NH Gun Laws

You asked me why not just spend a few hundred bucks and get a definitive answer? If I could afford a lawyer then I wouldn't have brought this up on NES.
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You can't afford a few hundred bucks for a lawyer, but you can afford a few hundred bucks for a rifle? I guess we have different priorities or a different tolerance for legal risk.
I will do some research on this because I am not quite sure.
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You can research it right here. This has been discussed in this forum on several occasions.

http://northeastshooters.com/vbulletin/showthread.php?t=3642&highlight=fid+ltc+federal+convict
Here's a federal court case: http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=92-1448.01A

It will be your behind in jail if you are wrong, not mine.

I'm done here.
 
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M1911 has it EXACTLY RIGHT!

If you are INELIGIBLE for a MA LTC, you are FOREVER A PROHIBITED PERSON UNDER FED LAW as long as you live in MA!!

Chief Ron Glidden has personally told me of a few cases where he was forced to issue FID (under MGL), warned the recipient that possession of any guns was a Fed Felony, and ended up dropping a dime to the BATFE who "took it from there" and the person was CONVICTED of a Fed Felony (Felon in possession).

Your choice, spend a few hundred on a lawyer, take free advice from non-lawyers, or lose everything you own and spend 10 years in Danbury CT with all expenses paid at the Gray-bar Hotel!
 
Thank you M1911 & LenS!!!
I would like to point out that I have in no way risked myself legally, by researching the laws and how they apply to my situation (which is avoiding risk)!
"You can't afford a few hundred bucks for a lawyer, but you can afford a few hundred bucks for a rifle? I guess we have different priorities or a different tolerance for legal risk.
Never once have I mentioned going ahead and *at this time* actually purchasing a firearm or affording one let alone physically being able to use one until a long time after I get surgery done, I have made it clear that all I wanted to do was research this. Anyone who has delt with a an attorney knows that the price of a rifle can be used up very quickly when dealing with a lawyer. From your comment this somehow equates to a "tolerance for legal risk?" I am not going to go into the details of my finances, but personally I like to research things before I go ahead and buy them.
Considering that in no way do I have any interest in breaking any law let alone federal firearms laws, that is why I have chosen to research this. I am so grateful for you guys taking the time to help, firearms and the laws pertaing is something that obviously I don't know alot about, but I sure am learning a whole lot!
Also, M1911 thanks for putting those links up, while reading through the first one the issue involves seems to be a "drug felony," which I don't have. In the 2nd link, the crimes are puishable by more then one year and again dealing with a felon (not me) "Nazzaro's subsequent indictment was predicated on the following Massachusetts state court convictions, all of which were punishable by imprisonment for more than one year," which again does not apply to me. In addition this guy has a past record of multiple violent charges "Nazzaro's subsequent indictment was predicated on the following Massachusetts state court convictions, all of which were punishable by imprisonment for more than one year: 1. Assault and battery; Chelsea District Court; February 1977; 2. Rape and assault and battery with a dangerous weapon; Suffolk Superior Court; December 1977; 3.Assault and battery; Essex Superior Court; October 1978.2."
I am not saying that this case doesn't relate to my situation and actually "L. ch. 265, 13A; Mass. Gen. L. ch. 274, 1. While the other convictions are misdemeanors under Massachusetts law, 18 U.S.C. 921(a)(20)(B) provides that a state misdemeanor is considered a "crime punishable by imprisonment for a term exceeding one year" This is where a lawyer could really help me out.
"under the portion of 18 U.S.C. 921(a)(20) which provides that: Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms."
LenS: "If you are INELIGIBLE for a MA LTC, you are FOREVER A PROHIBITED PERSON UNDER FED LAW as long as you live in MA!!" I had not read that LenS, this seems to be the problem as long as I'm living in MA, and what my case would rest on, so I appreciate that being pointed out! Again I know I need a lawyer! Thanks for all the info and help!
 
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Anyone who has delt with a an attorney knows that the price of a rifle can be used up very quickly
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I have dealt with attorneys on quite a few occasions. After I quickly give them a general outline of the situation, the first subject that we discuss is 1) scope of work, 2) cost, and 3) schedule. Any decent lawyer will be glad to give you an estimate and not exceed that without permission. I'd guess that an attorney could clear this up in a couple hours, tops. We can, and clearly have here, spent far more time and we're no closer to a conclusive determination than when we started.
Also, M1911 thanks for putting those links up, while reading through the first one the issue involves seems to be a "drug felony," which I don't have.
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You'll find that the definition of a "felony" varies. IIRC, under federal law, a state misdemeanor punishable by more than a certain amount of time in jail is considered by the feds to be a "felony" for the purposes of prohibition of firearms possession. Whether your situation meets this or not is beyond my legal knowledge.
I had not read that LenS, this seems to be the problem as long as I'm living in MA, and what my case would rest on, so I appreciate that being pointed out!
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You hadn't read that? That's what I've been TRYING to point out to you. There are situations in MA where a person is eligible for an FID under state law, but if they then purchase or possess a firearm they are breaking federal law. I don't know if that applies to you or not. A lawyer will be able to find out quickly.

And that's one federal law that the ATF LOVES to prosecute. It's a slam-dunk prosecution and one very long stay in federal prison.
 
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M1911- I am glad to hear that it may only take a couple of hours with an attorney to possibly clear this up.
"You hadn't read that? That's what I've been TRYING to point out to you." Maybe I have been ingorant in regards to your comment and if so, then that is my mistake.
You wrote "In other words, there are some situations where MA police must issue an FID to a person, but it would be a federal felony if that person then went and purchased a gun. I don't know if that applies to your situation. Do you?"
LenS wrote "If you are INELIGIBLE for a MA LTC, you are FOREVER A PROHIBITED PERSON UNDER FED LAW as long as you live in MA!!"
I do not want to get too off topic from NH Gun Laws in terms of picking apart eachothers words because I appreciate all/any NES members taking the time to help, especially those who have given that extra bit of help, M1911 & LenS, it is because of your help that I have become all the more informed!
 
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A small, live example.

I know someone who was convicted of simple A&B some many years ago. It was the result of someone screwing the person's wife and only fists were used (NO other weapon). IIRC he paid a small fine (probably $25) and that was the end of it.

1998 MGLs change resulted in said person (gun owner) being a FOREVER PROHIBITED PERSON in MA eyes for LTC, thus eligible for FID ONLY and a Fed Felon if found with a gun/ammo. This person found the only good solution was to move out of MA to a free state where such minor crimes do not make you a forbidden person/Fed Felon. He's now a perfectly legal CCW holder in his new state.
 
wasn't the mass legislature kicking the idea around a few years back that if a convicted felon got out of jail and was incident freee for 7 years they would make him eligible for an LTC or was i having a bad reaction to some over the counter cold medicine?
 
Got the renewal notice about seven weeks before mine was set to expire. Waited till thirty days left on license to send
the renewal app. Nine calendar days, mailbox to mailbox for new license to come back.



Pilgrim said:
Sorry, but I can't find this answered anywhere in this thread:

Does NH send out notice of renewal for Non Res permits? Mine will expire this summer and I was wondering how to handle the renewal.

Thanks
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I see the Classifieds Rules thread mentions Mass General Laws stating Mass residents can only sell 4 firearms per year.

Do you know if there is a rule like that for New Hampshire residents ?
 
Well, BATFE has a "fuzzy" rule that you can't be "acting as a dealer" without a dealer's license (FFL). They don't define it but they DO prosecute some folks that they feel are abusing the sales of guns.

So caution is still the watchword, even with no state laws limiting sales.
 
LenS said:
A small, live example.

I know someone who was convicted of simple A&B some many years ago. It was the result of someone screwing the person's wife and only fists were used (NO other weapon). IIRC he paid a small fine (probably $25) and that was the end of it.

1998 MGLs change resulted in said person (gun owner) being a FOREVER PROHIBITED PERSON in MA eyes for LTC, thus eligible for FID ONLY and a Fed Felon if found with a gun/ammo. This person found the only good solution was to move out of MA to a free state where such minor crimes do not make you a forbidden person/Fed Felon. He's now a perfectly legal CCW holder in his new state.
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How does GCA 1968 come into play in this scenario? If one state classifies something one way & another state classifies it another way, how does moving change anything when it is federal rule that determines eligibility?

Just asking because it confused me a bit considering that I am a NH resident formerly from MA & am now wondering if my scenario may be different if NH considers my situation minor whereas MA does not?

I am making arrangements to talk to Darius, but he is in MA, where my mistakes took place, so, do you think I need to consult one in NH instead?
 
It's a "layer cake".

Fed Law on the top. If you don't pass this, DO NOT PASS GO, do not collect $200.

Next is State Law. If you passed Fed Law, your next hurdle is to see if you pass State Law. If not, DO NOT PASS GO, do not collect $200.

Now for completeness, we can have local laws (some states don't allow this, so you need to check). They can also spoil your day.

If Fed Law says you are prohibited and NH (for the sake of argument) doesn't care, you are still prohibited and can spend time in Fed prison.

If Fed Law says you are OK, but NH were to say that you were prohibited, then the Feds wouldn't touch you, but the state could lock you up in a State prison.

One prison may be nicer/fancier than another, but in the end they are all prisons and not desirable places to be.
 
LenS said:
It's a "layer cake".

Fed Law on the top. If you don't pass this, DO NOT PASS GO, do not collect $200.

Next is State Law. If you passed Fed Law, your next hurdle is to see if you pass State Law. If not, DO NOT PASS GO, do not collect $200.

Now for completeness, we can have local laws (some states don't allow this, so you need to check). They can also spoil your day.

If Fed Law says you are prohibited and NH (for the sake of argument) doesn't care, you are still prohibited and can spend time in Fed prison.

If Fed Law says you are OK, but NH were to say that you were prohibited, then the Feds wouldn't touch you, but the state could lock you up in a State prison.

One prison may be nicer/fancier than another, but in the end they are all prisons and not desirable places to be.
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Well, considering it may be a losing battle to fight, any suggestings for immediately rectifying my current situation so that I am no longer at risk?
 
M1911 said:
As Len said, start talking to a lawyer.
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I'm done with wanting to battle over these Nazi gun laws.
I'll die while dialing 911 or I'll die while trying to load my powder, cap & ball.
I'll just have to pass up so many quality pieces of historical significance, as well those of artistic & mechanical ingenuity. Maybe such pieces I desired for my collection will be in the hands of those who intend to commit crimes instead of my hands where they would have been cleaned, maintained, preserved, displayed & valued & occaissonally used for recreation & also handy for just in case home protection. Really, I could care less about cartridge shooting handguns, but the denial for cartridge shooting rifle/shotgun pisses me off & it's a fight I can't take on.

I'll just take it laying down like a starving dog at camp looking at a bone out of his reach, & destroy the pieces that put me at risk. Nothing more than a chunk of molten iron.
 
You know, if you put some of the effort into to speaking with a lawyer that you're now putting into bitching and moaning, then you might be able to determine your exact situation and what your alternatives are.

Instead, you continue to bitch and moan and ask questions here that should be better posed to competent counsel.
 
M1911 said:
You know, if you put some of the effort into to speaking with a lawyer that you're now putting into bitching and moaning, then you might be able to determine your exact situation and what your alternatives are.

Instead, you continue to bitch and moan and ask questions here that should be better posed to competent counsel.
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Because I have consulted several attorneys, & It's going to cost me more than 1/3 of annual income to fight.

Some were very vague & non specific & advised that I come in to get counsel, while others asked questions regarding specifics & advised me that it is a no win battle.

My best guess is that these attorneys only deal with FID/LTC denials & nothing regarding GCA 1968 which is what I need.

I don't need LTC, because I have no desire or need to carry a handgun in public, nor do I need FID, because I am a NH resident, however, due to the GCA 1968, I fall under "prohibited person", & from what I am hearing on the phone, there is nothing any single attorney can accomplish for me, other than fight for a sealed record, which is also a no win because of the restrictions placed on this by the state & I do not qualify.


Bitch & moan & post here [laugh] [laugh] ..
I figured there may have been a slight possibility that someone who has gone through this process or has had experience with similar issue might have offered some insight, or perhaps the name of any particular mechanism I could utilize.
 
It's been almost 30 days since I applied for my NH permit.

I always get delayed on my NICS check when I buy a new firearm. I suppose whatever causes that is now causing the delay with the license.

I'm just hoping it isn't a rejection notice. I've been issued a Mass LTC A ALP, and my Federal Curios and Relics licensse, which had to be cleared by NICS and the FBI. I just get nervous when things take this long.

I applied for my Maine permit the same day. Haven't heard a word on that one either.

My check to NH cleared today, the one from Maine cleared the week I sent it. I don't know if that means anything

I'm just moaning and groaning.....don't mind me...I get like this.
 
LenS. I took your advice and called NH today (I'll give Maine a bit more time)

The very pleasant young lady who helped me said the firearms division is WAY behind on issuing, that they have my application, and it has been assigned a number. She said to give it until May 4th, and if I haven't received it by then to call back.

She said there were over 300 applications ahead of mine ready to be issued this week. After that there are 15 more ahead of me waiting for a background check. Hopefully it won't be too much longer.
 
"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."

I'm confused... does this mean that NH does not recognize pre 1899 rifles as antique?
 
That seems to be true (based strictly on what you posted) if it uses CF or RF ammo.

This seems to only matter in NH wrt filling out Fed paperwork on a dealer sale and wrt what convicted felons can possess without violating Fed and State Laws.

Since nobody in NH needs a permit to buy/possess anything, otherwise it is not terribly relevant.
 
AntiqueWeapons.org said:
"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."

I'm confused... does this mean that NH does not recognize pre 1899 rifles as antique?
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Not exactly, my reading of it is that NH state law does not recognize pre-1899 (centerfire or rimfire) handguns (not rifles) as antique with regards to state laws involving handguns.

Anything pre-1899 with a barrel length of 16" or more is not defined as a firearm in state law so would be ok for you to own.

This definition of "pistol or revolver" is in chapter 159 and applies to the rest of that chapter, such as:

159:3 - ownership or attempt to purchase of pistol, revolver, or other firearm, or slungshot, metallic knuckles, billies, stiletto, switchblade knife, sword cane, pistol cane, blackjack, dagger, dirk-knife, or other deadly weapon as defined in RSA 625:11 by a convicted felon

159:4 - carrying a pistol or revolver concealed or in a vehicle without a valid pistol/revolver license
 
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Annulling NH misdemeanor...

Could use some advice on annulling an old 1989 NH misdemeanor.

I contacted a NH firearms attorney and he says for a flat fee (almost a thousand bucks!) he will annul my NH criminal record and I won't need to do any traveling and most likely will not have to appear in court. I have his contract in front of me and don't know what to do.

The legal services in the contract he agrees to provide include only "Determination of eligibility for annulment of adult criminal record" and "Petition for Annulment". Well before I contacted him I had already contacted the NH court where the misdemeanor took place and they sent me a Petition to Annul Record form and a copy of the Criminal Docket. It is only one page and seems pretty straight forward, but in the docket it says "defaulted-warrant", then less than a month later (I can't really read the writing, but I think it says) "paid fee" or something. IIRC I did miss the first court date for the incident, but less than a month later appeared and took care of it. Will this complicate what sounds like a simple process?

I have no problem paying for competent legal services, but I don't want to be taken for something that appears to be a common and simple process.
 

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