It is good to see a court strike down the NH Department of Safety's ad hoc requirement that a non-resident first obtain a home state CCW license before getting a NH non-resident CCW license.
This was not anywhere in the law.
"[W]e cannot disregard the fact that residents of certain states, like New Jersey, may simply be unable to satisfy state requirements for a license that differ from New Hampshire’s statutory requirements. Because the rules at issue here effectively incorporate into New Hampshire’s requirements for concealed-carry licenses the requirements established by other states for the issuance of concealed-carry licenses, the rules change the requirements of [the state statute], and thus, “add to, detract from, or modify the statute which they are intended to implement.” Accordingly, we conclude that the challenged rules — requiring nonresidents to provide proof that they hold resident state licenses in order to obtain concealed-carry licenses in New Hampshire — are ultra vires [i.e., beyond the Department’s powers] and, therefore, invalid."
