zoning Board (a municipal entity) to violate this law by regulating my business differently than other businesses. They don't want it to exist because 'guns are bad', (real intellectual stuff). This is expressly prohibited by RSA 159:26:

159:26 Firearms and Ammunition; Authority of the State. ?
    I. To the extent consistent with federal law, the state of New Hampshire shall have authority and jurisdiction over the sale, purchase, ownership, use, possession, transportation, licensing, permitting, taxation, or other matter pertaining to firearms, firearms components, ammunition, or firearms supplies in the state. Except as otherwise specifically provided by statute, no ordinance or regulation of a political subdivision may regulate the sale, purchase, ownership, use, possession, transportation, licensing, permitting, taxation, or other matter pertaining to firearms, firearms components, ammunition, or firearms supplies in the state. Nothing in this section shall be construed as affecting a political subdivision's right to adopt zoning ordinances for the purpose of regulating firearms businesses in the same manner as other businesses or to take any action allowed under RSA 207:59.
    II. Upon the effective date of this section, all municipal ordinances and regulations not authorized under paragraph I relative to the sale, purchase, ownership, use, possession, transportation, licensing, permitting, taxation, or other matter pertaining to firearms, firearm components, ammunition, or firearms supplies shall be null and void.

Anyone interested in meeting at my home can do so and then follow me down to the hearing.

Beer, wine or soda to follow at my place.

Your attendance will be greatly appreciated!!

Please drop me a line if you need further information.

Thanks,

Jon Evans
352-2347

[Kat Kanning]

Mike Lorrey sent this out yesterday also:

Folks, you may have heard of the trouble attorney John Evans is
having in Alstead with the planning board and anti-gunner
transplants. Mr. Evans has an FFL and is facing flack from the town
due to a few outspoken New York transplants. Wednesday night the
planning board is meeting over the issue and John could use some
support, whether it is people speaking at the meeting or protesting
with signs outside beforehand.
I am providing him with some "The Failure of Gun Control" booklets
to present to the board. If anybody from the Manchester area is
interested in heading over there for this, please let me know (cause
I need a ride!).
Evans is the counsel for the NH Firearms Owners Coalition, a group
we haven't had too much contact with up to now, but I'd like us to
show them the value of working with other groups on issues.
You can contact Mr. Evans at: attorneyevans@injury-rights.com