Legally Stoned on Pot - No Problem, here is your carry license

[ANGLICO]

Pro-Gun New Hampshire General Counsel, attorney Evan Nappen, has won a significant court case involving concealed carry licensing in New Hampshire. His client was denied a NH non-resident carry license solely due to a 34 year old misdemeanor marijuana conviction received when he was 18 years old. The State was stubbornly enforcing their administrative rule (which, by the way, has no basis in law) that makes any misdemeanor conviction for drugs an automatic denial.

..... Snip......


Now, attorney Nappen has won an important court case that stands for two legal issues regarding concealed carry licensing in New Hampshire. Quoting the judge’s decision: first, that “there does not appear to be any articulable, legitimate reason for the disparate treatment of residents and non-residents”; second, that “the provision precluding the issuance of a pistol permit [sic*] for an out of state resident based upon a misdemeanor drug conviction is unreasonable on its face.”

Put these two elements together, and you have a judicial precedent (though not binding on other courts) that can be used in other, future appeals of NH licensing denials, for both residents and non-residents, that a misdemeanor drug conviction should no longer be used as an automatic basis for denying concealed carry licenses. Given how often NH police and courts deny licenses because of such misdemeanor convictions, this precedent will prove to be instructive.

We believe that this is a step toward defining the “suitable person” language in the state’s carry licensing law to mean that anyone who isn’t prohibited by law from possessing a gun shouldn’t be prohibited from concealed carry.


Read the rest: Big win for carry licensing

[DefensiveCarry.com]

[CaveJohnson]

The fact that misdemeanor drug charges can ban you from student loans and gun licenses is nuts to me.

I need to move to New Hampshire, this just re-affirms it. The title is misleading as the case in the story was decades old.

[OldVet]

A judge and attorney with their heads on straight? I reccommend nomination for the SCOTUS!

[oneshot]

At face value this is common sense .

The guy was 18 when it happened, and if his record has been satisfactory since, this is the correct thing to do.

[CaveJohnson]

At face value this is common sense .

The guy was 18 when it happened, and if his record has been satisfactory since, this is the correct thing to do.

I don't think it should matter if it was a day earlier, but that's just me. The ATF will revoke your carry license if you get medical marijuana, all because of hundred year old propaganda people still believe. It's crazy.

It's like saying "You drink on Saturday, you can't have your carry license" or something. It's nuts to me.

[OldVet]

I don't think it should matter if it was a day earlier, but that's just me. The ATF will revoke your carry license if you get medical marijuana, all because of hundred year old propaganda people still believe. It's crazy.

My license was not issued by the ATF. The state of FL might revoke it, but since there's no "medical" marijuana here it's a moot point.

Any California takers on CC permits and medical MJ?

[Badey]

They may not take your permit, but they think you should not be able to purchase a gun if you are a medical marijuana user.

http://www.atf.gov/press/releases/20...l-purposes.pdf

Get a Medical Marijuana Card, Lose Your Second Amendment Rights - Reason.com

DOJ Gives ATF Orders To commit Civil Forfeiture Against Medical Marijuana Gun Owners | Real News Reporter

[BigJon10125]

AS it is a federal thing you might get into trouble with the application or Dros form. It seems to come down to semantics. Seem to remember a part about illegal drugs. Would that be federally illegal or locally (state) illegal. Not a game I want to play, or a lie I would want to be given the opportunity to make on a form.

I am sure that we will see this come full circle as more states are realizing the Medical (and tax!) value of marijuana. Heck I am surprised everything isn't legal here for as bad as we are economically. Government loves their tax money!

[CaveJohnson]

My license was not issued by the ATF. The state of FL might revoke it, but since there's no "medical" marijuana here it's a moot point.

Any California takers on CC permits and medical MJ?

Don't matter, they'll come for you.

Know what that does? Keeps the black market alive. Gun owning people who use medical MJ will just continue buying illegally.

[DPro.40]

What 18 year old hasn't done stupid stuff. Man...if that's the case I'd have been thrown out of the country. Common sense to the forefront. Thanks Judge.

[dukalmighty]

Actually one question on the 4473 is something to the effect "are you the unlawful user of,or addicted to marijuana etc." since the Feds don't recognize medical marijuana,and the fact that if you smoke pot every day chances are you are addicted,then if you answer NO on the question you just lied on a Federal Firearms form,if you answer yes then your not gonna get the gun since the Dealer is gonna tell you ain't no way in hell your getting a gun

[DPro.40]

Actually one question on the 4473 is something to the effect "are you the unlawful user of,or addicted to marijuana etc." since the Feds don't recognize medical marijuana,and the fact that if you smoke pot every day chances are you are addicted,then if you answer NO on the question you just lied on a Federal Firearms form,if you answer yes then your not gonna get the gun since the Dealer is gonna tell you ain't no way in hell your getting a gun

True, but most stoners need to buy dope rather than a gun. If they had a gun before they became a stoner they probably pawned it to get high. I don't know how much a bag of pot is but I do know how much my sweet Sig was and I don't think a stoner could afford one.

[CaveJohnson]

True, but most stoners need to buy dope rather than a gun. If they had a gun before they became a stoner they probably pawned it to get high. I don't know how much a bag of pot is but I do know how much my sweet Sig was and I don't think a stoner could afford one.

You'd be surprised, many daily smokers aren't "stoners" in the stereotypical sense.

As for marijuana addiction, not so much. It's really only mentally addicting like television is.

[BigStick]

You guys want to give guns to drug dealers!!!??? How could you? You want those drug dealers to kill babies with those guns!

Sorry, just had to throw out the probable response of the Brady Bunch. We know they will probably say something to that effect.

It sounds sketchy to be supporting druggies to get guns, but I do understand the sentiment being expressed so far. This guy may be a good exapmle of how one mistake should not destroy the rest of your life, but I am wary of who all might try to take advantage of the president.

[suntzu]

True, but most stoners need to buy dope rather than a gun. If they had a gun before they became a stoner they probably pawned it to get high. I don't know how much a bag of pot is but I do know how much my sweet Sig was and I don't think a stoner could afford one.

Yeah, and alcoholics don't psend their paycheck on booze.....................so after years of drinking their brain is so re-wired they act differently than as they did before drinking. And they can afford guns and can carry during their brief moments of sobriety....