State of New Hampshire v. JP Order of overturned denial of a gun purchase (2017)
JP had been denied the purchase of a hand gun because he failed an NCIS background check. The basis of the failure was a domestic assault Misdemeanor charge he was convicted of on August 22, 1996. The charge was the result of an alleged fight between JP and JP's older brother. Attorney Lynch found two problems in JP's criminal record. His record showed JP could have been sentenced to a time in jail which exceeded the maximum penalty for the crime back in 1996. The second issue is that while Vermont recognizes a fight between two brothers as a "domestic assault" the Federal Government does not. Therefore, as far as JP's rights to purchase a gun are concerned he has not committed "domestic assault" and he is not precluded from owning or buying a gun. JP's gun rights were restored. JP had been to two different Attorneys and both had failed in their attempt to restore JP's gun rights.