MA resident with LTC searched in New Hampshire

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Roxor

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one of my buddies had his 1911 on him and loaded, concealed. He was in a car with another friend and crossed through new hampshire, they were stopped for speeding and searched. The office located my friends handgun on him. He does not have a NH non res permit, but does have LTC class a no res in ma. He was arrested and posted bail from the state police barracks.

He has a court date next month. My question is can MA or NH do anything to his MA LTC?

AND YES, I know hes a knucklehead for this and I did chew him out pretty good.
 
His chief has the discretion to yank his Ltc for any reason.

I'm pretty sure it asks about being a defendant in any criminal cases, so He'll also have to put the court appearance on his renewal app forever, which can impact the decision to renew.
 
This is why our licensing laws suck.

First day working at a new site in Attleboro, I nearly missed my road and would have been in RI. If a similar situation, he may be able to get the charges dismissed. Of course, if he wasn't speeding it may have been a nonissue.


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Annndddd.... If he had switched from IWB to OWB and open-carried, he'd have been alright? Not sure about the in-car bit, but I'm pretty sure Mass residents can OC with no paper in NH.
Can somebody confirm?
 
jtnf said:
Annndddd.... If he had switched from IWB to OWB and open-carried, he'd have been alright? Not sure about the in-car bit, but I'm pretty sure Mass residents can OC with no paper in NH.
Can somebody confirm?
Click to expand...

No permit needed for open carry in NH. However, carrying in a vehicle constitutes concealment.
 
jtnf said:
Annndddd.... If he had switched from IWB to OWB and open-carried, he'd have been alright? Not sure about the in-car bit, but I'm pretty sure Mass residents can OC with no paper in NH. Can somebody confirm?
Click to expand...

He was in vehicle, need p&r to cc or loaded in vehicle.

If the pistol was unloaded and no mag, he could have had it cc'd
 
he needs a good lawyer who can get the charges dismissed---wrong turn, lisenced to carry in mass, etc. otherwise he may be sol.

curious---did they confiscate firearm???
 
I get that, He was searched without consent and was not read miranda rights. However, they were going pretty damn fast (not happy to admit that)

My thing is he was planning on transferring me a pistol once my ltc comes in this week. Now what... Is he going to lose his license?


And yes, Firearm was confiscated and he still does not have it. He was pretty dam far in new hampshire too to say wrong turn on this one.
 
I get that but local pd see a few younger guys in a beat up car and thats it. I dont have full details yet as he called me at 2 am to tell mme, ill let everyone know.

Im just wondering if he is going to lose his LTC or not,
 
Roxor said:
I get that but local pd see a few younger guys in a beat up car and thats it. I dont have full details yet as he called me at 2 am to tell mme, ill let everyone know. Im just wondering if he is going to lose his LTC or not,
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It will probably take a bit for the local pd to find out about this and then yank his Ltc if they're going to. One option you might pursue is finding an FFL that will take the firearm in from him now and transfer it to you when you get your Ltc. You'll have to pay for the transfer, but it will be in the ffls books not your friends.
 
ugh, Thats what I feared, he got it from four seasons so maybe I will give them a call. This sucks. If only he would have just unloaded the damn thing
 
Roxor said:
I get that, He was searched without consent and was not read miranda rights. However, they were going pretty damn fast (not happy to admit that)

My thing is he was planning on transferring me a pistol once my ltc comes in this week. Now what... Is he going to lose his license?


And yes, Firearm was confiscated and he still does not have it. He was pretty dam far in new hampshire too to say wrong turn on this one.
Click to expand...

I'm not up on NH laws, but above a certain speed, speeding becomes a criminal offense and an arrest can be made (at least in MA), thus requiring a search for weapons (officer safety). No consent needed in this case.

Miranda rights - too much TV and movies!! One only is REQUIRED to read those to a perp if you are going to question them about anything more than basic info to ID the person. If you aren't going to question them about the crime, there legally is no need to read them their Miranda rights.

Yes, it is a fair possibility that once his issuing authority learns of the incident that he can/will suspend/revoke his LTC.

Also, the gun he had on him is evidence in a crime and won't be returned until after the criminal case is adjudicated.
 
Roxor said:
Im just wondering if he is going to lose his LTC or not,
Click to expand...

IANAL but it will take some take for whatever he is charged with to go thru the system. He should not immediately lose his MA LTC however.... this is MA and it could certainly affect him. Looks like 1st time charge of possession of a handgun in NH is a misdemeanor, so that's a good thing.

Title XII Chapter 159 Section 159:4
159:4 Carrying Without License. – No person shall carry a loaded pistol or revolver in any vehicle or concealed upon his person, except in his dwelling, house or place of business, without a valid license therefor as hereinafter provided. A loaded pistol or revolver shall include any pistol or revolver with a magazine, cylinder, chamber or clip in which there are loaded cartridges. Whoever violates the provisions of this section shall, for the first such offense, be guilty of a misdemeanor. For the second and for each subsequent violation of the provisions of this section, such person shall be guilty of a class B felony, provided such second or subsequent violation has occurred within 7 years of the previous conviction.
Source. 1923, 118:4. PL 149:4. RL 179:4. 1951, 151:1. RSA 159:4. 1967, 220:3. 1973, 528:84. 1994, 48:1, eff. Jan. 1, 1995

http://www.handgunlaw.us/states/newhampshire.pdf
 
ok so driver did get hit with reckless driving (not my buddy driving) officer made everyone get out of the car and searched them
 
Roxor said:
ok so driver did get hit with reckless driving (not my buddy driving) officer made everyone get out of the car and searched them
Click to expand...

Littering and...
Littering and...
Littering and...

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edmorseiii said:
Littering and...
Littering and...
Littering and...

tumblr_lmrgomVSBj1qdejfm.gif
Click to expand...


Ill smack him upside the head soooo hard if thats whats up. I mean I highly doubt it as he is active duty.... but then again everything lately has been full of surprises. I have friends that do, and I wont comment on my younger days... But when youre carrying that's a whole different level of responsibility.
 
Roxor said:
one of my buddies had his 1911 on him and loaded, concealed. He was in a car with another friend and crossed through new hampshire, they were stopped for speeding and searched. The office located my friends handgun on him. He does not have a NH non res permit, but does have LTC class a no res in ma. He was arrested and posted bail from the state police barracks.

He has a court date next month. My question is can MA or NH do anything to his MA LTC?

AND YES, I know hes a knucklehead for this and I did chew him out pretty good.
Click to expand...


I'd say he's in pretty deep crap to be honest. I don't know what NH penalties are for carying concealed without a license but I can't imagine they're good. MA will probably revoke his non res ltc too.
 
wait i'm confused...you said he had a MA "no res" LTC and no NH concealed carry permit. Is he a NH resident or a MA resident?
 
BattleSnail said:
wait i'm confused...you said he had a MA "no res" LTC and no NH concealed carry permit. Is he a NH resident or a MA resident?
Click to expand...

I took "no res" as no restrictions. The OP title says he is a M*******.

The search sounds like it is clearly in line with a Terry stop - aka "stop and frisk". They were patted down for weapons for the "officer's safety". No warrant or consent needed.
 
Sorry he is a mass resident and has a ma license, He does NOT have a non res license in new hampshire
 
You know, you made it sound like HE was DRIVING and carrying, now you say he was a passenger? And he was searched? WTF?!

How about you sitting down and making a clear, well thought out, exact series of events as they unfolded so we can all understand.
 

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