Chevy 2 65
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MA resident with LTC searched in New Hampshire
- Thread starter Roxor
- Start date
^^This^^....Or at least be smart enough to unload, and lock your weapon.
This is exactly what I was thinking when I read this. Especially if they were cranking along it's not like they were pulled over with the cop behind them in half a second. Especially since he wasn't the driver. Pop the mag and empty the chamber and do whatever with the pistol. In NH it really doesn't matter. In this case he really did NOTHING to help himself. As much as we dislike the laws NH has very easy work arounds and you can't fix stupid.
Sad thing is that locking it up isn't even a requirement.
![[thinking]](/xen/styles/default/xenforo/smilies.vb/010.gif "Thinking [thinking]")
With a few exceptions, though, most people carrying in NH without a P/R in an MV are not bright enough to do something like this. They don't even know they're breaking the law to begin with, so it doesn't occur to them that they should take an expedient measure like this.
-Mike
Only if loaded. NHSC recently ruled that having the magazine ejected and right next to the firearm itself is satisfactorily unloaded. Yes, I know.
It could be, but you know as well as I do that the police are allowed to lie to people, and you can basically perform any search you want as long as you get permission. I'm not sure of the constraints under Terry but if he consented, none of that matters.
-Mike
Yep, I agree about the lying part. In answer to your question, a search conducted with a Terry stop is limited to a patdown of the outer garments (they can't reach inside your boxers). Anything that can be felt that is suspected of being a weapon is fair game at that point. They can also search anything that is in plain view (on the seat of the car for example).
Our rights do not come from the constitution. Our rights come from God, or Nature, or however you want to define it. The constitution just recognizes those rights and expressly prohibits government from violating them.
I do believe that is not totally correct. I can not remember the exact case in which this happened, but I do remember it happening. Just because something is in plain view, does not mean it is all in plain view. The case example, a locked toolbox. The toolbox itself is in plain view, however, the content of that said toolbox is not. You can look at that toolbox all you want, but the content is not visable, so not searchable.
If anyone remembers the case I'm referring to, please advise.
Before I got my CC in NH I use to do this before crossing. The guy would have had more than enough time between "oh, crap. I'm getting pulled over" and when the LEO left the cruiser as I do not think it is too unusual for people to be shuffling once they see the lights, especially passengers trying to get a look. He could have even asked the driver to take a little while to pull over "at a safe location." 20/20 indeed.
Even concealed is fine w/o a permit in NH if unloaded.
Empty chamber too.
Don't take anyone's word for it. Re-quoting the actual law here (bold mine):
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.
Rounds have to be removed from the magazines, correct?
Following along with this, the Dor case clarified the definition of "loaded" in NH (actually "with" but semantics lol) because the AG decided to take the broadest definition possible in charging someone. The AG lost.
NES thread on the discussion of this case:
http://www.northeastshooters.com/vb...nition-must-be-in-gun-for-weapon-to-be-loaded
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No. Magazine separate from gun is considered unloaded. Read the link above.
Thanks, no I was not going to take anybody's word
Being on the cautionary side, I would still lock it in my trunk though. Just to avoid the hassle.
That bolded sentence seems clear to me when it says a "magazine, cylinder, chamber or clip in which there are loaded cartridges". Meaning (to me at least) the magazine should not have any rounds in it.
Rhode Island has similar wording regarding carrying long guns in vehicles, and it is widely interpreted here that all magazines have to be unloaded as well as the chamber in the gun. As far as I know it has not been tested in our State courts.
But I'm not going to argue with the court's interpretation. I guess that's why I'm not a lawyer.
Only if the magazine loaded with cartridges is actually inserted into the firearm. I.e. you can have an empty mag in the firearm or a full mag NOT in the firearm.
In NH yes concealed is fine as long as the gun is unloaded.....I carry a revolver so removed the carteridges and put them in the glove box and kept the revolver on my hip........that is how I rolled up there till my P and R came in.
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namedpipes
NES Member
As I understand it, *when* word filters back to the Chief in the OP's friend's town, he *could* lose his LTC?
Can he simply move to NH prior to that and be OK there? Would NH care about this wrt a resident P&R?
Can he simply move to NH prior to that and be OK there? Would NH care about this wrt a resident P&R?
The word "with" was a possible issue until last year, when it was clarified in State of NH v. Oriol Dor (ruling on 8/7/2013). The New Hampshire Supreme Court ruled that ammunition must be in a weapon (not just adjacent) for a gun to be loaded under state law.
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Chevy 2 65
NES Member
I am a little confused? is having it and driving in a car concealed? Also thought it had to be unloaded?
http://www.nh.gov/safety/divisions/nhsp/ssb/permitslicensing/faq.html#A4
http://www.nh.gov/safety/divisions/nhsp/ssb/permitslicensing/faq.html#A4
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For $100 you get a plastic card and peace of mind for 4 5 years
The website is out of date, the phrasing "so long as you do not possess any ammunition on your person" was never the law. This and the meaning of "loaded" or "with" was clarified by state supreme court last year (State of NH v. Oriol Dor (dated 8/7/2013). , see my previous posts to this thread.
TL;DR: spend the $100, wait two weeks, and you'll have a Non-Resident Pistol/Revolver License and nothing to worry about.
Loaded firearm in an automobile has nothing to do with being concealed.
The website is out of date, the phrasing "so long as you do not possess any ammunition on your person" was never the law. This and the meaning of "loaded" or "with" was clarified by state supreme court last year (State of NH v. Oriol Dor (dated 8/7/2013). , see my previous posts to this thread.
TL;DR: spend the $100, wait two weeks, and you'll have a Non-Resident Pistol/Revolver License and nothing to worry about.
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Case law, from last August I think, clarifies what loaded means. Loaded mag NOT in gun, chamber empty.
Edited: others already chimed in with updated laws.
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Contrary to a huge LIE that keeps getting spread around (that I've since grown tired of correcting people on, it's not worth it because they just keep parroting it over and over again like the broken record player from maniac mansion) the car thing in NH has nothing to do with concealment, at all. It only has to do with whether or not the gun is loaded. To possess a loaded handgun in an MV in NH requires a license. It's literally that simple.
-Mike
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