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
Pro-2A Journalist Awarded in New Jersey: Further Proof the Garden State is Savable?

News  

Monday, January 5, 2026

Pro-2A Journalist Awarded in New Jersey: Further Proof the Garden State is Savable?

It’s rare to see journalists write accurate articles about the Second Amendment and the right to self-defense, and even more rare to see them receive accolades from their mainstream peers for such articles.  

Ninth Circuit Panel Rules California’s Open Carry Ban is Unconstitutional

Monday, January 5, 2026

Ninth Circuit Panel Rules California’s Open Carry Ban is Unconstitutional

On Friday, Jan. 3, a divided three judge panel of the U.S. Court of Appeals for the Ninth Circuit held that California’s ban on open carry in counties with a population of greater than 200,000 ...

2025 Litigation Update

Wednesday, December 31, 2025

2025 Litigation Update

In 2025, the National Rifle Association defeated New Mexico’s 7-day waiting period for firearm purchases, the ATF’s “engaged in the business” rule, the ATF’s “pistol brace” rule, a lawsuit seeking to ban lead ammunition in ...

North Carolina: Update on Permitless Carry

Tuesday, December 16, 2025

North Carolina: Update on Permitless Carry

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

More Anti-Gun “Trajectories” and “Experiments” on the Horizon in Illinois for 2026

News  

Monday, January 5, 2026

More Anti-Gun “Trajectories” and “Experiments” on the Horizon in Illinois for 2026

As a new year begins, a timeless new year resolution remains: Work hard to ensure your state does not become like Illinois. As multiple firearm-related news outlets revisit the highs and lows of 2025, it ...

NDAA 2026: A Win for Surplus Firearms Collectors and the Second Amendment

News  

Monday, December 15, 2025

NDAA 2026: A Win for Surplus Firearms Collectors and the Second Amendment

It is indeed that time of year. Time for the 65th annual National Defense Authorization Act (NDAA). This critical federal legislation specifies the budget and policies for the United States Department of Defense for the next fiscal year. 

2025 Grassroots Year In Review

Take Action  

Wednesday, December 31, 2025

2025 Grassroots Year In Review

As 2026 starts, we want to pause and recognize what we have accomplished together in 2025—and, more importantly, the work that all of you contributed to help us achieve these victories.

Virginia: Gun Control Looms on the Horizon – Make Plans to Attend Lobby Day in January!

Monday, December 22, 2025

Virginia: Gun Control Looms on the Horizon – Make Plans to Attend Lobby Day in January!

Anti-gun legislators in Richmond have already begun filing legislation ahead of the upcoming Virginia General Assembly session. 

California: 2026 Legislative Session Is Now Underway!

Monday, January 5, 2026

California: 2026 Legislative Session Is Now Underway!

Today, January 5th, the California Legislature reconvened for the 2026 legislative session, marking the second year of the two-year legislative cycle. As in years past, gun control advocates are expected to continue pushing their anti-gun ...

Michigan: Firearm Safety Education Bill Signed Into Law

Friday, December 26, 2025

Michigan: Firearm Safety Education Bill Signed Into Law

On Tuesday, Michigan Governor Gretchen Whitmer signed House Bill 4285 into law, allowing middle and high schools to offer courses on hunter safety and responsible firearm ownership.        

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.