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Thread: VA license upheld in non-reciprocal state (NH)?

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    In a thread in the New Hampshire forum, we have a final outcome of the case against Bill Walker.

    Bill was charged with carrying two concealed handguns, when in fact he was open carrying. He has a Virginia CCW, but doesn't have a NH Pistol & Revolver License. NH requires a license to carry a loaded handgun in a car, whether open or concealed.

    Bill was also charged with a number of vehicle charges that amounted to stacking charges. All of those were dropped, too.

    Anyway, the outcome of the case ("Evan" is gun rights attorney Evan Nappen):

    ivyleague28477 writes:
    Hi all.

    So, to update everyone on what happened today:

    About a week and a half ago, Evan filed a motion to dismiss both of the conceal carry charges against Bill, on the basis that he has a valid and current Virginia conceal carry license, which (in VA) is issued by the courts. The argument was that, because it is a court issued document, NH should recognize it under the full faith and credit clause.

    Last week the prosecutor came at us with a deal: he would drop all the charges except one of the conceal carry charges, which he would drop to a Class B misdemeanor.

    Bill and I said no deal. We didn't want any gun-related charges on his record period. Evan was told no deal and he prepared for trial today.

    So we arrived today ready to fight. The prosecutor and Evan chatted back and forth a few times. Eventually, there was a proposal whereby Bill would agree to not contest (plead "nolo contendre") a charge of class b misdemeanor disorderly conduct. This charge would hold a fine of $500, $200 to be paid today and $300 suspended for 1 year. In exchange, the prosecutor would drop both charges of conceal carrying without a license, would drop the charge of misuse of plates, and would allow for a "no finding" for one year the driving after suspension or revocation charge.

    We have to get back over to the court sometime today to pay the $200, but otherwise we are good to go.


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    Moderator / Administrator Grapeshot's Avatar
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    A good ending to a very sticky wicket.

    Yata hey
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Regular Member virginiatuck's Avatar
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    VA license upheld in non-reciprocal state (NH)?
    According to the posted information, the VA license was not upheld by the court. This was a plea bargain that resulted in the concealed weapons charge(s) being dropped.

    Nevertheless, I'm happy for Bill of the outcome. If I were in his shoes, I probably would have done the same thing.

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    virginiatuck wrote:
    VA license upheld in non-reciprocal state (NH)?
    According to the posted information, the VA license was not upheld by the court. This was a plea bargain that resulted in the concealed weapons charge(s) being dropped.
    It's true there wasn't a court ruling on the validity of the license; that's why I explained what they intended to argue (that as a court-issued document, a Virginia CCW is covered under FF&C).

    I don't think it's fair to characterize this as a plea bargain. Considering what he was originally charged with, and what it all could have added up to, nolo contendre on a single disorderly charge and a fine of $200 is the closest thing to outright acquittal.



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    KBCraig wrote:
    virginiatuck wrote:
    VA license upheld in non-reciprocal state (NH)?
    According to the posted information, the VA license was not upheld by the court. This was a plea bargain that resulted in the concealed weapons charge(s) being dropped.
    It's true there wasn't a court ruling on the validity of the license; that's why I explained what they intended to argue (that as a court-issued document, a Virginia CCW is covered under FF&C).

    I don't think it's fair to characterize this as a plea bargain. Considering what he was originally charged with, and what it all could have added up to, nolo contendre on a single disorderly charge and a fine of $200 is the closest thing to outright acquittal.

    Also, the thread title is worded as a question. Although that is a little bit of a weak argument.

    Perhaps a better thread title would have been, "Did a Judge in Non-reciprocal State Recognize VA's CHP?"

    It occurs to me that one of the reasons for the government to press hardmight include wanting to avoid having to officially recognize VA's CHP. What a mess that might make in the jurisdiction of that particular court, no?

    "VA CHPs are recognized in the town of ______, New Hampshire."

    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

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    Grapeshot wrote:
    A good ending to a very sticky wicket.

    Yata hey
    Do you mix yoursmokeless and black powders the same way you mix metaphors?

    Just asking because I don't wanna be around for any kaBOOMs.





    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

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    Moderator / Administrator Grapeshot's Avatar
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    Citizen wrote:
    Grapeshot wrote:
    A good ending to a very sticky wicket.

    Yata hey
    Do you mix yoursmokeless and black powders the same way you mix metaphors?

    Just asking because I don't wanna be around for any kaBOOMs.

    No - at the same time as I mix salt peter and charcoal and in the same manner - for the effect. Remember that there is no clean end to a sticky wicket.

    Yata hey
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Don't rely on that kind of thing. The prosecutor caved because it was going to be too much work and too expensive to try the case. That's the value of having a good attorney. If you go into court with a defense like that, on your own, the prosecutor will probably laugh at you, tell you to take your best shot, etc.
    Daniel L. Hawes - 540 347 2430 - HTTP://www.VirginiaLegalDefense.com

    By the way, nothing I say on this website as "user" should be taken as either advertising for attorney services or legal advice, merely personal opinion. Everyone having a question regarding the application of law to the facts of their situation should seek the advice of an attorney competent in the subject matter of the issues presented and licensed to practice in the relevant state.

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