camping in NH

[Apcsox]

myself, the wifey and a few friends are camping next weekend up in NH...., I know that open carry is perfectly legal in NH, but from my searches around this website (and I am prepared for the IANALs) but it seems that the "grey" area is when it comes to being in a vehicle and how a loaded firearm is considered "concealed" when you're in the car... how would I avoid running afoul of the law going to the campsite and leaving (and also when I'm actually sleeping in the tent since that may be considered concealed)

 

[dcmdon]

Unload the firearm. Keeping it in the passenger compartment unloaded with the magazine also in the passenger compartment gets you into a grey area. I don't know the details, but there have been many heated discussions on this board about that very subject.

So if you want to stay legal while in the car, unload it and put it in the trunk/cargo area.

 

[Apcsox]

do I need to store it in any specific way while unloaded (locked in trunk or anything)?

 

[jibbr71]

without a non-res license, any firearm loaded in a car is a NO-NO. remove the magazine (or whatever loading device is applicable), and keep the two separated. As far as in the tent, that seems VERY GRAY, so I'm not gonna touch it. Just make sure you're grabbing the correct gun for the circumstances in the dark

 

[dcmdon]

Not if you have a trunk.

If you don't have a trunk, then I'm not sure.

- - - Updated - - -

without a non-res license, any firearm loaded in a car is a NO-NO. remove the magazine (or whatever loading device is applicable), and keep the two separated. As far as in the tent, that seems VERY GRAY, so I'm not gonna touch it. Just make sure you're grabbing the correct gun for the circumstances in the dark

The tent should be fine. I wonder if a tent is considered to be a residence. I'm not kidding.

Unlike your car, the police can't search the rear section of an RV without a warrant because its considered to be a residence.

 

[jibbr71]

do I need to store it in any specific way while unloaded (locked in trunk or anything)?

AFAIK, you can just have the two laying on the seat, as long as the firearm isn't loaded. I might throw the mag in the glove box to be sure. Remember, IANAL, and YMMV.

 

[jibbr71]

Not if you have a trunk.

If you don't have a trunk, then I'm not sure.

- - - Updated - - -



The tent should be fine. I wonder if a tent is considered to be a residence. I'm not kidding.

Unlike your car, the police can't search the rear section of an RV without a warrant because its considered to be a residence.

I think it would be a stretch to consider a tent a residence, but I've seen stranger precedents set

How does that work with a motel room? I would think that is the closest analog

 

[dcmdon]

I think it would be a stretch to consider a tent a residence, but I've seen stranger precedents set

How does that work with a motel room? I would think that is the closest analog

A hotel room's easy. Any 4A zealot like myself should have the case right on the tip of their tongues. Its Stoner v. California. It went all the way to the SCOTUS.

Stoner v. California - Wikipedia, the free encyclopedia

 

[xtry51]

There are no storage laws. It does not have to be in the trunk. Like CT it just has to be unloaded. No mag, no chambered round. They can be sitting on the seat next to you.

 

[jibbr71]

A hotel room's easy. Any 4A zealot like myself should have the case right on the tip of their tongues. Its Stoner v. California. It went all the way to the SCOTUS.

Stoner v. California - Wikipedia, the free encyclopedia

The 4a implications are pretty clear. Just for the sake of argument, let's say our friend is camped next to some moonbat who calls the cops and says they saw him smoking pot(or insert some other questionably nefarious activity, like carrying a gun). The cops get a judge to swear out a warrant, and search the tent/campsite. If the find a loaded handgun in plain sight, is there a "carrying concealed without a license" charge coming down the pike?

 

[Ultrarunner]

From personal experience, courts in NH tend to strongly side with the 4th Amendment....^

 

[Apcsox]

so have weapon unloaded while in car, enjoy my freedom while in the woods open carrying and have a questionable time while in my tent when it comes to having my gun on me.... sound about right?

 

[Admin]

There are no storage laws. It does not have to be in the trunk. Like CT it just has to be unloaded. No mag, no chambered round. They can be sitting on the seat next to you.

It will get you ded.

 

[Kevin_NH]

A loaded pistol or revolver shall include any pistol or revolver with a magazine...

There are no storage laws. It does not have to be in the trunk. Like CT it just has to be unloaded. No mag, no chambered round. They can be sitting on the seat next to you.

Technically there is a storage law, but it only applies after something bad happens with a youth, so it's irrelevant here.

Keeping it in the passenger compartment unloaded with the magazine also in the passenger compartment gets you into a grey area. I don't know the details, but there have been many heated discussions on this board about that very subject.

Yeah, we argue about the meaning of "with" in RSA 159:4, some claim this is the worst gun law in the state.

so have weapon unloaded while in car, enjoy my freedom while in the woods open carrying and have a questionable time while in my tent when it comes to having my gun on me.... sound about right?

I don't think there's anything questionable about the tent. Assuming your tent isn't a motor vehicle, just because you and the gun are inside a big cloth box does not count as "concealed".

Enjoy your visit!

 

[jron]

I just bit the bullet and got my nh permit for $100. I live close and up there all the time worth the $100 insurance for 6 years then the legal fallout of a slip up.

just look at it as $1.42 a month for insurance and piece of mind.

 

[KBCraig]

it seems that the "grey" area is when it comes to being in a vehicle and how a loaded firearm is considered "concealed" when you're in the car...

It is not grey. It is also not "considered concealed" when in the car.

A revolver and pistol license is needed for two precise things:
1. To carry a handgun that is BOTH loaded AND concealed;
2. To carry a loaded handgun in a motor vehicle.

Number 2 says nothing about being concealed. If it's unloaded, you can carry it concealed in your pocket if you wish. If it's loaded, you need a license even if it's hanging in plain sight from the rear view mirror.

 

[mikelawtown]

so a Mass res can carry concealed "only" if you have a non res permit in NH and If you have nothing but a Mass Firearms License you have to carry "open". can you decide if you want to open carry or Concealed?

 

[Duece]

Only if you have the non-res permit

If you do not have the NH non-res, you cannot conceal

so a Mass res can carry concealed "only" if you have a non res permit in NH and If you have nothing but a Mass Firearms License you have to carry "open". can you decide if you want to open carry or Concealed?

 

[Spanz]

I got my nh concealed carry just so I could hike with it. If you throw a poncho on during a rain storm, you are technically concealed carrying.

 

[Kevin_NH]

Also, if you already have a Massachusetts resident LTC, getting the New Hampshire non-resident Pistol and Revolver license expands where you can carry to include Alabama, Arkansas, Georgia, Louisiana, North Dakota, Pennsylvania and Wyoming (according to USACarry).