2006-290, STATE OF NH v. SHAUN M. BROWN

order. question despite his previous conviction for violation of an abuse prevention

misdemeanor crime of domestic violence?” Brown responded “no” to the

permit applicant: “Have you ever been convicted in any court of a gun purchase application form. Question 11.i. on the form inquires of the Federal Alcohol, Tobacco, Firearms and Explosives (ATF) Form 4473, a federal

violation of RSA 159:11 (2002). We reverse and remand. misdemeanor count of providing false information to secure a firearm in

attempted to purchase a nine millimeter handgun. He filled out the required The record supports the following. On November 30, 2005, Brown

dismissal of its complaint against the defendant, Shaun M. Brown, for one HICKS, J. The State appeals the Laconia District Court’s (Huot, J.)

Shaun M. Brown, pro se, filed no brief.

general, on the brief), for the State. to press. Errors may be reported by E-mail at the following address: Kelly A. Ayotte, attorney general (Susan P. McGinnis, assistant attorney

editorial errors in order that corrections may be made before the opinion goes No. 2006-290 Hampshire, One Charles Doe Drive, Concord, New Hampshire 03301, of any Laconia District Court Readers are requested to notify the Reporter, Supreme Court of New ___________________________

page is: http://www.courts.state.nh.us/supreme. a.m. on the morning of their release. The direct address of the court's home reporter@courts.state.nh.us. Opinions are available on the Internet by 9:00

well as formal revision before publication in the New Hampshire Reports. NOTICE: This opinion is subject to motions for rehearing under Rule 22 as definitions of the form’s terms. p. 2 including information upon a federal form that is false based upon federal 2

plain language of RSA 159:11 criminalizes conveying false information, criminalizes when conveyed in the acquisition of a firearm. We hold that the court’s reading, the statute does not limit the type of false information that it BRODERICK, C.J., and DALIANIS, DUGGAN and GALWAY, JJ., concurred. provision of false information in obtaining a firearm. Contrary to the trial

class B felony for any subsequent offense.” with this opinion. Accordingly, we reverse and remand for further proceedings consistent securing delivery of a pistol, revolver, or other firearm, gives false information

lawmakers did not see fit to include.”

light of the policy or purpose advanced in the statutory scheme. In RSA 159:11, the legislature used plain language to criminalize the plain and ordinary meaning to the words used by the legislature.

. . . shall be guilty of a misdemeanor for the first offense, and be guilty of a

RSA 159:11 states that “[a]ny person who, in purchasing or otherwise Hampshire gun acquisition laws. 298, 300 (1994) (quotation omitted). or other firearm whether or not the false information pertains to New

neither ignore the plain language of the legislation nor add words which the

consider words and phrases within the context of the statute as a whole, and in as a misdemeanor crime of domestic violence as defined in ATF Form 4473. whether Brown’s conviction for violation of his abuse prevention order qualifies Id. We dismissed for lack of jurisdiction, the trial court did not reach the issue (2003). When construing a statute, we first examine its language, ascribing the acquisition of a firearm under New Hampshire law. Because the case was law, we review its ruling de novo. See State v. Boulais, 150 N.H. 216, 218 Because the trial court engaged in statutory interpretation, a question of

conveying false information in the purchase or acquisition of a pistol, revolver, The sole question before us is whether RSA 159:11 criminalizes

only criminalizes conveying false information that is pertinent to the court rejected his plea, ruling that it lacked jurisdiction because RSA 159:11 159:11. Brown attempted to plead guilty to the State’s charge. However, the misdemeanor for giving false information to secure a firearm in violation of RSA On December 21, 2005, the State charged Brown with a class A