Superior Court Orders Newton NH Police Chief to Issue Gun Li

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Superior Court Orders Newton NH Police Chief to Issue Gun Li

Postby SBinRockrimmon » Sat Apr 07, 2012 7:57 pm

I'm a bit curious if there was a reason that the Chief in Newton didn't issue the P&R license to begin with. I did a search and didn't find anything related. I would like to know if there is some sort of back story to this. I lived in Newton a number of years ago and don't recall who the Chief was back than. This isn't MA and NH law is pretty specific on the issue.


http://www.ammoland.com/2012/04/06/supe ... fee-costs/

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; gunesq1@verizon.net; 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.
I predict future happiness for Americans if they can prevent the government from wasting the labors of the people under the pretense of taking care of them. - Thomas Jefferson

To compel a man to furnish contributions of money for the propagation of opinions which he disbelieves and abhors, is sinful and tyrannical. - Thomas Jefferson

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Re: Superior Court Orders Newton NH Police Chief to Issue Gu

Postby curt » Tue Apr 10, 2012 9:11 am

April 10, 2012
Judge grants gun permit after police chief says no

By Doug Ireland direland@eagletribune.com

NEWTON — The police chief has lost his battle to prevent a man who has had many run-ins with police from receiving a gun permit.

Although Chief Lawrence Streeter admits his own error helped Robert J. Ferrara Jr. receive a concealed weapons permit, he said yesterday it never should have been granted.

But Ferrara's lawyer disagrees, saying Streeter infringed on his client's constitutional rights.

The police chief said he made a mistake, overlooking a court hearing on Ferrara's request to receive the permit.

"Quite candidly, I screwed up," Streeter said. "But when I realized that, I filed for a motion of reconsideration. I thought the judge would hear it on its merits, but he chose not to."

Ferrara, 24, of 43 Country Road was granted a permit last month by Rockingham Superior Court Judge Kenneth McHugh.

But Streeter said Ferrara's lengthy criminal history proves it's not advisable for him to have a concealed weapon.

"It's just an accumulation of everything he's been involved in that made me question his (eligibility)," Streeter said.

Ferrara first sought a permit from the town in 2009, a request Streeter denied.

Last year, Streeter said Ferrara requested a permit again, but he denied that request Dec. 11.

But Ferrara's attorney, Evan Nappen of Concord, said the police chief never responded to his client's request for a permit.

New Hampshire law states gun permits must be issued or denied within 14 days after an application is filed.

Nappen said his client never received a response, prompting them to file a lawsuit against Streeter and the town Feb. 6.

Streeter and the town were served notice Feb. 14. A Superior Court hearing was scheduled for March 14, but no one from the town showed up.

McHugh granted the permit and awarded Ferrara compensation for legal fees he incurred. The compensation hasn't been determined, but Nappen estimated the town will have to pay "thousands" of dollars. Streeter disputed the amount, saying it would be much lower.

Streeter said his department's move to a new station and a busy Town Meeting season caused him to overlook the hearing. He also said his department was shorthanded.

He said he believed he had until April 3 to file "a notice of appearance" with the court.

"I missed a hearing because I had a lot going on," Streeter said. "It was my error."

The chief then asked the judge to reconsider his decision. To augment that request, he filed a list of nearly three dozen encounters Ferrara has had with Newton police since 2004.

"To me, it speaks for itself," Streeter said of the list.

Ferrara has been charged and convicted of numerous crimes in the past eight years, Streeter said.

The list, included in court documents, describes arrests for drug possession, simple assault, driving while intoxicated and driving with a suspended license, Streeter said.

But Streeter said that since Ferrara hasn't been convicted of a felony, he was granted a permit.

Streeter said Ferrara should not have been allowed to seek a permit after already being denied once.

"He really didn't have the right to apply again," Streeter said.

Nappen said Streeter had no right to reject Ferrara's request. He would not confirm his client had a criminal history.

"We dispute (Streeter's) allegation," Nappen said. "I don't have any comment on that record."
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Re: Superior Court Orders Newton NH Police Chief to Issue Gu

Postby SBinRockrimmon » Tue Apr 10, 2012 10:56 am

Interesting....I was wondering if there was more to the story. I was under the impression any drug possession conviction was a federal disqualifier to own firearms.
I predict future happiness for Americans if they can prevent the government from wasting the labors of the people under the pretense of taking care of them. - Thomas Jefferson

To compel a man to furnish contributions of money for the propagation of opinions which he disbelieves and abhors, is sinful and tyrannical. - Thomas Jefferson

Those who desire to give up freedom in order to gain security will not have, nor do they deserve, either one. - Benjamin Franklin
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Re: Superior Court Orders Newton NH Police Chief to Issue Gu

Postby SBinRockrimmon » Tue Apr 10, 2012 7:09 pm

The flip side is that the judge clearly doesn't seem to think this guy is the menace to society the Chief in Newton does. I'm a bit biased, but I don't have much faith in a Chief that has spent most of his career in MA. I'm sure he is collecting a good pension from the MA taxpayers.

http://newtonnhpd.com/chief.htm
Chief Larry Streeter has been a police officer since 1970. Following his honorable discharge from the U.S. Army, Larry worked for the Salisbury, MA Police Department as a patrolman from 1970 to 1976, and the Amesbury Police Department, where he rose to the rank of Sergeant, until 1989. In 1989, Larry returned to the Salisbury Police Department in the position of Chief, and he remained there until 2002, where he retired from the Massachusetts system after a distinguished career.

Chief Streeter was sworn in as Chief of the Newton Police Department in December of 2002. He completed the required Law Package at the 131st New Hampshire Police Academy in order to obtain his New Hampshire certification.


Something just doesn't seem right here. If Robert J. Ferrara Jr. was such a problem why wasn't a denial issued immediately? Streeter claims he had applied previously and was denied. One would think that denial was saved electronically and all that would need to be done is a simple date change.

The initial story claimed....
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.


If Robert J. Ferrara Jr. was a true concern it wouldn't take 73 days or numerous attempts to issue the denial. I also have to assume that Ferrara's attorney attempted to resolve the issue by contacting the Chief prior to bringing legal action forward. There is definitely still more to this story (perhaps on both sides). Clearly Attorney Evan Nappen provided enough evidence to Superior Court Judge McHugh to support his argument. Not only did the Judge side with Ferrara, but to also deny the Chief's request to reconsider his decision.


I also find this from the ET article of interest....
Ferrara, 24, of 43 Country Road was granted a permit last month by Rockingham Superior Court Judge Kenneth McHugh.

Ferrara has been charged and convicted of numerous crimes in the past eight years, Streeter said.


24-8=16 I wonder how many of these charges/convictions happened when Ferrara was a minor and perhaps was supposed to be contained in a "sealed" record.
I predict future happiness for Americans if they can prevent the government from wasting the labors of the people under the pretense of taking care of them. - Thomas Jefferson

To compel a man to furnish contributions of money for the propagation of opinions which he disbelieves and abhors, is sinful and tyrannical. - Thomas Jefferson

Those who desire to give up freedom in order to gain security will not have, nor do they deserve, either one. - Benjamin Franklin
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Re: Superior Court Orders Newton NH Police Chief to Issue Gu

Postby AlfredTwo » Mon May 21, 2012 1:11 pm

IT seems as if the chief basically didn't follow the law by rejecting the request without the time the law calls for. Had he done so the courts might have ruled differently. At least the person did not go to court the first time the permit was rejected.
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