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
North Carolina: Update on Permitless Carry

Monday, November 17, 2025

North Carolina: Update on Permitless Carry

Last week the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

Gun Control Advocates Hope to Create Patchwork of Peril to Suppress Civil Rights

News  

Monday, November 24, 2025

Gun Control Advocates Hope to Create Patchwork of Peril to Suppress Civil Rights

Preemption laws offer legal protection for gun owners, but only when they are enforced.

Ninth Circuit Grants Rehearing En Banc in NRA-Supported Challenge to California’s Ammunition Background Check Requirement

Tuesday, December 2, 2025

Ninth Circuit Grants Rehearing En Banc in NRA-Supported Challenge to California’s Ammunition Background Check Requirement

The Ninth Circuit Court of Appeals has granted rehearing en banc in Rhode v. Bonta—a case backed by the National Rifle Association and California Rifle and Pistol Association.

California: Governor Newsom Signs Gun Control Bills Into Law

Monday, October 13, 2025

California: Governor Newsom Signs Gun Control Bills Into Law

For someone who has claimed to be"...deeply mindful and respectful of the Second Amendment and people’s Constitutional rights,” Governor Gavin Newsom has once again proven that actions speak louder than words.

Ruger Next Target in Threat-Based Gun Control

News  

Monday, November 17, 2025

Ruger Next Target in Threat-Based Gun Control

The inch was seemingly given, so it is not surprising to see pursuit of the mile.

A Dozen Towns in New Jersey Have Nullified Carry Permit Fees Through an Initiative Backed by NJFOS, NRA, and CCRKBA.

Tuesday, December 2, 2025

A Dozen Towns in New Jersey Have Nullified Carry Permit Fees Through an Initiative Backed by NJFOS, NRA, and CCRKBA.

On November 25th, Howell, in Monmouth County, became the 12th municipality in New Jersey to refund all or substantially all the fees required to obtain a permit to carry. The list now includes towns in ...

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

News  

Second Amendment  

Thursday, May 22, 2025

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

Earlier today, the U.S. House of Representatives passed H.R.1 the One Big Beautiful Bill Act, which included Section 2 of the Hearing Protection Act, completely removing suppressors from the National Firearms Act (NFA).

Florida: House Judiciary to Hear Pro-Gun Bill Repealing Adult Age Restrictions Tomorrow!

Monday, December 1, 2025

Florida: House Judiciary to Hear Pro-Gun Bill Repealing Adult Age Restrictions Tomorrow!

Tomorrow, December 2nd, at 8:30 AM, the Florida House Judiciary Committee will hear pro-gun House Bill 133, which restores the ability for young adults to lawfully purchase firearms. Use the Take Action link below to contact the ...

NRA Files Amicus Brief Urging SCOTUS to Invalidate Hawaii Carry Restriction

Monday, November 24, 2025

NRA Files Amicus Brief Urging SCOTUS to Invalidate Hawaii Carry Restriction

Today, the National Rifle Association and the Independence Institute filed an amicus brief in Wolford v. Lopez, a case before the U.S. Supreme Court challenging Hawaii’s law that forbids carrying on private property open to the ...

Stemming the Criminal Tide in Chicago—Feds Step Up Enforcement

News  

Monday, November 24, 2025

Stemming the Criminal Tide in Chicago—Feds Step Up Enforcement

In August, the Trump White House released an article titled, Yes, Chicago Has a Crime Problem — Just Ask its Residents, which pointedly noted that for “13 consecutive years, Chicago has had the most murders of ...

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.