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NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme Court of New Hampshire, One Charles Doe Drive, Concord, New Hampshire 03301, of any editorial errors in order that corrections may be made before the opinion goes to press. Errors may be reported by E-mail at the following address: reporter@courts.state.nh.us. Opinions are available on the Internet by 9:00 a.m. on the morning of their release. The direct address of the court's home page is: http://www.courts.state.nh.us/supreme. THE SUPREME COURT OF NEW HAMPSHIRE ___________________________ Rockingham Nos. 2008-606 2008-721 DAN GARAND v. TOWN OF EXETER & a. Argued: March 17, 2009 Opinion Issued: July 31, 2009 Law Offices of Penny S. Dean, of Concord (Penny S. Dean on the brief and orally), for the plaintiff. Flygare, Schwarz & Closson, PLLC, of Exeter (Daniel P. Schwarz on the brief and orally), for the defendants. HICKS, J. The plaintiff, Dan Garand, appeals orders of the Superior Court (McHugh, J.): (1) dismissing his appeal from a decision of defendant Richard Kane, Chief of Police for defendant Town of Exeter, that denied the plaintiff a license to carry a loaded pistol or revolver (license to carry), see RSA 159:6 (Supp. 2008); and (2) denying his motion to introduce late authority to the court. We affirm.

The trial court found or the record supports the following facts. On April 14, 2008, the plaintiff filed an application with Kane for a license to carry. By letter dated April 22, 2008, Kane denied the application, specifically citing "many contacts [the plaintiff had] with the Exeter police department starting in 2001," including a number of arrests. Kane concluded: You have consistently showed a disregard for the law. You have displayed a violent behavior. You have threatened to kill a police officer. You have a history of drug use, which you denied to me on the phone. This type of behavior is of great concern to me in allowing you to carry a concealed weapon. As a result of the above information, I am rejecting your application under my powers as outlined in RSA 159:6. According to RSA 159:6-c you may appeal this denial to the Exeter District Court within 30 days. Instead of filing an appeal with the district court, the plaintiff filed with the superior court a pleading captioned, "PETITION FROM DENIAL OF LICENSE TO CARRY

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