Explore The NRA Universe Of Websites

APPEARS IN News

Court Invalidates a Permit Rule as Bogus: Agency Can’t Make Up New Requirements

Friday, June 10, 2016

Court Invalidates a Permit Rule as Bogus: Agency Can’t Make Up New Requirements

In a ruling released early this month, the New Hampshire Supreme Court determined that a license condition imposed by the state’s Department of Safety had no basis in law, and invalidated the requirement as executive overreach. New Hampshire allows nonresidents to apply for a concealed carry license. Starting in 2013, the administrative rules listing the application requirements state that the nonresident must provide proof of an existing “resident state license” to carry a concealed weapon to be eligible. Without this proof, a nonresident license will not be issued. New Hampshire’s actual licensing statute, however, lacks any reference to this requirement and requires, among other things, that the applicant be “a suitable person to be licensed.”

The plaintiffs, New Jersey resident Scott Bach (a member of the NRA Board of Directors) and the Association of New Jersey Rifle and Pistol Clubs, Inc., argued that this administrative “resident license” rule was unauthorized, invalid and unenforceable because it wasn’t based on state statute. For residents of some jurisdictions, like New Jersey, it is virtually impossible to obtain a resident license and consequently, to satisfy this “resident license” requirement. In addition, the plaintiffs argued that the administrative rules effectively imposed a higher standard than the “suitability” standard contained in the New Hampshire statute.

At first instance, the trial court disagreed, ruling that there was neither a state nor federal constitutional right to carry a loaded concealed weapon, and, even assuming that such a right existed, the administrative rules did not unreasonably infringe upon that right. A compelling interest in protecting the public was sufficient to justify the administrative rules. However, on appeal, the Supreme Court of New Hampshire reversed.

In evaluating the administrative rules, the court noted a legislature could delegate to administrative agencies the power to make rules and regulations necessary for the proper execution of the laws. However, this power was limited: the agency could “fill in the details” of the legislative scheme but could not add to, detract from, or modify the statute. While the state law did not define “suitable person,” it clearly lacked any requirement that nonresidents submit proof of their resident state licenses. 

By inventing this prerequisite, the administrative rules “effectively import into New Hampshire law requirements different from those set forth in” the statute. This administrative scheme could not be justified by pointing to a need for a nonresident applicant to supply proof of his or her suitability, because such information could be provided using other, equally sufficient, means. By effectively incorporating into New Hampshire’s concealed-carry licensing standards the requirements established by other states for the issuance of their licenses, the administrative rules impermissibly changed the statutory scheme adopted by the legislature. The challenged administrative rules were, as a result, invalid and unenforceable.

The decision is Bach v. New Hampshire Dept. of Safety, No. 2014–0721, 2016 WL 3086130 (N.H. June 2, 2016).

BY NRA-ILA Staff

TRENDING NOW
Nancy Pelosi: Pro-Gun Voters Made an Impact

News  

Monday, November 18, 2024

Nancy Pelosi: Pro-Gun Voters Made an Impact

Congratulations NRA members and other pro-gun voters! Once again, our votes helped make the difference.

Bloomberg’s Mayors, Back in the News!

News  

Monday, November 18, 2024

Bloomberg’s Mayors, Back in the News!

Just a few short weeks ago, we wrote about Michael Bloomberg’s controversy-dogged gun control organization, Mayors Against Illegal Guns (MAIG), and how another high-ranking member of the group had been indicted for allegedly committing serious ...

Make Crime Illegal Again

News  

Monday, November 18, 2024

Make Crime Illegal Again

While less prominent than the red sweep of the nation’s electoral map and the triumph of President Donald Trump, another telling development following the 2024 elections was the number of Californians in ultra-progressive strongholds who ...

Federal District Court Strikes Down IL’s “Assault Weapon” and “Large-Capacity Magazine” Bans in NRA-Supported Case

Saturday, November 9, 2024

Federal District Court Strikes Down IL’s “Assault Weapon” and “Large-Capacity Magazine” Bans in NRA-Supported Case

Today, the U.S. District Court for the Southern District of Illinois struck down provisions of the Protect Illinois Communities Act (PICA) that prohibit “assault weapons” and “large-capacity magazines” in an NRA-supported case, Barnett v. Raoul.

NRA Files Amicus Brief Arguing that Washington’s Magazine Ban Violates the Second Amendment

Friday, November 15, 2024

NRA Files Amicus Brief Arguing that Washington’s Magazine Ban Violates the Second Amendment

Today, NRA filed an amicus brief in the Supreme Court of the State of Washington in a challenge to Washington’s prohibition on magazines that hold over 10 rounds.

Michigan: Take Action Against "Gun-Free Zone" Bills Today!

Friday, November 15, 2024

Michigan: Take Action Against "Gun-Free Zone" Bills Today!

Yesterday, the Senate Committee on Civil Rights, Judiciary, and Public Safety SB 857 and SB 858 with amendments and the bills will now be eligible for votes on the Senate floor. Please use the take action button below and ...

Grassroots Spotlight: North Carolina Grassroots

Take Action  

Monday, November 18, 2024

Grassroots Spotlight: North Carolina Grassroots

The North Carolina NRA-ILA Grassroots Team recently held an NRA “Day of Action” event to coincide with the start of early voting in the Tarheel State, and to encourage our Second Amendment community to “Get Out and Vote”!

Michigan: House of Representatives to Take Important Vote on Anti-Gun Bills

Tuesday, November 12, 2024

Michigan: House of Representatives to Take Important Vote on Anti-Gun Bills

Tomorrow, the Michigan House of Representatives is expected to vote on two packages of anti-gun bills. Use the take action button below to contact your Representative and urge them to oppose these anti-gun bills!  

PREFILING OF LEGISLATION BEGINS IN TEXAS FOR THE 2025 SESSION

Friday, November 15, 2024

PREFILING OF LEGISLATION BEGINS IN TEXAS FOR THE 2025 SESSION

Prefiling of legislation for the 2025 Regular Session of the Texas Legislature began on Tuesday.  Within the first three days, more than 75 firearm-related bills had been filed, the majority of which were anti-gun measures ...

Michigan: Senate Committee to Vote on Expanding Gun-Free Zones

Tuesday, November 12, 2024

Michigan: Senate Committee to Vote on Expanding Gun-Free Zones

Tomorrow, the Senate Committee on Civil Rights, Judiciary, and Public Safety will take up SB 857 and SB 858. These bills would dramatically expand “gun-free zones” in the state and drastically limit where those with a concealed pistol ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.