Can Mass resident keep a loaded pistol next to his bed while at a NH rental property?

reluctant 43

reluctant 43

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Assuming the handgun is legally owned in MA and is transported in accord with both MA and NH laws on his way to a rental property, may a NH non resident keep a loaded pistol that is not locked up next to his bed for self defense while at a NH rental property. I ask because the rental property is not technically his home, I guess?
 
Literally, None of the stuff you mentioned matters. Load it and put it on the nightstand. No license is required to do so in NH.

-Mike
 
reluctant 43 said:
Assuming the handgun is legally owned in MA and is transported in accord with both MA and NH laws on his way to a rental property, may a NH non resident keep a loaded pistol that is not locked up next to his bed for self defense while at a NH rental property. I ask because the rental property is not technically his home, I guess?
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FYI: In most circumstances, home state laws do not follow someone into another state.
 
reluctant 43 said:
Assuming the handgun is legally owned in MA and is transported in accord with both MA and NH laws on his way to a rental property, may a NH non resident keep a loaded pistol that is not locked up next to his bed for self defense while at a NH rental property. I ask because the rental property is not technically his home, I guess?
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NH RSA 627:
627:9 Definitions. – As used in this chapter:
I. ""Curtilage'' means those outbuildings which are proximately, directly and intimately connected with a dwelling, together with all the land or grounds surrounding the dwelling such as are necessary, convenient, and habitually used for domestic purposes.
II. ""Deadly force'' means any assault or confinement which the actor commits with the purpose of causing or which he knows to create a substantial risk of causing death or serious bodily injury. Purposely firing a firearm capable of causing serious bodily injury or death in the direction of another person or at a vehicle in which another is believed to be constitutes deadly force.
III. ""Dwelling'' means any building, structure, vehicle, boat or other place adapted for overnight accommodation of persons, or sections of any place similarly adapted. It is immaterial whether a person is actually present.
IV. ""Non-deadly force'' means any assault or confinement which does not constitute deadly force.
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The rental counts as a dwelling thereby granting you the legal right to defend yourself or others if needed.

As others said NH has no laws on storage except that no one under the age of 18 have unauthorized access to said firearms.
 
stick it under your pillow, next to the toilet, carry it in your boxers, hell leave it loaded on top of the tv.

nh does not care.

When you cross the border you are free, rainbows shine, unicorns prance around, and bluebirds sing.

Then you turn around and head into the dark black evil cloud that is Mass.
 
Can Mass resident keep a loaded pistol next to his bed while at a NH rental property?


Only if its the second Tuesday of the month, has not rained in three days, the moon is 23 degrees above the horizon, the average wait at the toll booth on I93 is less than 40 seconds, all ice cream stores are open for business in the area and the nearest Lowes has paint buckets on sale......oh sorry, I hought he was asking about MA.....I need new glasses.
 
drgrant said:
Literally, None of the stuff you mentioned matters. Load it and put it on the nightstand. No license is required to do so in NH.

-Mike
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+1

I am continually amazed at how beat down the typical Mass gun owner has become.

Asking if all their Mass crap has to be followed wherever they go? Jeeeeebus......
 
As I have said before, the current MA gun laws are tolerated. They can be changed. We need to organize thousands to protest for the passage of H 2259.
 
Jose said:
Name one circumstance in which it does?
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Buying a handgun out of state comes to mind. Once the FFL transfers it to MA, if it's not MA-compliant, the MA FFL won't give it to the buyer.

Hence the MA resident's restrictions on purchasing handguns applies when out of state.
 
SeanT said:
Buying a handgun out of state comes to mind. Once the FFL transfers it to MA, if it's not MA-compliant, the MA FFL won't give it to the buyer.

Hence the MA resident's restrictions on purchasing handguns applies when out of state.
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Bad example. Those are dealer restrictions, not buyer restrictions. They only end up being
buyer restrictions as a matter of circumstance, but the buyer is not the target of the law.

A far better example is the federal law which dictates that remote FFLs have to "obey" things like the MA AWB when selling rifles to MA/NY/CT/etc residents. That law is rarely obeyed or enforced, however, because it's pretty much unenforceable on its front. Frankly I would think that it doesn't pass serious legal scrutiny because it goes against commonly accepted legal principles, that's probably why you never hear about charges based off of it against dealers.

-Mike
 
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Jose said:
Name one circumstance in which it does?
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Massachusetts wants you to pay sales tax on purchases made in NH and brought into MA, there is a line on the state tax form to declare the purchases and pay the tax, so I guess it could be construed that MA law WRT sales and use tax does cross state lines.
 
terraformer said:
Handguns. Automobile registration and safety standards. A whole host of business related laws. Shall I go on???
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Handguns: MA laws do not follow you. You come to Ohio, no one gives a shit if you have an LTC or not. You are bound by your state's laws when buying a handgun here, but that is Federal, not Ohio law. If federal law did not require the transfer to happen in MA, Ohio dealers would sell you anything you could afford so long as you passed a NICS check. You can possess any handgun you like, open carry it without a license, and go to any shooting range and rent and use any firearm you like without showing anyone anything. You can fondle and buy all the ammo you like without a license too! Know why? Because Ohio does not have licenses to buy ammo or possess guns!!!! Ammo sellers here don't GAF about Mass laws regarding ammo sales to unlicensed individuals because they are not bound by it. Here you can buy all the ammo you want and do whatever you want with it no matter where you actually live.

Even if you Stay in a hotel here and your stupid storage laws do not apply. Why? We don't have storage laws. A hotel room in OH is your legal domicile while you are here and Ohio gun laws rule, not MA's.

Auto safety standards? I don't think so. Drive your car in Ohio with an expired MA inspection sticker and no one gives a shit. Why? Because so long as your registration and insurance are up to speed, you are legal to drive in Ohio. We do not have safety inspections and we don't care if your state does.

You lost me on business related laws. I can find no situation in which MA business laws would apply to a MA resident doing business in another state. Maybe you can explain.
 
Jose said:
Handguns: MA laws do not follow you. You come to Ohio, no one gives a shit if you have an LTC or not. You are bound by your state's laws when buying a handgun here, but that is Federal, not Ohio law. If federal law did not require the transfer to happen in MA, Ohio dealers would sell you anything you could afford so long as you passed a NICS check. You can possess any handgun you like, open carry it without a license, and go to any shooting range and rent and use any firearm you like without showing anyone anything. You can fondle and buy all the ammo you like without a license too! Know why? Because Ohio does not have licenses to buy ammo or possess guns!!!! Ammo sellers here don't GAF about Mass laws regarding ammo sales to unlicensed individuals because they are not bound by it. Here you can buy all the ammo you want and do whatever you want with it no matter where you actually live.

Even if you Stay in a hotel here and your stupid storage laws do not apply. Why? We don't have storage laws. A hotel room in OH is your legal domicile while you are here and Ohio gun laws rule, not MA's.

Auto safety standards? I don't think so. Drive your car in Ohio with an expired MA inspection sticker and no one gives a shit. Why? Because so long as your registration and insurance are up to speed, you are legal to drive in Ohio. We do not have safety inspections and we don't care if your state does.

You lost me on business related laws. I can find no situation in which MA business laws would apply to a MA resident doing business in another state. Maybe you can explain.
Click to expand...

Care to try again? Take the examples the other way around. Drive a Ohio registered car in MA. No safety inspection, OK. OH law supersedes MA law. Take a business HQd in MA with an office in OH. OH law isn't favorable to your claim, you go to MA and sue them there despite the harm having occurred in OH.

BTW: Federal law makes all of this possible. I also never said it was ALL or even ALL handgun laws.

So you THINK that because federal law controls handgun/rifle purchasing that it doesn't apply to the above question. It most certainly does. Another example I didn't give earlier is sex offender registries. Federal law allows, nay demands, that if commit a crime in one state where it is not a register able offense and move to a state where it is, then leave that state for one where it isn't (GA being an excellent example of the middle state as spitting on the sidewalk may even be a register able offense there) then you must now register in state 3 and all subsequent states one ever lives. A lot of people with exposure charges (it could have been woman flashing the crowd on mardi gras), public urination charges, etc became register able sex offenders because they lived in one state when the law took effect while others with the same charges had not.

Shall I go on???
 
Glockaholic said:
Massachusetts wants you to pay sales tax on purchases made in NH and brought into MA, there is a line on the state tax form to declare the purchases and pay the tax, so I guess it could be construed that MA law WRT sales and use tax does cross state lines.
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You are supposed to pay use tax on items brought in from out of state, but if a MA resident bought an item in NH and used it in NH, they wouldn't owe a use tax to MA. Its the "use" of the item in MA that triggers the tax, not the sale.

Sadly you can't claim exemption from sales tax on an item bought in MA for use in NH... although when I lived in RI and bought a car in MA, MA took the 5% and I paid 2% when I registered the car in RI (7% sales and use tax), RI credited me the 5% already paid... weird.
 
Jose said:
Handguns: MA laws do not follow you.
Click to expand...

They don't in Ohio. But a chief an restrict a Mass. LTC to say anything that he wants, and if s/he finds out that you violated those restrictions, whatever they may be, he can yank the license.

A police chief in MA can restrict your use of handguns or long guns on an LTC.

MGL 140-131(a) says in part:

(a) A Class A license shall entitle a holder thereof to purchase, rent, lease, borrow, possess and carry: (i) firearms, including large capacity firearms, and feeding devices and ammunition therefor, for all lawful purposes, subject to such restrictions relative to the possession, use or carrying of firearms as the licensing authority deems proper; and (ii) rifles and shotguns, including large capacity weapons, and feeding devices and ammunition therefor, for all lawful purposes; provided, however, that the licensing authority may impose such restrictions relative to the possession, use or carrying of large capacity rifles and shotguns as it deems proper. A violation of a restriction imposed by the licensing authority under the provisions of this paragraph shall be cause for suspension or revocation and shall, unless otherwise provided, be punished by a fine of not less than $1,000 nor more than $10,000; provided, however, that the provisions of section 10 of chapter 269 shall not apply to such violation.
Click to expand...

Now I doubt that a motor vehicle stop in Ohio will result in your local police chief in Mass. finding out, but under current Mass. law if the chief finds out, you're SOL.
 
GSG said:
They don't in Ohio. But a chief an restrict a Mass. LTC to say anything that he wants, and if s/he finds out that you violated those restrictions, whatever they may be, he can yank the license.

A police chief in MA can restrict your use of handguns or long guns on an LTC.

MGL 140-131(a) says in part:



Now I doubt that a motor vehicle stop in Ohio will result in your local police chief in Mass. finding out, but under current Mass. law if the chief finds out, you're SOL.
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I'm sorry but this requires more tin-foil than is available for sale in the entire state of MA!! [thinking] [rolleyes]
 
LenS said:
I'm sorry but this requires more tin-foil than is available for sale in the entire state of MA!! [thinking] [rolleyes]
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I was posting that regarding what I posted on page 2.

GSG said:
There's at least one person in Mass. with an LTC-A that's restricted to "work purposes only, no home storage, no travel." That's one example.
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My point is that if the chief finds out that such a restriction is violated (obviously not from a MVS, I'm talking something more along the lines of a SD shooting) then you're done.
 
Please, if we are going to be spitting about MA laws, their anal police chiefs and the like, can it please be moved to the MA forum. It has nothing to do with NH.
 
Disgorge said:
Can a Mass. resident open carry without an out of state CCW?
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Yes, just don't get in a motor vehicle with your loaded handgun or conceal it, or you will be breaking the law. Nobody needs any license to OC in NH, resident or not.... just be aware of the limitations I just mentioned.

Getting the permit offers you more versatility/freedom in the long run.

-Mike
 

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