Make no mistake, these three criminal charges against me were not ‘dropped’ by Gilford Police Chief Bean-Burpee and his prosecutor Sergeant Eric Bredbury, they were dismissed by a New Hampshire Circuit Court Judge after a full hearing. In spite of having months to review the law and the facts, the Prosecutor refused to drop the charges or even propose a plea, but rather continued to seek a conviction to justify the State’s violation of my First Amendment right of free speech, and my unlawful arrest.
I was fortunate enough to be experienced in the legal system, and also had the determined, talented, and effective counsel of Mark Sisti and Jared Bedrick of Sisti Law Offices. But what about those who have none of these advantages? One of the most troubling aspects of this experience is having to face the fact that, out of the millions of people arrested every year in the United States, many are unlawfully arrested, maliciously prosecuted, wrongfully convicted, or pressured to plead guilty just to get it over with. Having a jury of one’s peers is supposed to be a check on this system, but NH law precludes a jury trial for a defendant if he is not facing possible incarceration.
Local 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.
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
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.
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…)