[Posted October 14, 2009, at 7:25 p.m.] [Editor's note: Attorney Evan Nappen is the Corporate Counsel of Pro-Gun New Hampshire, Inc. Earl Sweeney, Assistant Commissioner of the New Hampshire Department of Safety, is a member of the Pro-Gun New Hampshire Council of Advisors.]
Due to a complaint filed by the Law Firm of E.F. Nappen, Attorney at Law, P.C. the New Hampshire Department of Safety has ordered an end to NICS checks prior to the return of confiscated firearms. According to the memo from Earl Sweeney, Assistant Commissioner, dated September 28th, 2009 (CLICK HERE to view memo), "Conducting NICS checks prior to returning confiscated firearms technically constitutes misuse of NICS and exceeds the authority granted to the Department of Safety by the NH Legislature. NICS checks can only be conducted for federally licensed importers, manufacturers, or dealers."
The complaint by the law firm was initiated after one of the
firm's clients was going to be subjected to a NICS check before the return of
firearms by the Manchester, NH Police Department. The law firm had also become
aware of improper Superior Court use of NICS checks before returning seized
firearms. Wrongful use of the State's Gun Line could potentially expose the
State to liability under the Code of Federal Rules promulgated by the U.S.
Justice Department, which authorizes a fine up to $10,000 and the ending of NICS
check capabilities.
This new order benefits both gun owners and the State
Gun Line. The Gun Line will no longer will be burdened with conducting
unauthorized NICS checks, thereby speeding up the processing time for lawful gun
purchasers. Additionally, citizens who are entitled to having their guns
returned will not be subjected to illegal NICS checks in which they could face
a wrongful denial of their rights.