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NH Gun Laws
- Thread starter Admin
- Start date
Ok, here are some pretty major laws that are relevent to firearms in some way or another.
This first part is from the NH State Criminal Code regarding justifiable use of deadly and non-deadly force;
627:4 Physical Force in Defense of a Person. –
I. A person is justified in using non-deadly force upon another person in order to defend himself or a third person from what he reasonably believes to be the imminent use of unlawful, non-deadly force by such other person, and he may use a degree of such force which he reasonably believes to be necessary for such purpose. However, such force is not justifiable if:
(a) With a purpose to cause physical harm to another person, he provoked the use of unlawful, non-deadly force by such other person; or
(b) He was the initial aggressor, unless after such aggression he withdraws from the encounter and effectively communicates to such other person his intent to do so, but the latter notwithstanding continues the use or threat of unlawful, non-deadly force; or
(c) The force involved was the product of a combat by agreement not authorized by law.
II. A person is justified in using deadly force upon another person when he reasonably believes that such other person:
(a) Is about to use unlawful, deadly force against the actor or a third person;
(b) Is likely to use any unlawful force against a person present while committing or attempting to commit a burglary;
(c) Is committing or about to commit kidnapping or a forcible sex offense; or
(d) Is likely to use any unlawful force in the commission of a felony against the actor within such actor's dwelling or its curtilage.
III. A person is not justified in using deadly force on another to defend himself or a third person from deadly force by the other if he knows that he and the third person can, with complete safety:
(a) Retreat from the encounter, except that he is not required to retreat if he is within his dwelling or its curtilage and was not the initial aggressor; or
(b) Surrender property to a person asserting a claim of right thereto; or
(c) Comply with a demand that he abstain from performing an act which he is not obliged to perform; nor is the use of deadly force justifiable when, with the purpose of causing death or serious bodily harm, the actor has provoked the use of force against himself in the same encounter.
(d) If he is a law enforcement officer or a private person assisting him at his direction and was acting pursuant to RSA 627:5, he need not retreat.
These next two are from Public Safety and Welfare regarding NH CCW;
159:6 License to Carry. –
I. The selectmen of a town or the mayor or chief of police of a city or some full-time police officer designated by them respectively, upon application of any resident of such town or city, or the director of state police, or some person designated by such director, upon application of a nonresident, shall issue a license to such applicant authorizing the applicant to carry a loaded pistol or revolver in this state for not less than 4 years from the date of issue, if it appears that the applicant has good reason to fear injury to the applicant's person or property or has any proper purpose, and that the applicant is a suitable person to be licensed. Hunting, target shooting, or self-defense shall be considered a proper purpose. The license shall be valid for all allowable purposes regardless of the purpose for which it was originally issued. The license shall be in duplicate and shall bear the name, address, description, and signature of the licensee. The original shall be delivered to the licensee and the duplicate shall be preserved by the people issuing the same for 4 years. When required, license renewal shall take place within the month of the fourth anniversary of the license holder's date of birth following the date of issuance. The license shall be issued within 14 days after application, and, if such application is denied, the reason for such denial shall be stated in writing, the original of which such writing shall be delivered to the applicant, and a copy kept in the office of the person to whom the application was made. The fee for licenses issued to residents of the state shall be $10, which fee shall be for the use of the law enforcement department of the town granting said licenses; the fee for licenses granted to out-of-state residents shall be $20, which fee shall be for the use of the state. The director of state police is hereby authorized and directed to prepare forms for the licenses required under this chapter and forms for the application for such licenses and to supply the same to officials of the cities and towns authorized to issue the licenses. No other forms shall be used by officials of cities and towns. The cost of the forms shall be paid out of the fees received from nonresident licenses.
II. No photograph or fingerprint shall be required or used as a basis to grant, deny, or renew a license to carry for a resident or nonresident, unless requested by the applicant.
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.
This first part is from the NH State Criminal Code regarding justifiable use of deadly and non-deadly force;
627:4 Physical Force in Defense of a Person. –
I. A person is justified in using non-deadly force upon another person in order to defend himself or a third person from what he reasonably believes to be the imminent use of unlawful, non-deadly force by such other person, and he may use a degree of such force which he reasonably believes to be necessary for such purpose. However, such force is not justifiable if:
(a) With a purpose to cause physical harm to another person, he provoked the use of unlawful, non-deadly force by such other person; or
(b) He was the initial aggressor, unless after such aggression he withdraws from the encounter and effectively communicates to such other person his intent to do so, but the latter notwithstanding continues the use or threat of unlawful, non-deadly force; or
(c) The force involved was the product of a combat by agreement not authorized by law.
II. A person is justified in using deadly force upon another person when he reasonably believes that such other person:
(a) Is about to use unlawful, deadly force against the actor or a third person;
(b) Is likely to use any unlawful force against a person present while committing or attempting to commit a burglary;
(c) Is committing or about to commit kidnapping or a forcible sex offense; or
(d) Is likely to use any unlawful force in the commission of a felony against the actor within such actor's dwelling or its curtilage.
III. A person is not justified in using deadly force on another to defend himself or a third person from deadly force by the other if he knows that he and the third person can, with complete safety:
(a) Retreat from the encounter, except that he is not required to retreat if he is within his dwelling or its curtilage and was not the initial aggressor; or
(b) Surrender property to a person asserting a claim of right thereto; or
(c) Comply with a demand that he abstain from performing an act which he is not obliged to perform; nor is the use of deadly force justifiable when, with the purpose of causing death or serious bodily harm, the actor has provoked the use of force against himself in the same encounter.
(d) If he is a law enforcement officer or a private person assisting him at his direction and was acting pursuant to RSA 627:5, he need not retreat.
These next two are from Public Safety and Welfare regarding NH CCW;
159:6 License to Carry. –
I. The selectmen of a town or the mayor or chief of police of a city or some full-time police officer designated by them respectively, upon application of any resident of such town or city, or the director of state police, or some person designated by such director, upon application of a nonresident, shall issue a license to such applicant authorizing the applicant to carry a loaded pistol or revolver in this state for not less than 4 years from the date of issue, if it appears that the applicant has good reason to fear injury to the applicant's person or property or has any proper purpose, and that the applicant is a suitable person to be licensed. Hunting, target shooting, or self-defense shall be considered a proper purpose. The license shall be valid for all allowable purposes regardless of the purpose for which it was originally issued. The license shall be in duplicate and shall bear the name, address, description, and signature of the licensee. The original shall be delivered to the licensee and the duplicate shall be preserved by the people issuing the same for 4 years. When required, license renewal shall take place within the month of the fourth anniversary of the license holder's date of birth following the date of issuance. The license shall be issued within 14 days after application, and, if such application is denied, the reason for such denial shall be stated in writing, the original of which such writing shall be delivered to the applicant, and a copy kept in the office of the person to whom the application was made. The fee for licenses issued to residents of the state shall be $10, which fee shall be for the use of the law enforcement department of the town granting said licenses; the fee for licenses granted to out-of-state residents shall be $20, which fee shall be for the use of the state. The director of state police is hereby authorized and directed to prepare forms for the licenses required under this chapter and forms for the application for such licenses and to supply the same to officials of the cities and towns authorized to issue the licenses. No other forms shall be used by officials of cities and towns. The cost of the forms shall be paid out of the fees received from nonresident licenses.
II. No photograph or fingerprint shall be required or used as a basis to grant, deny, or renew a license to carry for a resident or nonresident, unless requested by the applicant.
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.
More on NH: <--- Un-quoted by Derek
New Hamshire Gun Laws
STATE CONSTITUTIONAL PROVISION
"All persons have the right to keep and bear arms in defense of themselves, their families, their property, and the state." Part 1, Article 2-a
PURCHASE
There are no state licensing requirements for the purchase of any rifle, shotgun or handgun.
It is unlawful to sell any firearm to any convicted felon. It is unlawful to sell or give a handgun to a minor, unless the gift is from a parent, guardian or executor to a child, ward or heir.
POSSESSION
There are no state licensing requirements for the possession of rifles, shotguns or handguns. It is unlawful for any person who has been convicted of a felony to own, possess or control any firearm.
Persons who are the subject of a court protective order may be required to surrender all firearms and ammunition.
CARRYING
It is unlawful to carry a loaded handgun in any vehicle or concealed about one`s person without a license. Exceptions to the above prohibition are:
Carrying in one`s dwelling, house or place of business.
Law enforcement and military personnel when on duty.
Organizations authorized by law to purchase or receive firearms.
A person shall not knowingly carry or have in his control any firearm in a courtroom or area used by a court. This shall not apply to authorized persons, police officers, and security guards.
A person may carry a handgun openly upon his person or unloaded and exposed or locked up in a vehicle without a license to carry. To obtain a license to carry, a person must apply to the selectmen or mayor or chief of police of the town where he is a resident. The selectmen or mayor or chief of police shall issue a license to the applicant authorizing him to carry a handgun if:
The applicant has good reason to fear an injury to his person or property; or
Has any other "proper purpose" (such as hunting, target shooting or self-defense); and He is a suitable person to be licensed.
The fee for the license is $10.00 and the license is valid for not more than four years. The license shall be in duplicate with one copy held by the licensee and one copy held by the issuing officer.
The license must be issued within 14 days of application. If the application is denied, the reasons for the denial must be stated in writing and delivered to the applicant.
A non-resident may obtain a license to carry by applying to the director of state police. He must meet the requirements as outlined above and pay a fee of $20.
A license to carry a firearm concealed issued to a non-resident by another state shall be honored if such state provides a reciprocal privilege.
It is unlawful to carry a loaded rifle or shotgun in or on any motor vehicle, power boat or airplane.
ANTIQUES AND REPLICAS
Antiques, defined as any handgun "utilizing an early type of ignition," such as flintlocks, percussion and pin fires, are exempt from the above regulations. No handgun which utilizes centerfire or rimfire cartridges will be considered an antique.
NATIONAL FIREARMS ACT FIREARMS
In the absence of any state law governing automatic weapons, Federal law controls the registration and regulation of machine guns in New Hampshire.
MISCELLANEOUS
It is unlawful to change, alter, remove or obliterate the name of the maker, model, serial number or other mark of identification on any handgun. Possession of a handgun with its marks altered creates a legal presumption that the possessor committed the offense.
It is unlawful to discharge a firearm on the land of another within 300 feet of a permanently occupied building without the permission of the owner.
It is unlawful to discharge a firearm from or across a public highway, including the rights of way of a highway, in pursuit of wild birds or animals.
A person who commits or attempts to commit any felony when armed with any firearm shall be guilty of a class B felony and of a class A felony for any subsequent offense. A person convicted of the felonious use of a firearm shall, in addition to the punishment for the underlying felony, be given a minimum mandatory sentence of 1 year for a first offense and 3 years for any subsequent offense. A convicted felon who completes and signs an application for a purchase of a firearm is guilty of a Class B felony. Neither the whole nor any part of such additional sentence shall be suspended nor served concurrently with any other sentence.
A person who uses or attempts to use Teflon coated or armor piercing or exploding ammunition in the course of any misdemeanor or felony shall be guilty of a separate felony.
SOURCES
N.H. Rev. Ann. secs. 159.1; 159.3-159.8b; 159.11-159.21; 159-D: 1-3; 207:3-a; 207:3-c
Source but not checked for accuracy: NRA's Gun Law Guide
New Hamshire Gun Laws
STATE CONSTITUTIONAL PROVISION
"All persons have the right to keep and bear arms in defense of themselves, their families, their property, and the state." Part 1, Article 2-a
PURCHASE
There are no state licensing requirements for the purchase of any rifle, shotgun or handgun.
It is unlawful to sell any firearm to any convicted felon. It is unlawful to sell or give a handgun to a minor, unless the gift is from a parent, guardian or executor to a child, ward or heir.
POSSESSION
There are no state licensing requirements for the possession of rifles, shotguns or handguns. It is unlawful for any person who has been convicted of a felony to own, possess or control any firearm.
Persons who are the subject of a court protective order may be required to surrender all firearms and ammunition.
CARRYING
It is unlawful to carry a loaded handgun in any vehicle or concealed about one`s person without a license. Exceptions to the above prohibition are:
Carrying in one`s dwelling, house or place of business.
Law enforcement and military personnel when on duty.
Organizations authorized by law to purchase or receive firearms.
A person shall not knowingly carry or have in his control any firearm in a courtroom or area used by a court. This shall not apply to authorized persons, police officers, and security guards.
A person may carry a handgun openly upon his person or unloaded and exposed or locked up in a vehicle without a license to carry. To obtain a license to carry, a person must apply to the selectmen or mayor or chief of police of the town where he is a resident. The selectmen or mayor or chief of police shall issue a license to the applicant authorizing him to carry a handgun if:
The applicant has good reason to fear an injury to his person or property; or
Has any other "proper purpose" (such as hunting, target shooting or self-defense); and He is a suitable person to be licensed.
The fee for the license is $10.00 and the license is valid for not more than four years. The license shall be in duplicate with one copy held by the licensee and one copy held by the issuing officer.
The license must be issued within 14 days of application. If the application is denied, the reasons for the denial must be stated in writing and delivered to the applicant.
A non-resident may obtain a license to carry by applying to the director of state police. He must meet the requirements as outlined above and pay a fee of $20.
A license to carry a firearm concealed issued to a non-resident by another state shall be honored if such state provides a reciprocal privilege.
It is unlawful to carry a loaded rifle or shotgun in or on any motor vehicle, power boat or airplane.
ANTIQUES AND REPLICAS
Antiques, defined as any handgun "utilizing an early type of ignition," such as flintlocks, percussion and pin fires, are exempt from the above regulations. No handgun which utilizes centerfire or rimfire cartridges will be considered an antique.
NATIONAL FIREARMS ACT FIREARMS
In the absence of any state law governing automatic weapons, Federal law controls the registration and regulation of machine guns in New Hampshire.
MISCELLANEOUS
It is unlawful to change, alter, remove or obliterate the name of the maker, model, serial number or other mark of identification on any handgun. Possession of a handgun with its marks altered creates a legal presumption that the possessor committed the offense.
It is unlawful to discharge a firearm on the land of another within 300 feet of a permanently occupied building without the permission of the owner.
It is unlawful to discharge a firearm from or across a public highway, including the rights of way of a highway, in pursuit of wild birds or animals.
A person who commits or attempts to commit any felony when armed with any firearm shall be guilty of a class B felony and of a class A felony for any subsequent offense. A person convicted of the felonious use of a firearm shall, in addition to the punishment for the underlying felony, be given a minimum mandatory sentence of 1 year for a first offense and 3 years for any subsequent offense. A convicted felon who completes and signs an application for a purchase of a firearm is guilty of a Class B felony. Neither the whole nor any part of such additional sentence shall be suspended nor served concurrently with any other sentence.
A person who uses or attempts to use Teflon coated or armor piercing or exploding ammunition in the course of any misdemeanor or felony shall be guilty of a separate felony.
SOURCES
N.H. Rev. Ann. secs. 159.1; 159.3-159.8b; 159.11-159.21; 159-D: 1-3; 207:3-a; 207:3-c
Source but not checked for accuracy: NRA's Gun Law Guide
Had a hard time reading the blue text, so thought it might be faster to get my question answered by just asking it.
I just got approved for my concealed carry permit in ME and am hoping to travel to VT for Labor Day weekend. I know I'll be fine in ME and VT with my handgun, but what about NH? I don't think NH accepts ME's permit, but if I unload the gun and have the ammo separate through NH will I be ok?
I just got approved for my concealed carry permit in ME and am hoping to travel to VT for Labor Day weekend. I know I'll be fine in ME and VT with my handgun, but what about NH? I don't think NH accepts ME's permit, but if I unload the gun and have the ammo separate through NH will I be ok?
MrsTank,
Apply for the NH permit tomorrow and you will have it before labor day.
I'll add the link to the application once I find it. They usually are 5 to 7 days on the turnaround.
Fill this out, copy your current MA LTC with it and you'll be all set.
http://webster.state.nh.us/safety/nhsp/documents/dssp85.pdf
Apply for the NH permit tomorrow and you will have it before labor day.
I'll add the link to the application once I find it. They usually are 5 to 7 days on the turnaround.
Fill this out, copy your current MA LTC with it and you'll be all set.
http://webster.state.nh.us/safety/nhsp/documents/dssp85.pdf
dwarven1
Lonely Mountain Arms
Mrs Tank, go here http://webster.state.nh.us/safety/nhsp/plupr.html, download the form and mail it to the address shown with a copy (both sides) of your Maine carry permit.
Are you going to the Dead Horse MC Green Mountain Milita shoot, too? If so, I'll see you there.
Ross
Are you going to the Dead Horse MC Green Mountain Milita shoot, too? If so, I'll see you there.
Ross
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MrsTank,
To answer the direct question:
- Yes per FOPA '86 you'd be fine with gun in locked case in trunk, with ammo separate while driving thru NH without a NH CCW.
As others stated, it takes <10 days usually to get a NH CCW and cost $20 for NRs. So it is a good investment and then you'd be good to go to keep the loaded gun on you from point-to-point.
ETA: Cost of NR permit went up to $100 a number of years ago now (written 7/12).
To answer the direct question:
- Yes per FOPA '86 you'd be fine with gun in locked case in trunk, with ammo separate while driving thru NH without a NH CCW.
As others stated, it takes <10 days usually to get a NH CCW and cost $20 for NRs. So it is a good investment and then you'd be good to go to keep the loaded gun on you from point-to-point.
ETA: Cost of NR permit went up to $100 a number of years ago now (written 7/12).
Last edited:
Assuming I can afford to pay for the fuel to get over there, I'll be there! I have an '84 Dodge 3/4 ton that likes gas a little too much for my wallet these days!
If Brett were here, we'd be coming with a lot more than just my .380 that I got to carry, but since it's his arsenal, I'll let him show it off when he gets back stateside. Perhaps next year.
I got my NH permit in less than a week.
But, if you don't get it back in time, just make sure to follow what's already been said. Put a copy of the e-mail invitation in the case, so you can say you're going to a shooting event, if asked.
But, if you don't get it back in time, just make sure to follow what's already been said. Put a copy of the e-mail invitation in the case, so you can say you're going to a shooting event, if asked.
While the southern part of the state might better be described as "New Massachusetts" rather than New Hampshire, the fact is that upen carry by both residents and non-residents is legal there. The NH concealed carry permit is quick, inexpensive and simple to get, and not only allows legal concealed carry, but will help avoid some hassles you mightotherwise run into in the occupied regions of the state.
Ken
Ken
Yeah, Ken's definitely right. It's kind of hard for the LEO's to hassle you about having fireaarms in the vehicle at all, when you're licensed to carry concealed (and loaded). Stops the hassle, before it even starts.
Bear with me here, my question will be at the end of this long-winded explanation. ![[wink]](/xen/styles/default/xenforo/smilies.vb/002.gif "Wink [wink]")
I want to apply for my NH non-resident license but I've recently moved from Franklin, MA to Lynn, MA. I have notified the CHRB, the Issuing Authority (Franklin PD) and the Lynn PD. I know that I've been updated on the computer as I purchased a rifle a couple of weeks ago at FS and my new address came up. I have the new plastic license that has my old address, so that when I send NH a photocopy of my MA LTC, my new address will be on the NH app and my old address on my MA LTC. My question is: What else should I send along for the address change? A copy of what I sent to the MA authorities or something else?
Thanks in advance for your help,
Bill
I want to apply for my NH non-resident license but I've recently moved from Franklin, MA to Lynn, MA. I have notified the CHRB, the Issuing Authority (Franklin PD) and the Lynn PD. I know that I've been updated on the computer as I purchased a rifle a couple of weeks ago at FS and my new address came up. I have the new plastic license that has my old address, so that when I send NH a photocopy of my MA LTC, my new address will be on the NH app and my old address on my MA LTC. My question is: What else should I send along for the address change? A copy of what I sent to the MA authorities or something else?
Thanks in advance for your help,
Bill
i'm confused.admin notes say you can open carry basicly anywhere without a permit.but yet up above that it says you can"t carry a loaded weapon without a permit.unless in the admin notes mean you can carry without only if gun is unloaded.
does it make sense?
so does it mean that since i have permit i can legally open carry as long as a round isn't chambered?
beretta92d said:
EDIT: Misread the question. I think whether you have a permit or not, you should be OK to carry openly and loaded, since it says "No person shall carry a loaded pistol or revolver in any vehicle or concealed upon his person... without a valid license". It doesn't mention open carry.
Brettbot said:
i think before i finally start carrying,i'm gonna contact someone in concord to have them explain in better detail.some times when they write the laws,they are just trying to confuse everyone.
beretta92d said:
No. It says that you can't carry a loaded firearm (1) in a vehicle or (2) concealed, unless you have a permit. Without a permit you can legally carry openly, except in a vehicle (though not recommended in southern parts of the state occupied by Ma**h***s).
Ken
KMaurer said:
ok so if that's the case then why did i get a permit.
i'm surprised that there aren't people walking around open carrying then? :?
[twisted]
bigwarden-your avatar just winked at me. [shock]
Having lived in an open carry state for many years (Arizona) I can only say that there are plenty of situations where open carry will arouse undue attention and I don't know what the law is up there in NH, at least in some jurisdictions one could be cited for creating a public disturbance, disturbing the peace etc. About the only time I ever openly carried in Arizona was when I was out in the desert, away from any towns.
Now unless you are out in the field, or working law enforcement or security, why would you want to open-carry ? NH is a shall-issue state with a really low CCW fee.
I must confess I don't really understand that. Part of responsible firearms ownership in my opinion is keeping a low profile, so why would anyone want to walk the streets of Manchester or Nashua with an openly displayed firearm ?
Mark
Now unless you are out in the field, or working law enforcement or security, why would you want to open-carry ? NH is a shall-issue state with a really low CCW fee.
I must confess I don't really understand that. Part of responsible firearms ownership in my opinion is keeping a low profile, so why would anyone want to walk the streets of Manchester or Nashua with an openly displayed firearm ?
Mark
mark056 said:
i'm not saying that i'm gonna,just stated that
now seeing that i don't see alot of people walking around (hardly any at all)with open carry except for LEOs and such just means that the people that are carrying don't want the undue attention.which i don't blame them cause that's why i wouldn't open carry(unless it was part of my job).
you never know who's anti by just looking at them and i don't think that i'd want to find out by having one start Blah,blah,blahing at me about how only law enforcement should have them and how guns are evil etc.
For the future reference of people like me who are unable to get a straight answer about handgun ownership between the ages of 18 and 21, this is my letter, sent to the BATFE office in Boston on January 10th (link to the FAQ added):
Subject: Handgun purchase under 21.
Hello,
I was wondering if you could give me an answer or point me in the right direction to an answer for a question I've been trying to solve. I was wondering if it is legal in the state of New Hampshire for an individual over the age of 18 but under the age of 21 to purchase a handgun from a private individual who also resides in the state of New Hampshire. I was pointed to the ATF online FAQ, but (B15) only deals with juveniles (specifically stated "less than 18 years of age" in the FAQ). Also, (F6), which says "Sales of handguns and ammunition for handguns are limited to persons 21 years of age and older. Although some state and local ordinances have lower age requirements, dealers are bound by the minimum age requirements established by the GCA.", seems to only apply to licensed dealers with an FFL, which seems to make sense as it's under "CONDUCT OF BUSINESS - LICENSEES". I don't seem to be able to find anything which deals with private individuals, not dealers, and doesn't deal with parents giving gifts or handing down guns. New Hampshire law only states "It is unlawful to sell or give a handgun to a minor, unless the gift is from a parent, guardian or executor to a child, ward or heir.", which would seem to imply that as long as the buyer was over 18, it would be legal. Any help you could give me in this matter would be greatly appreciated.
Sincerely,
Brett McLellan
And this is the reply I got today, January 19th:
Dear Brett,
You are correct that the Federal regulations do not specifically address your question. I spoke with Sgt. Pat Poirier of the NH State Police to determine if state law allows this type of transfer. The term ‘minor’ in NH state law refers to someone under the age of 18. Therefore, the transfer of a handgun from a private individual to another private individual, over the age of 18, would be legal under state law. However, if you know the person is prohibited from receiving or possessing a firearm, or have reason to believe he is prohibited, you cannot transfer the handgun. This list of persons prohibited can be found at 27 CFR 478.32 in the Federal Firearms Regulations Reference Guide. I hope this clears up any confusion, and if you have any other questions, feel free to contact me at the number below.
Nicholas O'Leary
Industry Operations Investigator
Boston Area Field Office
617-557-1353
617-557-1251 (fax)
So there you have it.
Subject: Handgun purchase under 21.
Hello,
I was wondering if you could give me an answer or point me in the right direction to an answer for a question I've been trying to solve. I was wondering if it is legal in the state of New Hampshire for an individual over the age of 18 but under the age of 21 to purchase a handgun from a private individual who also resides in the state of New Hampshire. I was pointed to the ATF online FAQ, but (B15) only deals with juveniles (specifically stated "less than 18 years of age" in the FAQ). Also, (F6), which says "Sales of handguns and ammunition for handguns are limited to persons 21 years of age and older. Although some state and local ordinances have lower age requirements, dealers are bound by the minimum age requirements established by the GCA.", seems to only apply to licensed dealers with an FFL, which seems to make sense as it's under "CONDUCT OF BUSINESS - LICENSEES". I don't seem to be able to find anything which deals with private individuals, not dealers, and doesn't deal with parents giving gifts or handing down guns. New Hampshire law only states "It is unlawful to sell or give a handgun to a minor, unless the gift is from a parent, guardian or executor to a child, ward or heir.", which would seem to imply that as long as the buyer was over 18, it would be legal. Any help you could give me in this matter would be greatly appreciated.
Sincerely,
Brett McLellan
And this is the reply I got today, January 19th:
Dear Brett,
You are correct that the Federal regulations do not specifically address your question. I spoke with Sgt. Pat Poirier of the NH State Police to determine if state law allows this type of transfer. The term ‘minor’ in NH state law refers to someone under the age of 18. Therefore, the transfer of a handgun from a private individual to another private individual, over the age of 18, would be legal under state law. However, if you know the person is prohibited from receiving or possessing a firearm, or have reason to believe he is prohibited, you cannot transfer the handgun. This list of persons prohibited can be found at 27 CFR 478.32 in the Federal Firearms Regulations Reference Guide. I hope this clears up any confusion, and if you have any other questions, feel free to contact me at the number below.
Nicholas O'Leary
Industry Operations Investigator
Boston Area Field Office
617-557-1353
617-557-1251 (fax)
So there you have it.
Had a seminar conducted by a NH police officer during the NRA personal protection in the home course I attended last weekend. For the sake of reference I thought I'd list the sections of law(linked to NH online statutes) which were included in the seminar material and which were considered particularly important for a gun owner in NH to understand...
Section 159:1 - Definitions (Pistols and revolvers)
Section 159:6 - License to carry (Pistols and revolvers)
Section 159:4 - Carrying without license (Pistols and revolvers)
Section 159:13 - Changing marks (Pistols and revolvers)
Section 159:7 - Sales to felons (Pistols and revolvers)
Note on section 159:7: As it was explained to me, a private seller still has a positive obligation to ascertain whether the person he/she is selling a firearm to is a felon, regardless of it being a private sale. Otherwise, "I didn't know" is not a legal excuse and a private seller would still be culpable under NH law.
Section 159:12 - Sale to minors(Pistols and revolvers)
Section 159:3 - Convicted felons (Pistols and revolvers)
Section 644:13 - Unathorized use of firearms and firecrackers
Section 644:2 - Disorderly conduct
Section 173-B:5 - Relief (Protection of persons from domestic violence)
Section 650-C:1 - Negligent storage of firearms
Section 627:4 - Physical force in defense of a person (Justification)
Note on section 627:4: The statute uses the term "Curtilage". As it was explained to me, this term means the area directly surrounding your home (i.e. mowed grass, area, etc.). This need not be fenced in or walled in, but is basically meaning in your yard and near your house. From time to time people talk about dragging an assailant into the house if shot coming in the window in response to a deadly threat, etc. I was told that point of view is erronous as you have no obligation to retreat if the person is in this "curtilage" area and not just in your home.
Section 627:7 - Use of force in defense of premises (Justification)
Section 627:8 - Use of force in property offenses (Justification)
In addition, there were a few points made in the literature that may be useful to know. From the seminar materials...
Other notable points...
As I gathered from the lecture, use of deadly force would seem to include such acts as even brandishing a firearm and firing a warning shot in the air. While a strict reading of the law might lead one to believe the warning shot would have to be in the direction of the threat, I wouldn't take that to the bank. If you fire a warning shot at all, it's liable to be construed as the use of deadly force.
A police officer responding to an "in progress" call might not wear thier hat and may cover up shiny insignias and badge for tactical self preservation reasons. Bear this in mind if you are ever in a shooting situation where police are responding.
A responding police officer likely doesn't know the victim which can be a real problem. If there is no potential danger or immidiate threat, you may want to consider putting down your firearm when you know the police are on the scene.
A better option is simply staying on the phone with the dispatcher so you know when the police have arrived and the dispatcher can describe to them what you are wearing, etc.
When communicating with a dispatcher never hang up the phone (even if you have to put it down because the situation is out of hand). If possible, tell the dispatcher 1) Who you are, 2) Where you are, 3)What area of the house you are in, 4) Who else is present (i.e. family or guests), 5) If you are armed, 6) What you are wearing, 7) Where you put the firearm if you choose to secure it.
Anyhow, that's some pertinant info I picked up. I'm no lawyer and hence it's not legal advice but thought it could be useful to know so was worth posting. At least it gives you a clue about the law and law enforcement's point of view on things in NH. If your local PD ever puts on a legal seminar like this I'd say it's worth attending.
Naturally, some of this info could be modified by pending legislation but this is currently where the law stands.
Some resources to help keep current on the law and pending legislation are...
State of New Hampshire revised statutes online
NH general court web site
Hope this is helpful.
Section 159:1 - Definitions (Pistols and revolvers)
Section 159:6 - License to carry (Pistols and revolvers)
Section 159:4 - Carrying without license (Pistols and revolvers)
Section 159:13 - Changing marks (Pistols and revolvers)
Section 159:7 - Sales to felons (Pistols and revolvers)
Note on section 159:7: As it was explained to me, a private seller still has a positive obligation to ascertain whether the person he/she is selling a firearm to is a felon, regardless of it being a private sale. Otherwise, "I didn't know" is not a legal excuse and a private seller would still be culpable under NH law.
Section 159:12 - Sale to minors(Pistols and revolvers)
Section 159:3 - Convicted felons (Pistols and revolvers)
Section 644:13 - Unathorized use of firearms and firecrackers
Section 644:2 - Disorderly conduct
Section 173-B:5 - Relief (Protection of persons from domestic violence)
Section 650-C:1 - Negligent storage of firearms
Section 627:4 - Physical force in defense of a person (Justification)
Note on section 627:4: The statute uses the term "Curtilage". As it was explained to me, this term means the area directly surrounding your home (i.e. mowed grass, area, etc.). This need not be fenced in or walled in, but is basically meaning in your yard and near your house. From time to time people talk about dragging an assailant into the house if shot coming in the window in response to a deadly threat, etc. I was told that point of view is erronous as you have no obligation to retreat if the person is in this "curtilage" area and not just in your home.
Section 627:7 - Use of force in defense of premises (Justification)
Section 627:8 - Use of force in property offenses (Justification)
In addition, there were a few points made in the literature that may be useful to know. From the seminar materials...
Other notable points...
As I gathered from the lecture, use of deadly force would seem to include such acts as even brandishing a firearm and firing a warning shot in the air. While a strict reading of the law might lead one to believe the warning shot would have to be in the direction of the threat, I wouldn't take that to the bank. If you fire a warning shot at all, it's liable to be construed as the use of deadly force.
A police officer responding to an "in progress" call might not wear thier hat and may cover up shiny insignias and badge for tactical self preservation reasons. Bear this in mind if you are ever in a shooting situation where police are responding.
A responding police officer likely doesn't know the victim which can be a real problem. If there is no potential danger or immidiate threat, you may want to consider putting down your firearm when you know the police are on the scene.
A better option is simply staying on the phone with the dispatcher so you know when the police have arrived and the dispatcher can describe to them what you are wearing, etc.
When communicating with a dispatcher never hang up the phone (even if you have to put it down because the situation is out of hand). If possible, tell the dispatcher 1) Who you are, 2) Where you are, 3)What area of the house you are in, 4) Who else is present (i.e. family or guests), 5) If you are armed, 6) What you are wearing, 7) Where you put the firearm if you choose to secure it.
Anyhow, that's some pertinant info I picked up. I'm no lawyer and hence it's not legal advice but thought it could be useful to know so was worth posting. At least it gives you a clue about the law and law enforcement's point of view on things in NH. If your local PD ever puts on a legal seminar like this I'd say it's worth attending.
Naturally, some of this info could be modified by pending legislation but this is currently where the law stands.
Some resources to help keep current on the law and pending legislation are...
State of New Hampshire revised statutes online
NH general court web site
Hope this is helpful.
SnakeEye said:
I've been through the state statutes pretty thoroughly and havn't found anything that would prohibit that. It would be more a question of the particular establishment's policy.
Personally, if nothing was posted prohibiting firearms then I wouldn't worry about it.
The only place I'm aware of where state law prohibits carrying a firearm is in a courthouse.
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What about signs forbidding the carrying of firearms?
I know in MA those signs represent nothing more than the premise-owner's good wishes and would require one to actually trespass to constitute a criminal offense (and I'm sure Scrivener will be along to correct me if I'm wrong here...![[smile]](/xen/styles/default/xenforo/smilies.vb/001.gif "Smile [smile]")
). Are they enforceable by law in NH?
I ask because the Rockingham Mall has those signs posted. If it's not an arrestable offense, I will continue to CCW there. If it is, I shall not patronize that mall.
I know in MA those signs represent nothing more than the premise-owner's good wishes and would require one to actually trespass to constitute a criminal offense (and I'm sure Scrivener will be along to correct me if I'm wrong here...
). Are they enforceable by law in NH? I ask because the Rockingham Mall has those signs posted. If it's not an arrestable offense, I will continue to CCW there. If it is, I shall not patronize that mall.
Open Carry is OK
I use to live in Rhode Island, but now I'm a Federal LEO in Yuma, Arizona. Open carry is legal and not so uncommon. You can not be cited for disturbing the peace if you are peacefully open carrying, doing so can result in a lawsuit against the citing LEO. Especially in Arizona, where open carry is rooted in the State Constitution.
Open carry in NH is legal and I've seen people do it. People do it sometimes to raise awareness and to show soccermoms that not only criminals have guns. People can't see that concealed carry works, because they do not know that people are carrying, but open carry is hard to miss.
Just remember, in NH you can't open carry in your car without a pistol license (RSA 159.6)
Every now and then people in Philadelphia open carry (state law requires a license to carry to open carry in Philadelphia) but non of them were cited for disturbing the peace. One man was arrested about 5 years ago but the case was quickly thrown out of court. He should have sued if he was smart, I'm not sure if he did.
mark056 said:
I use to live in Rhode Island, but now I'm a Federal LEO in Yuma, Arizona. Open carry is legal and not so uncommon. You can not be cited for disturbing the peace if you are peacefully open carrying, doing so can result in a lawsuit against the citing LEO. Especially in Arizona, where open carry is rooted in the State Constitution.
Open carry in NH is legal and I've seen people do it. People do it sometimes to raise awareness and to show soccermoms that not only criminals have guns. People can't see that concealed carry works, because they do not know that people are carrying, but open carry is hard to miss.
Just remember, in NH you can't open carry in your car without a pistol license (RSA 159.6)
Every now and then people in Philadelphia open carry (state law requires a license to carry to open carry in Philadelphia) but non of them were cited for disturbing the peace. One man was arrested about 5 years ago but the case was quickly thrown out of court. He should have sued if he was smart, I'm not sure if he did.
