SHOCK! Judge Burke Upholds KPD Decision: “Unsuitable” to Concealed Carry

burkeLocal government bureaucrats in Keene are infringing on my right to bear arms.

In July I applied for a concealed carry license. One man, Ken Meola, denied it. I appealed, and this week the news came back: Judge Burke denied my appeal.

Judge Burke’s decision means that while it is perfectly legal for me to carry a firearm openly, it is a crime for me to conceal that firearm, for example by putting on a winter jacket.

The next step is to move on to the State Supreme Court. I haven’t decided whether or not I’m going to do that, but I’ll give another update when I speak with my attorney.

I’m disappointed about this decision, but I’m not surprised. The State is a many-tentacled beast, and the different facets of it protect each other. First the legislators did their part by camouflaging a restriction as a right: they call NH “shall issue” but ultimately leave the power of permission to one man working for the police. Then the police did their part to deny my rights, essentially arguing that they are restricting my freedoms because I don’t respect them. Finally, appeals are made to lawyers who also work for the State.

For those who missed it, here is a link to video of the full hearing.

Read Burke’s decision here. (PDF)

Read the Google Doc Version

Darryl W Perry Released from Jail

Darryl_Retreat

Darryl, Outside the Keene Spiritual Retreat

Darryl W Perry walked into the Cheshire County House of Corrections this Friday. He walked out today, Monday. However, according to Mr Perry, he was not corrected.

Darryl was sentenced $163 in fines for the offenses of “Residency” and “Operating a Vehicle That is Not Registered”. What that means in plain English is that Darryl has a valid driver’s license in Arizona, but the State of New Hampshire alleges that Darryl is a resident of New Hampshire and must change his license over to New Hampshire.

New Hampshire law specifies that an inhabitant is not necessarily a resident, and Darryl asserts that he is not a resident. Therefore, he is not required to apply for a new license. Even if he wanted to, Darryl points out that he lacks the documents the State needs to prove residency. Even if he were able to acquire the forms and signatures necessary, he still wouldn’t be granted a new license because he has a warrant out of South Carolina (also for victimless crimes).

Darryl kept his spirits high throughout the experience. He had a celebratory lunch before going in and plans to have a celebratory supper now that he is out. Darryl produces a daily podcast and content at http://FPP.cc

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2015 City Council Candidate Fails At Achieving Stalking Order Against FK’s Garret Ean

Bradford "King of Keene" Hutchingson

Bradford “King of Keene” Hutchingson

Bradford Hutchingson, who has been known to call himself “King of Keene” in this blog’s comments, recently filed for a stalking order to be issued against Free Keene blogger Garret Ean. Hutchingson is known for his bizarre and sometimes dangerous
behavior.  In fact, Hutchingson is facing criminal charges for an alleged attack on Garret Ean and will soon be back in superior court for a jury trial in that matter.  Hutchingson is also the only city council candidate who did worse than me in the election of 2013.

The superior court’s John C. Kissinger conducted a hearing on Monday and firmly ruled against Hutchingson’s plea, as Hutchingson admitted that he had no fear that Garret was a danger, while Garret told the judge of the multiple occasions on which Hutchingson had attacked or threatened him and offered to show video of various incidents.

During the hearing, Hutchingson announced his candidacy for Keene city council in 2015 for the at-large seats. Here’s video of the full hearing:

Derrick J in Court on Gun Rights Appeal, Accused of Being “Unsuitable” to Conceal

kilham

KPD Prosecutor Jean Kilham

In district court yesterday morning, Keene Police prosecutor Jean Kilham seemed to be suggesting that because Derrick J was laughing during proceedings that he doesn’t deserve the right to concealed carry a gun.  Derrick was clearly laughing at the absurdity of the violence brought against him during his Victimless Crime Spree, which was detailed in witness testimony today.

Derrick J’s attorney, Free State Project participant and former FSP vice president Evan Nappen, is known among defense attorneys in New Hampshire as the go-to guy for gun rights cases.  Nappen did a fine job today and Derrick seemed very pleased with how he argued the case.

The Keene police argued that Derrick J is “unsuitable” to conceal carry, the big loophole word in the state’s “shall-issue” statute.  While simultaneously admitting that it’s fully legal for Derrick J to carry a gun openly, they claim that due to a record of victimless “crimes”, alleged cannabis use, and suggested affiliations with violent groups, that Derrick J should be prohibited from concealing.

Derrick J took the stand and told the story of his Victimless Crime Spree.  It was made clear that he is an activist dedicated to peace.  In fact, Derrick is the host of Peace News Now, heard twice a week on LRN.FM. Here’s full video of today’s “Hearing on the Merits”:

Burke ends the hearing and retires for the holiday weekend with a DVD of Derrick J’s Victimless Crime Spree as part of the evidence in the case.  Perhaps he will sit down with the family this holiday weekend and watch the movie that he helped make possible. (more…)

Live Tweets from Derrick J’s Gun Rights Hearing

Darryl W. Perry this morning was live tweeting from Derrick J’s appeal of the Keene Police denying him the “shall issue” permit to concealed carry a firearm. Here’s a reverse chronological recap of his tweets:

Darryl W. Perry @DarrylWPerry · 3h 3 hours ago
Judge is taking it under advisement
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Darryl W. Perry @DarrylWPerry · 4h 4 hours ago
State alleges that #DerrickJ wouldn’t tell the truth if asked why he laughed in court
More
Darryl W. Perry @DarrylWPerry · 4h 4 hours ago
State says there is proof that #DerrickJ is violent because of a couple of resisting arrest charges, shouldn’t have a CCW but can open carry
More
Darryl W. Perry @DarrylWPerry · 4h 4 hours ago
State says that #DerrickJ is not suitable to have a CCW because he laughed in court and has been arrested for activism (more…)