Prosecutor Rena DiLando told the media that Pratt's license renewal was denied after none of his three references returned calls made by the police. She said, "Our department does not deny people out of hand" reported the Portsmouth Herald.
On his part, Pratt has challenged the requirement for three references on concealed-carry licenses for state issued applications.
Whether that request for denial was made explicitly or held as so due to conduct is to be decided at court.
Pratt has asserted that state laws imply that gun licenses shall be issued to applicants who meet all the required criteria, and license must not be denied without proof of good cause.
Court documents show Pratt was notified by the Portsmouth police that his references did not respond and the department was required by law either to deny or approve his application within 14 days.
Pratt had not responded to the notice.
Pratt has argued in his complaint that state law "has no requirement that references respond," and also there was no indication about the time, place, or manner in which a reference was required to respond - hence the 14 days limitation worked out as arbitrary, if triggered by non-response of references.
Pratt's argument revolves around the claim that the police are shifting the burden on to him, and rather than he being compelled to prove that he merits the gun license, it is the police who should prove that he does not merit a gun license in case of denial.
