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Thread: How CAN I open carry in my vehicle?

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    How CAN I open carry in my vehicle?

    New here. Jutst bought my first pistol the other day... Turned in my application for a Concealed Carry License at my local PD today. I asked the lady at the desk, but she didn't give me much of an answer, and all the policemen were having a pizza party. Before I get my License, how CAN I carry my pistol in my vehicle? I know it can't be loaded, but anything else in particular?

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    Regular Member Motofixxer's Avatar
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    You have to research your local statutes regarding transporting firearms. Nobody has any idea what your local statutes are, if you don't state it anywhere.

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    As you already know, it can not be loaded and must not be concealed, without a license. Other then that, you can do with it as you wish.

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    Quote Originally Posted by nhsig220 View Post
    As you already know, it can not be loaded and must not be concealed, without a license. Other then that, you can do with it as you wish.
    I believe the clip or ammo needs to be out of arms reach. Could be mistaking though someone care to comment.

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    Quote Originally Posted by jonjon_jon View Post
    I believe the clip or ammo needs to be out of arms reach. Could be mistaking though someone care to comment.
    Nope. Incorrect. No provisions under the RSA's require that. It simply must be unloaded. Nothing more, nothing less. Don't try reading more into it then there really is.

    So, unload it and throw it on your front seat.
    Last edited by nhsig220; 07-22-2010 at 02:19 PM.

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    Quote Originally Posted by Motofixxer View Post
    You have to research your local statutes regarding transporting firearms. Nobody has any idea what your local statutes are, if you don't state it anywhere.
    No. NH has preemption.

    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.
    Transporting without a license...

    159:4 Carrying Without License. No person shall carry a loaded pistol or revolver in any vehicle or concealed upon his person, except in his dwelling, house or place of business, without a valid license therefor as hereinafter provided. A loaded pistol or revolver shall include any pistol or revolver with a magazine, cylinder, chamber or clip in which there are loaded cartridges. Whoever violates the provisions of this section shall, for the first such offense, be guilty of a misdemeanor. For the second and for each subsequent violation of the provisions of this section, such person shall be guilty of a class B felony, provided such second or subsequent violation has occurred within 7 years of the previous conviction.

    and It's a License to Carry not a Concealed Carry Permit.

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    Thanks

    Thank you everyone, good thing my daycare lady's husband is a police chief. I got advice from him. Couple things I want to say though.

    Motofixxer- Way to be kinda rude to someone who's a new comer. And if you were opening your eyes, you would have seen that I posted this on the NEW HAMPSHIRE threads, and also under EVERYONE's name, it states where they are from. Jeez.

    nhsig220 and jonjon_jon- Thanks for the advice guys! It helps having others opinions and research concluding my own!!! I knew you couldn't have it loaded in the vehicle without the Pistol License... I just didn't know if there was anything else. Other states you have to have it locked up in the trunk, or not have the clip loaded, or not have the ammo within reach of the pistol... I didn't know what else NH had...

    mrjam2jab- Thank you for posting info! And I know it's not called a License to Carry Concealed (the police chief I spoke about earlier informed me of this) it's also not called a License to Carry either. In NH it's simply a Pistol/Revolver License, yet without it, you can't do certain things with your pistol, IE, have it in your vehicle loaded, or have it on your person concealed. NH DOES however have an open carry law, and you can openly carry without a License.

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    Quote Originally Posted by LilRedMeanie View Post
    Thank you everyone, good thing my daycare lady's husband is a police chief. I got advice from him. Couple things I want to say though.

    Motofixxer- Way to be kinda rude to someone who's a new comer. And if you were opening your eyes, you would have seen that I posted this on the NEW HAMPSHIRE threads, and also under EVERYONE's name, it states where they are from. Jeez.

    nhsig220 and jonjon_jon- Thanks for the advice guys! It helps having others opinions and research concluding my own!!! I knew you couldn't have it loaded in the vehicle without the Pistol License... I just didn't know if there was anything else. Other states you have to have it locked up in the trunk, or not have the clip loaded, or not have the ammo within reach of the pistol... I didn't know what else NH had...

    mrjam2jab- Thank you for posting info! And I know it's not called a License to Carry Concealed (the police chief I spoke about earlier informed me of this) it's also not called a License to Carry either. In NH it's simply a Pistol/Revolver License, yet without it, you can't do certain things with your pistol, IE, have it in your vehicle loaded, or have it on your person concealed. NH DOES however have an open carry law, and you can openly carry without a License.
    I do not think that was his intent to come off as rude. Some times people come off the wrong way on a internet forum and with out hearing the tone of their voice or seeing their face. We really have no way of knowing how they meant the comment. Anyway how are things up in Enfield does the police chief follow state law when making you apply for your permit? Does he ask you to fill out any other forums? Does he ask to take a photo of you? Ask for phone numbers of your references? Give you some line of BS that your permit will not be approved till they hear back from all of your references? As I'm sure you already know state law says he has TEN DAYS to approve or not approve your permit.

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    lilredMeanie welcome from your neighbor in Lebanon. I wanted to let you know I have been living in New Hampshire since November of last year I open carry every where I go, and have never had any problems. Except for when I open carried in my bank it ended positive and you can read the post under "It was bound to happen sooner or later". So enjoy and carry on.

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    Regular Member Motofixxer's Avatar
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    LilRedMeanie- When I posted there was no location listed under your name. So you either added after I said something, or it just didn't show up for some reason. I did look for an exact location! I mentioned local statutes meaning city and state. Some vary, and you want to be knowledgeable on both. Whether they are constitutional or not makes no difference on their enforcement many times. If they are on the books some locations can and may enforce them. It's important to know all of them.
    If you think that was a rude comment then, I'm sorry it wasn't my intent and you need some thicker skin to be on forums. I can't convey they other 80% of my nonverbal communication through my typed words without posting novels. None of us have time for that.

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    1) Make sure your chamber is empty.
    2) There is currently a case were a guy had his loaded magazine on his passenger seat and pistol on his hip. He's being charged with a loaded firearm without a license in a car.

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    It's been awhile

    Been busy with life!

    Motofixxer-Apparently I misread your reply and took it as offensive, Sorry! Like someone on this thread said, it's easy to do that online without seeing the non-verbal part of the communication process.

    Jay- Hey neighbor! I open carry EVERYWHERE. You just never know when you will need your gun, and chances are when you'll need it is when you left it in your car or your house. Funny, my boyfriend and I just had a fight about this yesterday as he didn't want me to open carry into Walmart. He thought it might upset people. I told him to drop me off at my car and I would go alone, and I did, and no one seemed a bit bothered. I open carry into my bank (citizens bank on the lebanon green) and they didn't care either! I know my rights and I will exercise them! I did read your post about the trouble I think Lake Sunapee bank gave you? How assinine. So you don't open carry in there anymore?? I thought the manager gave you an apology and said it was ok?

    NewHampshireNative- Enfield Police are dicking me around, I just called them yesterday and still no answers. Years ago I was arrested for simple assault but never charged with it and they said they needed to look into that and it would take longer than the 14 day limit. It's been almost a month now and I'm starting to get really agitated with them. Hell, the state let me buy the gun, all they did was call the court house and settle the records and I was cleared by NICS to buy it, so why is this taking so long?!

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    Quote Originally Posted by LilRedMeanie View Post
    Been busy with life!

    Motofixxer-Apparently I misread your reply and took it as offensive, Sorry! Like someone on this thread said, it's easy to do that online without seeing the non-verbal part of the communication process.

    Jay- Hey neighbor! I open carry EVERYWHERE. You just never know when you will need your gun, and chances are when you'll need it is when you left it in your car or your house. Funny, my boyfriend and I just had a fight about this yesterday as he didn't want me to open carry into Walmart. He thought it might upset people. I told him to drop me off at my car and I would go alone, and I did, and no one seemed a bit bothered. I open carry into my bank (citizens bank on the lebanon green) and they didn't care either! I know my rights and I will exercise them! I did read your post about the trouble I think Lake Sunapee bank gave you? How assinine. So you don't open carry in there anymore?? I thought the manager gave you an apology and said it was ok?

    NewHampshireNative- Enfield Police are dicking me around, I just called them yesterday and still no answers. Years ago I was arrested for simple assault but never charged with it and they said they needed to look into that and it would take longer than the 14 day limit. It's been almost a month now and I'm starting to get really agitated with them. Hell, the state let me buy the gun, all they did was call the court house and settle the records and I was cleared by NICS to buy it, so why is this taking so long?!

    Again I'm no lawyer but as I understand the law the way it's written is they the set amount of time to approve or deny. What did you fill out when you applied for it? Just the State of NH permit application with the state seal right? They did not hand you a another piece of paper that asked for references names and address's? Some departments try and pull that crap when the fact of the matter is the references part is already on the STATE application.

    159:6-f Remedies.
    I. If any licensing entity or employee or member of the city council or board of selectmen, in violation of the provisions of this chapter, refuses to comply with this chapter, such entity or person shall be liable for reasonable attorney's fees and costs incurred in a lawsuit under this chapter to enforce the terms of this chapter, provided that the court finds that such lawsuit was necessary in order to obtain compliance with this chapter by the licensing authority. Fees shall not be awarded unless the court finds that the entity or person knew or should have known that the conduct engaged in was a violation of this chapter or when the parties, by agreement, provide that no such fees shall be paid. In any case in which fees are awarded under this chapter, upon a finding that an employee, or other official of a licensing entity has acted in bad faith in refusing to comply with this chapter, the court may award such fees personally against such employee or other official.
    II. The court may invalidate an action of a licensing entity taken in violation of the provisions of this chapter, if the circumstances justify such invalidation, and may require the licensing entity to issue a license or otherwise comply with the provisions of this chapter.
    III. In addition to any other relief awarded pursuant to this chapter, the court may issue an order to enjoin future violations of this chapter

    Can use that because they are not complying with the law (RSA 156-6) "The license shall be issued within 14 days after application, and, if such application is denied, the reason for such denial shall be stated in writing, the original of which such writing shall be delivered to the applicant, and a copy kept in the office of the person to whom the application was made."

    If they come back and deny it you can then use this.

    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

    Also give this Attorney a call she is great and will talk with you for free and let you know what you should/can do. She is a firearms attorney and knows what she is talking about I have called her from time to time asking for information. Contact information is Penny S. Dean Attorney at law 603-230-9999 penny@pennydean.com. She will also send you some of her cards that on the back have a Non-Waiver of 4th,5th,6th&14th Amendment rights. Here is what the card says.

    "I do not waive any Constitutional rights. I hereby invoke my rights as guaranteed by the 4th,5ht,6th& 14th Amendments to the U.S Constitution and parallel state law protections. I do not consent to a search of my person,belongings,home or car. I do not consent to any further detention of my person,belongings or car. AM I FREE TO GO NOW? If not,why not? If not, I hereby invoke my 4th Amendment right to refuse permission to search (do not resist physically), 6th Amendment right to an attorney as well as my 5th Amendment right to remain silent. I will therefore remain silent until an attorney is provided."

    Also important to note that due to the new ruling by the supreme court in order to invoke your right to remain silent you must tell the police you are invoking that right. Just remaining silent will no longer invoke that right you also under that same ruling only have the right to a attorney 14 days after being released from custody.
    Last edited by NewHampshireNative2005; 08-07-2010 at 07:59 PM.

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    Quote Originally Posted by NewHampshireNative2005 View Post
    Again I'm no lawyer but as I understand the law the way it's written is they the set amount of time to approve or deny. What did you fill out when you applied for it? Just the State of NH permit application with the state seal right? They did not hand you a another piece of paper that asked for references names and address's? Some departments try and pull that crap when the fact of the matter is the references part is already on the STATE application.

    159:6-f Remedies.
    I. If any licensing entity or employee or member of the city council or board of selectmen, in violation of the provisions of this chapter, refuses to comply with this chapter, such entity or person shall be liable for reasonable attorney's fees and costs incurred in a lawsuit under this chapter to enforce the terms of this chapter, provided that the court finds that such lawsuit was necessary in order to obtain compliance with this chapter by the licensing authority. Fees shall not be awarded unless the court finds that the entity or person knew or should have known that the conduct engaged in was a violation of this chapter or when the parties, by agreement, provide that no such fees shall be paid. In any case in which fees are awarded under this chapter, upon a finding that an employee, or other official of a licensing entity has acted in bad faith in refusing to comply with this chapter, the court may award such fees personally against such employee or other official.
    II. The court may invalidate an action of a licensing entity taken in violation of the provisions of this chapter, if the circumstances justify such invalidation, and may require the licensing entity to issue a license or otherwise comply with the provisions of this chapter.
    III. In addition to any other relief awarded pursuant to this chapter, the court may issue an order to enjoin future violations of this chapter

    Can use that because they are not complying with the law (RSA 156-6) "The license shall be issued within 14 days after application, and, if such application is denied, the reason for such denial shall be stated in writing, the original of which such writing shall be delivered to the applicant, and a copy kept in the office of the person to whom the application was made."

    If they come back and deny it you can then use this.

    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

    Also give this Attorney a call she is great and will talk with you for free and let you know what you should/can do. She is a firearms attorney and knows what she is talking about I have called her from time to time asking for information. Contact information is Penny S. Dean Attorney at law 603-230-9999 begin_of_the_skype_highlighting**************603-230-9999******end_of_the_skype_highlighting penny@pennydean.com. She will also send you some of her cards that on the back have a Non-Waiver of 4th,5th,6th&14th Amendment rights. Here is what the card says.

    "I do not waive any Constitutional rights. I hereby invoke my rights as guaranteed by the 4th,5ht,6th& 14th Amendments to the U.S Constitution and parallel state law protections. I do not consent to a search of my person,belongings,home or car. I do not consent to any further detention of my person,belongings or car. AM I FREE TO GO NOW? If not,why not? If not, I hereby invoke my 4th Amendment right to refuse permission to search (do not resist physically), 6th Amendment right to an attorney as well as my 5th Amendment right to remain silent. I will therefore remain silent until an attorney is provided."

    Also important to note that due to the new ruling by the supreme court in order to invoke your right to remain silent you must tell the police you are invoking that right. Just remaining silent will no longer invoke that right you also under that same ruling only have the right to a attorney 14 days after being released from custody.




    I applied for the license the day after I bought my pistol. I filled out just the application, no other things were asked for except a copy of my NH drivers license (maybe cuz I'm new to the state?). A few days later an officer (NOT the chief) called me in for questioning about my application. He asked me questions like I had I ever been arrested, what were the charges, what happened and when and where. I told him everything about my background and he then told me because I was "red flagged" on my background check is why he called me in. I was arrested years ago for a simple assault but never charged with it. So he said he would have to look into it and get the actual court documents from the whole thing (which took place in Vermont) and that it would take longer than the stated 14 days. I haven't heard from anyone since. I put in a call to the officer on friday morning, still haven't heard from anyone.

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    Quote Originally Posted by LilRedMeanie View Post
    I applied for the license the day after I bought my pistol. I filled out just the application, no other things were asked for except a copy of my NH drivers license (maybe cuz I'm new to the state?). A few days later an officer (NOT the chief) called me in for questioning about my application. He asked me questions like I had I ever been arrested, what were the charges, what happened and when and where. I told him everything about my background and he then told me because I was "red flagged" on my background check is why he called me in. I was arrested years ago for a simple assault but never charged with it. So he said he would have to look into it and get the actual court documents from the whole thing (which took place in Vermont) and that it would take longer than the stated 14 days. I haven't heard from anyone since. I put in a call to the officer on friday morning, still haven't heard from anyone.
    Again Penny Dean would know for sure but the way I read the law is by asking for your DL they broke the state law. As it's written RSA 156:6 " II. No photograph or fingerprint shall be required or used as a basis to grant, deny, or renew a license to carry for a resident or nonresident, unless requested by the applicant". Their would be no reason for them to ask for your DL becasue "your new to the state". If you have lived here long enough to buy a handgun in this state then you should be fine. What I did with my permit at the claremont Pd was called about everyother day I had mine in about seven days. But again for the most part Claremont PD follows the laws and is nice around the whole permit thing. I would do two things first I would call Penny Dean and talk with her about whats going on and second I would call the PD everyday sometimes twice aday. If they keep telling you that you have to speak with that one officer fill that SOB voice mail box up! He may start to get the point that avoiding you will only make you call more and or show up at the PD more.

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    Quote Originally Posted by NewHampshireNative2005 View Post
    Again Penny Dean would know for sure but the way I read the law is by asking for your DL they broke the state law. As it's written RSA 156:6 " II. No photograph or fingerprint shall be required or used as a basis to grant, deny, or renew a license to carry for a resident or nonresident, unless requested by the applicant". Their would be no reason for them to ask for your DL becasue "your new to the state". If you have lived here long enough to buy a handgun in this state then you should be fine. What I did with my permit at the claremont Pd was called about everyother day I had mine in about seven days. But again for the most part Claremont PD follows the laws and is nice around the whole permit thing. I would do two things first I would call Penny Dean and talk with her about whats going on and second I would call the PD everyday sometimes twice aday. If they keep telling you that you have to speak with that one officer fill that SOB voice mail box up! He may start to get the point that avoiding you will only make you call more and or show up at the PD more.



    I finally heard back from him today after calling and leaving ANOTHER message for him. The secretary I spoke to this morning said that my license is in the final stages? Dunno what that means. Then the officer calls me back in the afternoon and tells me he still hasn't heard back from Barre VT PD (which is where I was arrested with a crime but never ended up being charged with it). This is ********.

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    Quote Originally Posted by LilRedMeanie View Post
    I finally heard back from him today after calling and leaving ANOTHER message for him. The secretary I spoke to this morning said that my license is in the final stages? Dunno what that means. Then the officer calls me back in the afternoon and tells me he still hasn't heard back from Barre VT PD (which is where I was arrested with a crime but never ended up being charged with it). This is ********.
    Did you live in Vermont or you just happened to be arrested in VT? I was born in Berlin and raised in Montpelier I know Barre vary well ( it's kinda of a crap hole). What Barre are you talking about Barre City or Barre Town? They are right next to each other and each have their own PD's. I would call Barre my self and tell them whats going on give them your information and ask them to fax the said information over to you that Enfield is waiting on. As I said before call them and keep calling them till they say your permit is ready or that they have denied you. They will get sick of you calling and move faster.

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    Quote Originally Posted by NewHampshireNative2005 View Post
    Did you live in Vermont or you just happened to be arrested in VT? I was born in Berlin and raised in Montpelier I know Barre vary well ( it's kinda of a crap hole). What Barre are you talking about Barre City or Barre Town? They are right next to each other and each have their own PD's. I would call Barre my self and tell them whats going on give them your information and ask them to fax the said information over to you that Enfield is waiting on. As I said before call them and keep calling them till they say your permit is ready or that they have denied you. They will get sick of you calling and move faster.


    I used to live in Vermont. Randolph then Barre for awhile, and I agree, what a crap hole lol. It was Barre City. NICS had NO problem clearing the confusion up when I bought my gun, only took a few days (I went in on a thursday, got delayed, got cleared on monday). So why the heck would it take now 3 weeks for the license? Grrr.

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    Quote Originally Posted by LilRedMeanie View Post
    So you don't open carry in there anymore?? I thought the manager gave you an apology and said it was ok?

    I do open carry into lake sunapee since the manjor clarified that I was aloud to.


    Also R159 states they have to approve you or deny you within 14 days. It doesn't matter if you were red flagged for sh*t the law is the law. March down there with the statue and hand it to them, and ask for your license or denial letter. If you do not get either one right then and there contact an attorney. Until you stand up for your rights Enfield PD will manipulate the situation and that is Bull Sh*t!!!!

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    Quote Originally Posted by Jay View Post
    I do open carry into lake sunapee since the manjor clarified that I was aloud to.


    Also R159 states they have to approve you or deny you within 14 days. It doesn't matter if you were red flagged for sh*t the law is the law. March down there with the statue and hand it to them, and ask for your license or denial letter. If you do not get either one right then and there contact an attorney. Until you stand up for your rights Enfield PD will manipulate the situation and that is Bull Sh*t!!!!

    Even if the officer specifically stated it would take longer than the 14 days because of research and paperwork they had to do??

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    Quote Originally Posted by LilRedMeanie View Post
    Even if the officer specifically stated it would take longer than the 14 days because of research and paperwork they had to do??
    Does NOT mean ****.

    He is REQUIRED by state law to issue or deny within 14 days. No if's, and's or but's about it. Go there and demand either a license or deny letter then and there. If he doesn't comply, tell him in clear, plain english, that the town, the department and himself personally will be sued. Then, use your cell phone and call your lawyer, then and there.

    It is about time people stop taking crap from underhanded police departments, who refuse to follow the law.

    14 days is 14 days. Don't care what in the hell he says.

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    Quote Originally Posted by nhsig220 View Post
    Does NOT mean ****.

    He is REQUIRED by state law to issue or deny within 14 days. No if's, and's or but's about it. Go there and demand either a license or deny letter then and there. If he doesn't comply, tell him in clear, plain english, that the town, the department and himself personally will be sued. Then, use your cell phone and call your lawyer, then and there.

    It is about time people stop taking crap from underhanded police departments, who refuse to follow the law.

    14 days is 14 days. Don't care what in the hell he says.

    Well, my persistence paid off. I was issued my license this morning

    He did say that he didn't hear back from Barre VT PD yet though and if he did and they gave him any "disqualifying information" that they would annul my license.

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    Quote Originally Posted by LilRedMeanie View Post
    Well, my persistence paid off. I was issued my license this morning

    He did say that he didn't hear back from Barre VT PD yet though and if he did and they gave him any "disqualifying information" that they would annul my license.

    CONGRATS!!!!! and don't worry about it if you were charged and never convicted there is no disqualifier as far as New Hampshire is concerned

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