'17 NH Constitutional Carry, SB12 is law & U can carry if U can own, including MA res

design

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All,

[update: The test to see if you can carry a firearm in NH concealed or in a car is simple: Can you legally posses a firearm yes/no? I.e. for almost everyone, this can be thought of as: "Can you go to the store to purchase a firearm and will you be allowed to complete the transaction and take it home?" While not a perfect analogy it is good for 97%+ of the people.

Does residency matter? No, if you can possess a firearm in your home state, you can now carry in NH.
Do I need my MA license? No, unless you want to have it, it is no longer needed. Should you get a NH non-resident license, yes as it adds several states that you can carry in.

What exemptions? There is a short list of places that are off limits: For example, in RSA 159 courts that are off limits regardless of license. ATVs, snowmobiles are also off limits without a license. There are several places in this thread where others have gone into great detail on the list of off limit places.

Schools are a potential issue and I would not risk carry without a license otherwise you potentially are at risk of violating GFSZ act.

Lastly, thank you to all who helped pass SB12] Design updated 2/24/2017





The text of the bill is out. I have not reviewed it to make sure it was a copy of SB116 from last year. We need to confirm that there were no changes to the text.

http://gencourt.state.nh.us/bill_Status/billText.aspx?sy=2017&id=154&txtFormat=html
PDF below
View attachment SB12.pdf

[Copy below. Not all of the RTF characters copy over. Works in brackets are being removed from the law. Page does not allow me to post that as a strike out:]

1 Pistols and Revolvers; License to Carry. Amend RSA 159:6 to read as follows: 159:6 License to Carry.
I.(a) The selectmen of a town, the mayor or chief of police of a city or a full-time police officer designated by them respectively, the county sheriff for a resident of an unincorporated place, or the county sheriff if designated by the selectmen of a town that has no police chief, upon application of any resident of such town, city, or unincorporated place, or the director of state police, or some person designated by such director, upon application of a nonresident, shall issue a license to such applicant authorizing the applicant to carry a loaded pistol or revolver in this state for not less than [4] 5 years from the date of issue, if it appears that the applicant has good reason to fear injury to the applicant’s person or property or has any proper purpose, [and that the applicant is a suitable person to be licensed] unless the applicant is prohibited by New Hampshire or federal statute from possessing a firearm. Hunting, target shooting, or self-defense shall be considered a proper purpose. The license shall be valid for all allowable purposes regardless of the purpose for which it was originally issued.
(b) The license shall be in duplicate and shall bear the name, address, description, and signature of the licensee. The original shall be delivered to the licensee and the duplicate shall be preserved by the people issuing the same for [4] 5 years. When required, license renewal shall take place within the month of the [fourth] fifth anniversary of the license holder’s date of birth following the date of issuance. The license shall be issued within 14 days after application, and, if such application is denied, the reason for such denial shall be stated in writing, the original of which such writing shall be delivered to the applicant, and a copy kept in the office of the person to whom the application was made. The fee for licenses issued to residents of the state shall be $10, which fee shall be for the use of the town or city granting said licenses; the fee for licenses granted to out-of-state residents shall be $100, which fee shall be for the use of the state. The director of state police is hereby authorized and directed to prepare forms for the licenses required under this chapter and forms for the application for such licenses and to supply the same to officials of the cities and towns authorized to issue the licenses. The form shall require no more information than was required on the state of New Hampshire application for pistol/revolver license, form DSSP 85, as revised in December 2009. No other forms shall be used by officials of cities and towns. The cost of the forms shall be paid out of the fees received from nonresident licenses.
II. No photograph or fingerprint shall be required or used as a basis to grant, deny, or renew a license to carry for a resident or nonresident, unless requested by the applicant.
III. The availability of a license to carry a loaded pistol or revolver under this section or under any other provision of law shall not be construed to impose a prohibition on the unlicensed transport or carry of a firearm in a vehicle, or on or about one’s person, whether openly or concealed, loaded or unloaded, by a resident, nonresident, or alien if that individual is not otherwise prohibited by statute from possessing a firearm in the state of New Hampshire.
2 Pistols and Revolvers; Reciprocity. RSA 159:6-d is repealed and reenacted to read as follows:
159:6-d Reciprocity. The director of the division of state police shall negotiate and enter into reciprocal agreements with other jurisdictions to recognize in those jurisdictions the validity of the license issued under RSA 159:6. The director shall apply to every jurisdiction with which New Hampshire does not have a reciprocity agreement, at least once every 5 years to obtain recognition in those jurisdictions of the license issued under RSA 159:6. Any such agreement executed shall not expire unless an expiration date is required under the statutes of the reciprocal jurisdiction.
3 Repeal. RSA 159:4, relative to requiring a license to carry a concealed pistol or revolver, is repealed.
4 Effective Date. This act shall take effect upon its passage.
 
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design

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Every member who lives in MA, but who comes to visit NH should be all over supporting this bill.
1. It will save you the renewal fees
2. It will make one more state near MA that has adopted Constitutional Carry, meaning VT, ME and NH would have all passed CC and almost 1/2 of the states in New England would be free. Time to work on RI, MA, CT and NY.
 
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Every member who lives in MA, but who comes to visit NH should be all over supporting this bill.
1. It will save you the renewal fees
2. It will make one more state near MA that has adopted Constitutional Carry, meaning VT, ME and NH would have all passed CC and almost 1/2 of the states in New England would be free. Time to work on RI, MA, CT and NY.
Except New York isnt part of New England. And it would be 50% of states if this Passes.
 
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I don't see where it repeals RSA 215-A:20, which needs to be nuked from orbit.
Good point. It's likely a huge oversight. I doubt they even considered that there are fish and game laws that are really firearms laws that you'd expect to be in section 159. I always forget about that one. I think 215-A:20 is more forgotten about than even 207:7.
 

Kevin_NH

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Also, the word "suitable" appears in the text. This needs to be removed IMHO
If you click through to the bill text, suitable appears only in a strikeout:

SB12 said:
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [[strike=in brackets and struckthrough]in brackets and struckthrough.[/strike]]


Amend RSA 159:6 to read as follows:

159:6 License to Carry.

I.(a) The selectmen of a town, the mayor or chief of police of a city or a full-time police officer designated by them respectively, the county sheriff for a resident of an unincorporated place, or the county sheriff if designated by the selectmen of a town that has no police chief, upon application of any resident of such town, city, or unincorporated place, or the director of state police, or some person designated by such director, upon application of a nonresident, shall issue a license to such applicant authorizing the applicant to carry a loaded pistol or revolver in this state for not less than [4] 5 years from the date of issue, if it appears that the applicant has good reason to fear injury to the applicant’s person or property or has any proper purpose, [[strike=and that the applicant is a suitable person to be licensed]and that the applicant is a suitable person to be licensed[/strike]] unless the applicant is prohibited by New Hampshire or federal statute from possessing a firearm. Hunting, target shooting, or self-defense shall be considered a proper purpose. The license shall be valid for all allowable purposes regardless of the purpose for which it was originally issued.
. . .
 
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soloman02

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Good point. It's likely a huge oversight. I doubt they even considered that there are fish and game laws that are really firearms laws that you'd expect to be in section 159. I always forget about that one. I think 215-A:20 is more forgotten about than even 207:7.
Holy shit. I didn't even know this one existed. And I know a lot of NH RSA's.

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DispositionMatrix

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Good point. It's likely a huge oversight. I doubt they even considered that there are fish and game laws that are really firearms laws that you'd expect to be in section 159. I always forget about that one. I think 215-A:20 is more forgotten about than even 207:7.
For the lazy:
http://www.gencourt.state.nh.us/rsa/html/xviii/215-a/215-a-20.htm
TITLE XVIII
FISH AND GAME


CHAPTER 215-A
OFF HIGHWAY RECREATIONAL VEHICLES AND TRAILS


Section 215-A:20

215-A:20 Loaded Firearms Forbidden. – No person shall carry on an OHRV, or a trailer towed by same, any firearms unless said firearm is unloaded. This section shall not apply to law enforcement officers carrying firearms in the course of duty or to pistols carried under a permit issued pursuant to the authority of RSA 159.
Source. 1981, 538:3, eff. June 30, 1981.
http://www.gencourt.state.nh.us/rsa/html/xviii/207/207-7.htm
TITLE XVIII
FISH AND GAME


CHAPTER 207
GENERAL PROVISIONS AS TO FISH AND GAME


Definitions, Inclusions, Methods of Taking, Etc.

Section 207:7

207:7 Hunting From Motor Vehicle, OHRV, Snowmobile, Boat, or Aircraft. –
I. No person shall take or attempt to take wild birds or wild animals from a motor vehicle, OHRV, snowmobile as defined in RSA 215-C:1, boat, aircraft or other craft propelled by mechanical power.
II. No person shall have or carry, in or on a motor vehicle, OHRV, snowmobile, or aircraft, whether moving or stationary, a cocked crossbow, a loaded rifle or loaded shotgun, or a rifle or shotgun with a cartridge in a magazine or clip attached to the gun.
III. No person shall have in or on a boat or other craft while being propelled by mechanical power, or in a boat or other craft being towed by a boat or other craft propelled by mechanical power, a cocked crossbow, a loaded rifle or loaded shotgun, or a rifle or shotgun with a cartridge in a magazine or clip attached to the gun.
IV. The provisions of this section shall not apply to law enforcement officers carrying guns in the line of duty.
Source. 1935, 124:1. 1937, 188:4. RL 241:6. 1947, 47:1. 1949, 16:1. RSA 207:7. 1969, 11:1. 1971, 308:1. 1983, 449:19. 2003, 35:3. 2005, 210:6, eff. July 1, 2006.
 

MarkT

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This would be huge. I'm a MA resident and need to renew at the end of the year. If this is successful, what would the estimated timeline look like? Pass this year?
 
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"This section shall not apply to law enforcement officers"

I'm getting SO sick of that phrase being used all over the place.
 

soloman02

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This would be huge. I'm a MA resident and need to renew at the end of the year. If this is successful, what would the estimated timeline look like? Pass this year?
It takes effect upon passage. So this means when the governor has either signed it or let it become law without his signature 5 days after it reaches his desk. Which for all practical purposes means June or the end of June of this year.

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omega42

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omega42

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Excellent!

If both pass, that would leave 215-A:20 as pretty much the sole remaining firearms law that needs elimination (relating to purchasing, possessing, carrying, and transporting).
It would make sense to amend HB84 to repeal 215-A:20 since the language overlaps 207:7 II and IV.
 

design

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Lets get CC passed and then go back and clean up RSA 215.
BTW, if you are not a member of NHFC, now is a good time to join and help the cause.
http://www.nhfc-ontarget.org/join-nhfc/


In full disclosure, I am a volunteer member on their BoD and no board member receives any money or compensation. All of it goes into helping us fight for our rights.
-Design
 

KBCraig

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omega42

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I'm not a fan of the lengths the disabled hunter must go to, nor the creation of a new permit.

Hunting from the road is already illegal. 207:7 should be repealed, not modified, because it creates a crime that seldom has anything to do with road hunting or poaching.
The language repealed by HB84 is a step toward fully restoring RKBA in New Hampshire. The rest of 207:7 is wildlife management so it is a different discussion.
 

strangenh

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Totally agree.




Since it affects CC while on an OHRV it makes more sense to include it, not deal with it separately. No?
Progun legislators have thought that before, sure. But bills crossing into multiple RSA areas end up before multiple committees and, rather than garnering extra support across issues, they tend to garner extra resistance across issues. You might get 250 yeas for each separately but 225 for them together. Design's tried the combo bill approach before and he knows how it tends to go down. There's really very little to gain, since there is already a bill dealing with the off road firearms stuff that's on the right committee. That one should be amended since it's the same topic area and won't add any new opposition to it. I.e., as few committees per bill, ideally, and as few topics that might pop votes off from each.
 

spt_1955

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Also, the word "suitable" appears in the text. This needs to be removed IMHO
[laugh2] HOw can any bill that includes the clause " [and that the applicant is a suitable person to be licensed] " be called a "constitutional carry" bill?
 

strangenh

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All,
The text of the bill is out. I have not reviewed it to make sure it was a copy of SB116 from last year. We need to confirm that there were no changes to the text.
Other than taking effect 60 days from passage rather than upon passage, it appears to me to be substantively the same.
 

design

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StrangeNH,
It looks like the current HTML version shows taking effect upon passage.
 

strangenh

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Sorry not clear - the 2016 version (HB582) was set to take effect 60 days from passage. That's the only notable difference between the two, so this should slide through.
 
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