It appears he was fired from his job when his co-workers saw a copy of his weapons license. Then his license was not renewed by the chief of police because he was fired from his job.


Supreme Court upholds police chief's denial of weapons license for city man

Link

Portsmouth City Attorney Robert Sullivan cross examines Lee Roseberry during a July 2007 hearing to consider evidence related to the denial of Roseberry's gun permit application.
Elizabeth Dinan file photo


By Elizabeth Dinan
[email protected]
June 04, 2008 12:53 PM
PORTSMOUTH — Police Chief Michael Magnant “was justified” in his decision to deny a license to carry a concealed weapon from applicant and former city worker Lee Roseberry, according to a June 2 Supreme Court decision.

The Supreme Court issued the finding in favor of the police chief, while also denying Roseberry’s request to appeal a June 2007 District Court denial of his gun license. The appeal is “unnecessary,” the court decided, because “the record contains sufficient evidence” that the local court made no error.

Roseberry petitioned the state’s highest court on the grounds that the District Court erred by allowing documents from his city personnel file into evidence and not considering his credentials as an experienced gun safety instructor. The Supreme Court found that whether or not personnel records were introduced, testimony at trial was sufficient. It also ruled the lower court can accept or reject any evidence presented.

Magnant refused to renew Roseberry’s concealed carry permit a year ago, after Roseberry was fired from his job as a city wastewater treatment operator, in part because former colleagues found copies of his previous gun license on their desks following work-related disputes. During a July 2007 District Court trial, the city’s human resources officer, Diane Fogarty, testified that Roseberry created a “hostile work environment.”

The Supreme Court decision calls the testimony about the permits left on coworkers’ desks, “the most troubling piece of evidence.”

“To some degree, it made the city a safer place,” City Attorney Robert Sullivan said about the license denial. “The message for the citizenry at large is that if a person wants a concealed weapons permit, that person should act in a responsible manner in their daily life.”

During a three-hour District Court hearing on the matter last July, Magnant testified that during four-plus years as police chief, he approved an estimated 450 concealed carry licenses and denied just two, including Roseberry’s. Noting New Hampshire’s history of supporting Second Amendment rights, Sullivan said Wednesday that the chief’s denial was “difficult” and “to be commended.”

Roseberry could not be reached for comment.

If you leave a copy of your concealed weapons permit on an opponent's work desk you are making a threat, I think.   Dumb, dumb, dumb.   I'm not troubled by this if that was what he did.

He left copies of his CCW license on the desks of his co-workers.

Quoted: It appears he was fired from his job when his co-workers saw a copy of his weapons license. Then his license was not renewed by the chief of police because he was fired from his job. Supreme Court upholds police chief's denial of weapons license for city man Link Portsmouth City Attorney Robert Sullivan cross examines Lee Roseberry during a July 2007 hearing to consider evidence related to the denial of Roseberry's gun permit application. Elizabeth Dinan file photo images.seacoastonline.com/apps/pbcsi.dll/bilde?Site=SO&Date=20080604&Category=NEWS&ArtNo=80604014&Ref=AR&MaxW=570&MaxH=370&title=1&border=0 By Elizabeth Dinan [email protected] June 04, 2008 12:53 PM PORTSMOUTH — Police Chief Michael Magnant “was justified” in his decision to deny a license to carry a concealed weapon from applicant and former city worker Lee Roseberry, according to a June 2 Supreme Court decision. The Supreme Court issued the finding in favor of the police chief, while also denying Roseberry’s request to appeal a June 2007 District Court denial of his gun license. The appeal is “unnecessary,” the court decided, because “the record contains sufficient evidence” that the local court made no error. Roseberry petitioned the state’s highest court on the grounds that the District Court erred by allowing documents from his city personnel file into evidence and not considering his credentials as an experienced gun safety instructor. The Supreme Court found that whether or not personnel records were introduced, testimony at trial was sufficient. It also ruled the lower court can accept or reject any evidence presented. Magnant refused to renew Roseberry’s concealed carry permit a year ago, after Roseberry was fired from his job as a city wastewater treatment operator, in part because former colleagues found copies of his previous gun license on their desks following work-related disputes. During a July 2007 District Court trial, the city’s human resources officer, Diane Fogarty, testified that Roseberry created a “hostile work environment.” The Supreme Court decision calls the testimony about the permits left on coworkers’ desks, “the most troubling piece of evidence.” “To some degree, it made the city a safer place,” City Attorney Robert Sullivan said about the license denial. “The message for the citizenry at large is that if a person wants a concealed weapons permit, that person should act in a responsible manner in their daily life.” During a three-hour District Court hearing on the matter last July, Magnant testified that during four-plus years as police chief, he approved an estimated 450 concealed carry licenses and denied just two, including Roseberry’s. Noting New Hampshire’s history of supporting Second Amendment rights, Sullivan said Wednesday that the chief’s denial was “difficult” and “to be commended.” Roseberry could not be reached for comment.

I thought you didn't need a license to carry in NH.

Did he leave his CW paper work in co-workers desks to scare them or in some way inform them he was armed? I don't get it.

Quoted: Are they saying he copied his permit and put it on their desks?

Yes.

ETA: NH is a shall issue state.  We have CCW permits.  Neighboring Vermont does not require permits.

Quoted: Are they saying he copied his permit and put it on their desks?

Somebody copied his permit and put it on his coworkers' desks.

Quoted: If you leave a copy of your concealed weapons permit on an opponent's work desk you are making a threat, I think.   Dumb, dumb, dumb.   I'm not troubled by this if that was what he did.

Yup; dumb move on his part.

Quoted: Quoted: Are they saying he copied his permit and put it on their desks? Yes.

He's lucky just to have lost his permit and not to have been charged under any number of theories.

What kind of fucking idiot does something like that.

Quoted: Quoted: Quoted: Are they saying he copied his permit and put it on their desks? Yes. He's lucky just to have lost his permit and not to have been charged under any number of theories. What kind of fucking idiot does something like that.

Your question contains it's own answer.

He can still open carry in NH. No permit required.

Quoted: I thought you didn't need a license to carry in NH.

No, that's Vermont.  If you can legally possess a firearm, that is, not a felon, nutcase, druggie, etc, you can carry a firearm concealed.  No license required.


Edit:  And guess which state has the lowest crime rate?

Quoted: If you leave a copy of your concealed weapons permit on an opponent's work desk you are making a threat, I think.   Dumb, dumb, dumb.   I'm not troubled by this if that was what he did.

It's not clear to me from the article that he placed the copies on co-workers desks, or if someone else did it. It's plausible to me that after the "dispute", one of his co-workers made copies of the firearms permit and placed the copies on the desks of co-workers. Maybe to warn co-workers that this man was armed. Or possibly, like you said, the guy was so stupid that he made copies of his permit and put them on co-workers desks.  He would have to be incredibly stupid to do that.

NH is pretty gun and CCW friendly. This guy must have been a real knob to get denied.

I've never ever had a problem getting my CCW renewed even when I lived in Hampton where they are uber strict.

Quoted: Quoted: If you leave a copy of your concealed weapons permit on an opponent's work desk you are making a threat, I think.   Dumb, dumb, dumb.   I'm not troubled by this if that was what he did. It's not clear to me from the article that he placed the copies on co-workers desks, or if someone else did it. It's plausible to me that after the "dispute", one of his co-workers made copies of the firearms permit and placed the copies on the desks of co-workers. Maybe to warn co-workers that this man was armed. Or possibly, like you said, the guy was so stupid that he made copies of his permit and put them on co-workers desks.  He would have to be incredibly stupid to do that.

How do co-workers get a hold of  a copy of your permit if you're not happy-assing around with it?

Weird deal.  

Quoted: Quoted: Quoted: If you leave a copy of your concealed weapons permit on an opponent's work desk you are making a threat, I think.   Dumb, dumb, dumb.   I'm not troubled by this if that was what he did. It's not clear to me from the article that he placed the copies on co-workers desks, or if someone else did it. It's plausible to me that after the "dispute", one of his co-workers made copies of the firearms permit and placed the copies on the desks of co-workers. Maybe to warn co-workers that this man was armed. Or possibly, like you said, the guy was so stupid that he made copies of his permit and put them on co-workers desks.  He would have to be incredibly stupid to do that. How do co-workers get a hold of  a copy of your permit if you're not happy-assing around with it? Weird deal.

They are city employees. Maybe co-workers had access to the firearms license records. Or possibly one co-worker saw the license  on on the guys desk, and made copies of it. Or like you said, the guy is a total moron and made the copies and placed them on his co-workers desks as a threat. Or possibly, the dispute was about whether or not  he had a firearms permit, and he placed the copies on the co-workers desks to prove he did in fact possess a license.

The article says the co-workers found the license copies on their desks. It doesn't say how those copies got there. Given the court ruling, it sounds to me like their was some evidence that the guy placed the copies there himself and it was interpreted as a threat.

If the guy puposely made copies and conspicuously left them as a 'threat'.......dumbass is lucky he can still own firearms.

Quoted: Quoted: Quoted: Quoted: If you leave a copy of your concealed weapons permit on an opponent's work desk you are making a threat, I think.   Dumb, dumb, dumb.   I'm not troubled by this if that was what he did. It's not clear to me from the article that he placed the copies on co-workers desks, or if someone else did it. It's plausible to me that after the "dispute", one of his co-workers made copies of the firearms permit and placed the copies on the desks of co-workers. Maybe to warn co-workers that this man was armed. Or possibly, like you said, the guy was so stupid that he made copies of his permit and put them on co-workers desks.  He would have to be incredibly stupid to do that. How do co-workers get a hold of  a copy of your permit if you're not happy-assing around with it? Weird deal.   They are city employees. Maybe co-workers had access to the firearms license records. Or possibly one co-worker saw the license  on on the guys desk, and made copies of it. Or like you said, the guy is a total moron and made the copies and placed them on his co-workers desks as a threat. Or possibly, the dispute was about whether or not  he had a firearms permit, and he placed the copies on the co-workers desks to prove he did in fact possess a license. The article says the co-workers found the license copies on their desks. It doesn't say how those copies got there. Given the court ruling, it sounds to me like their was some evidence that the guy placed the copies there himself and it was interpreted as a threat.

At the wast water treatment plant?

You're reaching. REALLY reaching.

Lets assume the "someone out to get him" excuse.

Do you guys NOW see why you leave the concealed weapon, you know, CONCEALED?

Why you don't go playing show and tell with your license and whatnot?

No one know what when if I'm carrying.   Aside from the tactical advantage loss if one of the co workers you've told about it decides to go postal (might as well hang up a shoot me first sign), you also open yourself to acts of liberal sabotage.

I'm fairly well sure this guy did this himself.   Dumb fuck.

He deserves it. He gives CCW holders a bad name

Quoted: If you leave a copy of your concealed weapons permit on an opponent's work desk you are making a threat, I think.   Dumb, dumb, dumb.   I'm not troubled by this if that was what he did.

+1

What an a-hole.  His point was to threaten his co-workers.

He shouldn't have a problem with a stapler permit.

how do we know the guy made the copies?  Did he admit to it?  If it was another coworker they could have been trying to get him fired or left it as a message saying "don't mess with this guy he is carrying a gun ohhh noez!!11!"

Quoted: Quoted: Quoted: Quoted: Quoted: If you leave a copy of your concealed weapons permit on an opponent's work desk you are making a threat, I think.   Dumb, dumb, dumb.   I'm not troubled by this if that was what he did. It's not clear to me from the article that he placed the copies on co-workers desks, or if someone else did it. It's plausible to me that after the "dispute", one of his co-workers made copies of the firearms permit and placed the copies on the desks of co-workers. Maybe to warn co-workers that this man was armed. Or possibly, like you said, the guy was so stupid that he made copies of his permit and put them on co-workers desks.  He would have to be incredibly stupid to do that. How do co-workers get a hold of  a copy of your permit if you're not happy-assing around with it? Weird deal.   They are city employees. Maybe co-workers had access to the firearms license records. Or possibly one co-worker saw the license  on on the guys desk, and made copies of it. Or like you said, the guy is a total moron and made the copies and placed them on his co-workers desks as a threat. Or possibly, the dispute was about whether or not  he had a firearms permit, and he placed the copies on the co-workers desks to prove he did in fact possess a license. The article says the co-workers found the license copies on their desks. It doesn't say how those copies got there. Given the court ruling, it sounds to me like their was some evidence that the guy placed the copies there himself and it was interpreted as a threat. At the wast water treatment plant? You're reaching. REALLY reaching.

Yep. A more likely explanation would be that someone fished it out of his wallet in a locker or desk drawer while he was working. You'd think that, working in the water treatment plant, he'd probably be wearing coveralls while actually working.

More info on this. Roseberry had filed a whistle-blower complaint and claims this is why he was fired. He also claims that the copy of the weapons license was inadvertently left after he had made a copy of the permit using the office copying machine.



Dispute rekindled between town, fired worker

Link

By Joe Adler
[email protected]
 

PORTSMOUTH - A former Water Department employee with a contentious relationship with the city is now butting heads with officials again - this time over his request for a taxi license.

Lee Roseberry said he lost his job last year after claiming the city covered up the extent of a sewage spill in the Piscataqua River. Officials claim instead that Roseberry had a history of combativeness toward co-workers that led to his firing.

Suggesting that Roseberry posed a safety risk, Police Chief Michael Magnant last month denied Roseberry’s request for a taxi operator’s license, a decision that Roseberry has appealed to the Taxi Commission.

"Mr. Roseberry was suspended and terminated from his position with the city of Portsmouth for creating a hostile work environment where his co-workers were in fear of violence," Magnant wrote in a memo to commissioners.

But the commission on Monday said Magnant had not provided commissioners with all the relevant information that led to the chief’s decision, and tabled Roseberry’s appeal until next month.

"I’m not going to tell you that I was a perfect employee, but I was a very responsible employee," Roseberry told the commission at City Hall. "I don’t believe in threatening people."

Roseberry has filed a "whistleblower’s complaint form" with the New Hampshire Department of Labor over what he says was the city’s negligence in operation of the Deer Street pumping station.

He alleged the city knew it had a defective pump, which was to blame, he said, for a 2001 spill of raw sewage into the Piscataqua. City officials admit the spill, but say it was limited to between 400,000 and 500,000 gallons over two days, and the problem is being corrected. Roseberry claims the spill totaled about 1,000,000 gallons over two days.

The city pointed more to his history of hostile relationships with employees as the reason he was fired.

In his memo to the Taxi Commission, Magnant cited an alleged incident in which Roseberry left a copy of his pistol permit on a supervisor’s desk, in what the supervisor alleged was a serious threat. Roseberry was also accused of drawing a swastika on the same supervisor’s identification card.

"I am told that many of Roseberry’s co-workers have signed a petition that they are in fear of working with him," Magnant wrote.

Roseberry strongly denied the allegations and said that he has been labeled as a "troublemaker." He added that a copy of the weapon permit could have been left on his supervisor’s desk because he was making photocopies of the permit nearby.

"If the city finds merit in these allegations, then charge me ... instead of these allegations just being considered a matter of fact," he said.

Quoted: Quoted: Quoted: Quoted: If you leave a copy of your concealed weapons permit on an opponent's work desk you are making a threat, I think.   Dumb, dumb, dumb.   I'm not troubled by this if that was what he did. It's not clear to me from the article that he placed the copies on co-workers desks, or if someone else did it. It's plausible to me that after the "dispute", one of his co-workers made copies of the firearms permit and placed the copies on the desks of co-workers. Maybe to warn co-workers that this man was armed. Or possibly, like you said, the guy was so stupid that he made copies of his permit and put them on co-workers desks.  He would have to be incredibly stupid to do that. How do co-workers get a hold of  a copy of your permit if you're not happy-assing around with it? Weird deal.   They are city employees. Maybe co-workers had access to the firearms license records. Or possibly one co-worker saw the license  on on the guys desk, and made copies of it. Or like you said, the guy is a total moron and made the copies and placed them on his co-workers desks as a threat. Or possibly, the dispute was about whether or not  he had a firearms permit, and he placed the copies on the co-workers desks to prove he did in fact possess a license. The article says the co-workers found the license copies on their desks. It doesn't say how those copies got there. Given the court ruling, it sounds to me like their was some evidence that the guy placed the copies there himself and it was interpreted as a threat.

The NH license is just a peice of paper that has a duplicater sheet attached. When you sign at the PD the cops keep a copy in a big file cabinet and you take the original with your signature. The PD in Portsmouth isn't near the water treatment plant so I don't see how some water treatment plant type could get access to a copy of his CCW from where it would be filed at the PD.

I think he put the copies on his co-workers desks fwiw.

More details:



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http://www.seacoastonline.com/apps/pbcs.dll/article?AID=/20070713/NEWS/707130437/-1/TOWN01

Ex-city worker wants gun permit
Man names police chief in legal action
July 13, 2007

PORTSMOUTH - A former city employee who was fired after leaving copies of his pistol permit on colleagues' desks has summonsed Police Chief Michael Magnant to court for refusing to renew his pistol permit.

Former wastewater treatment operator Lee Roseberry has named Magnant as the defendant in a Portsmouth District Court case alleging the chief's refusal to renew his pistol permit is unjustified.

Through Rochester attorney Robert Zubkus, Roseberry tells the court he originally received a permit to carry a loaded and concealed handgun in June 2003. Roseberry claims he recently filed an application to renew the permit with local police, and Magnant denied the gun permit with a letter postmarked June 18, 2007.

"I believe that your statements and actions in the past, including your tenure as a city employee, show extremely poor judgment on your part," Magnant is quoted in Roseberry's civil action.

Roseberry's appeal notes the police chief's letter of denial was incorrectly dated as having been written in 2003.

Though his attorney, the city resident claims Magnant's denial "is not based on any fact or event that would deem the petitioner an unstable candidate for renewal." Also, he argues, the police chief did not take any action over the past four years to suspend or revoke his pistol permit.

Further, Roseberry tells the court, he has no history of domestic violence, has been the secretary of the Piscataqua Fish and Game Club for the past 14 years, is a state certified firearms instructor and a National Rifle Association certified pistol instructor.

The burden of proof is on the chief to prove why the permit denial is justified, according to Roseberry's civil action.

Magnant could not be reached for comment Thursday.

In November 2004, Roseberry told the Herald he was fired from his city sewer department job for blowing the whistle about a raw sewage spill into the Piscataqua River from the Deer Street waste treatment station. Portsmouth labor attorney Tom Flygare countered by outlining Roseberry's employment history with the city as including numerous suspensions for personal and professional conduct and letters from co-workers who said they did not feel safe around him.

One of the safety concerns was exemplified in October 2003, when two of Roseberry's colleagues called police after finding copies of his permit to carry a concealed weapon on their desks at two separate offices, located eight miles apart. Roseberry told the Herald he made the copies to carry as identification because he occasionally carried a gun on the job and probably left copies near the copy machines.

Investigating police found no evidence that a crime was committed, but the city decided it found enough evidence to fire him on the grounds that he was incompatible with colleagues.

In March 2004, Roseberry was named as the most likely suspect to have left a threatening note on the windshield of a car parked in City Manager John Bohenko's driveway. Again, police found insufficient evidence to press criminal charges.

In April 2005, Magnant denied Roseberry's application for a taxi license on the grounds that he was a safety risk.

Judge Stephen Morrison is scheduled to hear Roseberry's gun permit appeal on July 17 in Portsmouth District Court.

Dumbass. Sounds like his employer and the Police Chief made the right decsion.

He accidentally left copies at two offices 8 miles apart?

Quoted: He accidentally left copies at two offices 8 miles apart?

In the three articles I posted, I haven't seen anyone say they had evidence how the copies got there. It's plausible that someone else found a copy in the copier room and made copies, and then left a copy at the two locations. If the guy did file a whistle-blower complaint, I wouldn't put it past his boss or someone else in the city to frame Roseberry. It wouldn't be the first time a whistle-blower was retaliated against by his superiors. I can also see it's possible that Roseberry could be a nut-job and placed the copies at the two location as a threat.

Quoted: Quoted: He accidentally left copies at two offices 8 miles apart? In the three articles I posted, I have seen anyone say they had evidence how the copies got there. It's plausible that someone else found a copy in the copier room and made copies, and then left a copy at the two locations. If the guy did file a whistle-blower complaint, I wouldn't put it past his boss or someone else in the city to frame Roseberry. It wouldn't be the first time a whistle-blower was retaliated against by his superiors. I can also see it's possible that Roseberry could be a nut-job and placed the copies at the two location as a threat.

So let's change the venue to Texas then.
You play the police chief.
Do you give this guy the permit or not?

If NH is a shall issue state, then don't you have to be legally disqualified from having a CCW in order to be denied?

I still don't get it, even if the guy did something dumb, how does that disqualify him in a "shall issue" state?  I could at least understand if the guy was in a "may issue" state and has a poor reputation, but that doesn't seem to be the case.

Quoted: Quoted: Quoted: He accidentally left copies at two offices 8 miles apart? In the three articles I posted, I have seen anyone say they had evidence how the copies got there. It's plausible that someone else found a copy in the copier room and made copies, and then left a copy at the two locations. If the guy did file a whistle-blower complaint, I wouldn't put it past his boss or someone else in the city to frame Roseberry. It wouldn't be the first time a whistle-blower was retaliated against by his superiors. I can also see it's possible that Roseberry could be a nut-job and placed the copies at the two location as a threat. So let's change the venue to Texas then. You play the police chief. Do you give this guy the permit or not?

In Texas, the police chief doesn't have discretionary power to deny a CHL. Basically, if you pass the criminal background check, are of legal age, and pass the CHL class, you get your CHL. I think there may be some stipulations that if you have pending charges for certain crimes or have a restraining order against you, you are not eligible. Bottom-line, I think Roseberry would get a CHL in Texas, no problem.

Quoted: Quoted: Quoted: He accidentally left copies at two offices 8 miles apart? In the three articles I posted, I have seen anyone say they had evidence how the copies got there. It's plausible that someone else found a copy in the copier room and made copies, and then left a copy at the two locations. If the guy did file a whistle-blower complaint, I wouldn't put it past his boss or someone else in the city to frame Roseberry. It wouldn't be the first time a whistle-blower was retaliated against by his superiors. I can also see it's possible that Roseberry could be a nut-job and placed the copies at the two location as a threat. So let's change the venue to Texas then. You play the police chief. Do you give this guy the permit or not?

No permit.  The story is too fishy.  I think the record of the Chief speaks for itself.  Over 400 approvals and only 2 denials.  I would say he made the right decision.

From the NH CCW form:

Licenses must be issued or denied within 14 days of application, and if denied, the reason shall be stated in
writing and delivered to the applicant within 14 days, with a copy kept by the denying authority. The
applicant may appeal a denial within 30 days to the District Court in the jurisdiction in which the person
resides, and the court shall hold a hearing within 14 days.

He appealed, he lost.

From the article describing such:
Police Chief Michael Magnant “was justified” in his decision to deny a license to carry a concealed weapon from applicant and former city worker Lee Roseberry, according to a June 2 Supreme Court decision.

The Supreme Court issued the finding in favor of the police chief, while also denying Roseberry’s request to appeal a June 2007 District Court denial of his gun license. The appeal is “unnecessary,” the court decided, because “the record contains sufficient evidence” that the local court made no error.