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
Virginia: Legislature Adjourns from 2026 Session; Anti-Gun Bills on Governor's Desk

Sunday, March 15, 2026

Virginia: Legislature Adjourns from 2026 Session; Anti-Gun Bills on Governor's Desk

On Saturday, March 14th, the Virginia General Assembly adjourned sine die from the 2026 legislative session, and the future of the Commonwealth hangs in the balance. 

Connecticut: Pistol Ban Advances in the Legislature

Sunday, March 29, 2026

Connecticut: Pistol Ban Advances in the Legislature

Last week, the Connecticut Judiciary Committee voted to advance HB5043 - A bill championed by Governor Ned Lamount aimed at banning so-called "convertible pistols".

Washington: Governor Signs 3D-Printing Ban

Thursday, March 26, 2026

Washington: Governor Signs 3D-Printing Ban

The Washington legislature adjourned sine die from the 2026 legislative session on March 12. 

DOJ Legal Filing Renews Concerns About ATF’s Posture on Braced Pistols

Friday, March 20, 2026

DOJ Legal Filing Renews Concerns About ATF’s Posture on Braced Pistols

The saga of ATF’s enforcement of the National Firearm Act’s “short barreled rifle” provisions against braced pistols has been a roller coaster ride of shifting interpretations. NRA-ILA has been keeping up with, reporting on, and ...

NRA Defeats California Gun Control Law; State Must Pay Nearly $500,000 in Attorney Fees Incurred by NRA

Monday, March 23, 2026

NRA Defeats California Gun Control Law; State Must Pay Nearly $500,000 in Attorney Fees Incurred by NRA

Today, the U.S. District Court for the Eastern District of California granted a stipulation for final judgment and permanent injunction in Safari Club International v. Bonta, under which the state conceded that its firearm advertising restriction is unconstitutional ...

Utah: Governor Cox Signs Pro-Gun Legislation Into Law

Thursday, March 26, 2026

Utah: Governor Cox Signs Pro-Gun Legislation Into Law

This morning, alongside firearm industry and advocacy partners, Governor Cox signed House Bill 214 into law during a ceremony in Salt Lake City, marking a significant legislative victory for protecting lawful commerce in the firearms ...

NRA Seeks to Invalidate California’s Handgun “Roster” in Legal Challenge

News  

Monday, March 30, 2026

NRA Seeks to Invalidate California’s Handgun “Roster” in Legal Challenge

The National Rifle Association has taken legal action challenging California’s Handgun Roster, a regulatory regime that effectively bans most commonly owned handguns.

Michigan: Constitutional Carry Legislation Introduced

Thursday, March 5, 2026

Michigan: Constitutional Carry Legislation Introduced

A package of pro-Second Amendment legislation has been introduced in the Michigan House. House Bills 5653–5657 would make Michigan the 30th state in the nation to recognize Constitutional Carry, allowing individuals who are legally permitted ...

Virginia Lawmakers Want to Punish Crime Victims and Exempt Themselves from Gun Control

News  

Monday, March 23, 2026

Virginia Lawmakers Want to Punish Crime Victims and Exempt Themselves from Gun Control

Anti-gun lawmakers in Virginia’s General Assembly recently earned well-deserved scorn by trying to create a special carveout for themselves in one of their numerous gun control bills. 

Ohio: Senate Passes Suppressor Legislation

Wednesday, March 25, 2026

Ohio: Senate Passes Suppressor Legislation

Today, The Senate passed SB 214 by a vote of 31-1, legislation to remove firearm suppressors from the definition of “dangerous ordnance” in the Ohio Revised Code. This legislation now goes to the house where ...

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.