Loaded magazine for rifle in NH

[Harleynut]

I have been told that you can not have a loaded rifle magazine in your possession while on or in a motor vehicle. Usually I end up hunting off my 4 wheeler. When hunting I was carrying a second 5 round magazine in my back pack and when leaving I would remove the magazine from the gun and put it in my pocket. This may also be the case on walking out of the woods more then 1/2 hour after sunset the gun is to be unloaded for the walk out and possession of the loaded magazine may get you some grief.
Does everyone really strip the bullets out of the mags out in the woods or before getting into your car?

 

[Andy in NH]

...I would remove the magazine from the gun and put it in my pocket.

Legal - as long as the chamber is empty also.

Does everyone really strip the bullets out of the mags out in the woods or before getting into your car?

I don't. As long as the magazine is separate from the rifle, you are good to go.

If I have a rifle in the truck, I have a filled magazine on my person. Ya never know - right?

NH RSA 207:7 (Emphasis mine)

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.

However, beware - A prominent NH firearms attorney told me that there was a person arrested under this statute while target shooting and using the hood of his truck as a rest. Seems that this satisfyed having a loaded firearm "on" a motor vehicle.

The attorney mentioned another case in which a hunter was told by a F&G Officer to put his rifle down so that he could produce his license. The hunter complied by leaning his rifle (maybe it was a shotgun?) against his truck - and was subsequently charged for violating the RSA.

Last thing - there has been some recent changes to what constitutes a "loaded" muzzle loader in NH. I'm not sure what the outcome of that was.

 

[Kicker96FS]

The attorney mentioned another case in which a hunter was told by a F&G Officer to put his rifle down so that he could produce his license. The hunter complied by leaning his rifle (maybe it was a shotgun?) against his truck - and was subsequently charged for violating the RSA.

Perhaps the F&G officer did not like the fact that one of the most basic rules of gun handling was being broken, leaning a loaded gun against an object that my move, can not support the firearm, or may slip off on it's own accord due to a lack of a retaining surface. That gun could have slipped off the side of the car/truck and gone off when it struck the ground. He should have first unloaded it.

Basic hunters safety rules as to the care and feeding of your firearm.

 

[GraftonNH]

However, beware - A prominent NH firearms attorney told me that there was a person arrested under this statute while target shooting and using the hood of his truck as a rest. Seems that this satisfyed having a loaded firearm "on" a motor vehicle.

The attorney mentioned another case in which a hunter was told by a F&G Officer to put his rifle down so that he could produce his license. The hunter complied by leaning his rifle (maybe it was a shotgun?) against his truck - and was subsequently charged for violating the RSA.

Last thing - there has been some recent changes to what constitutes a "loaded" muzzle loader in NH. I'm not sure what the outcome of that was.

I'd love to know what the specifics for each case was and if they were convicted. There is usually something more to the story, to Kicker96FS' point. I'm not saying being arrested won't ruin your day but there is a huge difference between an arrest and a conviction under a poorly written statute.

The intent was clearly hunting (not target related) "GENERAL PROVISIONS AS TO FISH AND GAME - Definitions, Inclusions, Methods of Taking, Etc." I believe the definition (change) of a loaded muzzleloader was in HB1201, which appears to have failed:

http://www.gencourt.state.nh.us/legislation/2010/HB1201.html
Some discussion:
http://www.pgnh.org/go_nh_argues_against_correcting_a_new_hampshire_gun_ban_contact_nra

 

[Kevin_NH]

Did my NH hunter ed course today, these were covered.

Went for my NH hunter ed course today, and both these questions came up. The F&G officer doing the Q&A proactively brought up the "leaning" issue and said this is the law, and an officer could cite you for leaning a loaded gun on a vehicle, but personally he wasn't inclined to enforce that strictly unless the hunter was a jerk.

A student asked about the magazine question, and the officer stated that to be in compliance, a hunter should take the magazine out of the gun, and clear the chamber. No requirement that a magazine in your pocket be empty.

For a muzzle-loader, this officer stated that the current law is that it be incapable of being fired, but can still have ball and powder. Specifically stated that having the percussion cap/primer removed is acceptable.