NH Gun Laws

I suspect that is what (Almost) was getting at. It has long been believed you were asking for trouble, and could be charged for carrying without a license if you had an unloaded handgun in a holster (pocket, etc.) and a loaded magazine (speed-loader, etc.) in another pocket. I believe that discussion occurred earlier in this thread, but it could have been elsewhere. Now we have some guidance to know that should not be the case. It's a step in the right direction, and didn't require a new law.

ETA: Thanks ScottS :)
 
Has anyone found more clarification of the definition of a rifle in NH? It is not in the RSA's as far as I can tell. Is there any case law on it? Can one search NH court cases online without having to pay money?

Edit:

I was able to search the NHSC cases: https://www.google.com/search?q=rif...s=org.mozilla:en-US:official&client=firefox-a

Didn't find a defnition.

Unless someone can prove it wrong, I think the assumption that an SBR falls under the NH Conceal Carry License (RSA 159:1) is valid.
 
Last edited:
Has anyone found more clarification of the definition of a rifle in NH? It is not in the RSA's as far as I can tell. Is there any case law on it? Can one search NH court cases online without having to pay money?

The only time "rifle" appears to be referenced in state law is on those hunting reqs (RSA 207). I found this PDF with reference to firearm definitions, but it appears to be specific to the domestic violence/protective order laws. I wonder if the undefined terms like rifle default to federal law (CGA 1968)... Except where they specifically conflict, like muzzle loaders, antiques, etc., but is that only with regard to restraining orders?

http://www.courts.state.nh.us/district/protocols/dv/c14.pdf

"Firearm" is defined in RSA 173-B:l, XI as "any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by force of gun powder". Note that New Hampshire has no further definition of firearm.
COMMENT
For more specific definitions of firearms, particularly under federal law, one should refer to the definitions listed in the Gun Control Act of 1968. The New Hampshire definition is more inclusive than the federal. Judges should be aware that certain "guns" do not qualify as "firearms" under federal law. For example, muzzle loaders and certain antique firearms manufactured before 1898 are exempt from the provisions of the Gun Control Act as it pertains to domestic violence civil and criminal cases. They nevertheless qualify under state law as firearms. The Bureau of Alcohol, Tobacco and Firearms may be a reference if there are questions about any exemptions under the Gun Control Act. Questions may also be referred to the Gun Line at the Department of Safety [Tel. (603) 271-3575].

As a Pistol/Revolver License holder; I think you could articulate you were carrying an SBR loaded in a vehicle under the exemption provided you in RSA 159:4 based on the definition of pistol in RSA 159:1 (any firearm with barrel less than 16 inches in length).
 
Last edited:
ok. I'm tired. I can't seem to find it. Can someone confirm or correct my info?

In NH - resident to resident - to sell a handgun to someone I do not know to not be a felon, am I required to see their P&R? (I know it's prudent) For someone I know, who I believe to not be a felon, do I/should I ask them for a p&R? example - I know several people, casually, who I see at events and they are open carrying. I presume they are not felons. If I sell them a handgun and they don't have a P&R, do we have to use an FFL?

Same questions for long guns/rifles/shotguns etc. Specifically because I have never heard anyone say they required a P&R before selling a long gun to someone they don't know.

I understand CYA. I'm not asking for advice. I'm asking for the laws.
 
ok. I'm tired. I can't seem to find it. Can someone confirm or correct my info?

In NH - resident to resident - to sell a handgun to someone I do not know to not be a felon, am I required to see their P&R? (I know it's prudent) For someone I know, who I believe to not be a felon, do I/should I ask them for a p&R? example - I know several people, casually, who I see at events and they are open carrying. I presume they are not felons. If I sell them a handgun and they don't have a P&R, do we have to use an FFL?

Same questions for long guns/rifles/shotguns etc. Specifically because I have never heard anyone say they required a P&R before selling a long gun to someone they don't know.

I understand CYA. I'm not asking for advice. I'm asking for the laws.

Yes, I know that it is in the RSA, but don't have a cite readily available for you.
 
RSA 159

The [thread=56254]definitive thread on this topic[/thread] dates back to 2009.

In NH - resident to resident - to sell a handgun to someone I do not know to not be a felon, am I required to see their P&R? (I know it's prudent) For someone I know, who I believe to not be a felon, do I/should I ask them for a p&R? example - I know several people, casually, who I see at events and they are open carrying. I presume they are not felons. If I sell them a handgun and they don't have a P&R, do we have to use an FFL?
RSA 159:10 and RSA 159:14, but the latter's exception has no real definition of "a person personally known to him". If the buyer is not a PP, then no penalty for the buyer, but as the seller, asking to see a P&R is a way to CYA.

Yes, if the buyer is not personally known to you, either go through a FFL, or get to know them better before selling them a pistol or revolver.

Same questions for long guns/rifles/shotguns etc. Specifically because I have never heard anyone say they required a P&R before selling a long gun to someone they don't know.
RSA 159:10 and RSA 159:14 both state "pistols or revolvers".
 
Last edited:
ok. I'm tired. I can't seem to find it. Can someone confirm or correct my info?

In NH - resident to resident - to sell a handgun to someone I do not know to not be a felon, am I required to see their P&R? (I know it's prudent) For someone I know, who I believe to not be a felon, do I/should I ask them for a p&R? example - I know several people, casually, who I see at events and they are open carrying. I presume they are not felons. If I sell them a handgun and they don't have a P&R, do we have to use an FFL?

Same questions for long guns/rifles/shotguns etc. Specifically because I have never heard anyone say they required a P&R before selling a long gun to someone they don't know.

I understand CYA. I'm not asking for advice. I'm asking for the laws.

It's a combo of:
RSA 159:8: License to sell (commercial dealer license)
RSA 159:10: Sale without license (not allowed)
RSA 159:14: Exemption (from RSA 159:10's prohibition)

159:14 Exemption. said:
None of the provisions of this chapter shall prohibit an individual not licensed under the provisions thereof who is not engaged in the business of selling pistols or revolvers from selling a pistol or revolver to a person licensed under this chapter or to a person personally known to him.

As far as I know, what constitutes "personally known" is not defined in the law. RSA 159:10 only prohibits the sale of pistols or revolvers, so I don't see where non-commercial rifle sales have any rules at all under state law.
 
To the point, a person with a P&RL is "a person licensed under this chapter".
The [thread=56254]definitive thread on this topic[/thread] dates back to 2009.


RSA 159:10 and RSA 159:14, but the latter's exception has no real definition of "a person personally known to him". If the buyer is not a PP, then no penalty for the buyer, but as the seller, asking to see a P&R is a way to CYA.

Yes, if the buyer is not personally known to you, either go through a FFL, or get to know them better before selling them a pistol or revolver.


RSA 159:10 and RSA 159:14 both state "pistols or revolvers".
 
The [thread=56254]definitive thread on this topic[/thread] dates back to 2009.


RSA 159:10 and RSA 159:14, but the latter's exception has no real definition of "a person personally known to him". If the buyer is not a PP, then no penalty for the buyer, but as the seller, asking to see a P&R is a way to CYA.

Yes, if the buyer is not personally known to you, either go through a FFL, or get to know them better before selling them a pistol or revolver.


RSA 159:10 and RSA 159:14 both state "pistols or revolvers".

Also note, selling to a felon "a pistol, revolver or any other firearm" is a felony. So when making a long gun sale, it is prudent and wise to request a P&R if you do not know for sure that the buyer is not a felon. Also, if someone has an FFL of any kind but no P&R license they are still not a felon since to get an FFL one must not be a felon. However the likelihood of an NH resident with an FFL (any type) not also having a P&R license is low IMHO.

http://www.gencourt.state.nh.us/rsa/html/XII/159/159-7.htm

This is why on my sales, I always request a P&R license since it is a CYA for me, even on long gun sales.
 
Where is the info for change of address for residents? I can't seem to find the information anywhere.

Not easy to find because it's tucked under the section on revocation.
http://www.gencourt.state.nh.us/rsa/html/xii/159/159-6-b.htm
159:6-b Suspension or Revocation of License. –
I. The issuing authority may order a license to carry a loaded pistol or revolver issued to any person pursuant to RSA 159:6 to be suspended or revoked for just cause, provided written notice of the suspension or revocation and the reason therefore is given to the licensee. A licensee whose license has been suspended or revoked shall be permitted a hearing on such suspension or revocation if a hearing is requested by the licensee to the issuing authority within 7 days of the suspension or revocation.
II. When the licensee hereunder ceases to be a resident of the community in which the license was issued he shall notify in writing the issuing authority at his new place of residence that he has a current license. Such license shall remain in effect until it expires pursuant to RSA 159:6.
 
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).

Can ammo be in same same locked box? Or better to leave ammo outside of locked box with gun in it. I have a hatchback car so no truck to lock my gun in.
 
Once you hit the border to NY or MA, well... good luck.

Can ammo be in same same locked box? Or better to leave ammo outside of locked box with gun in it. I have a hatchback car so no truck to lock my gun in.
For states other than New Hampshire, just to be safe, you would want a separate box for ammo.

New Hampshire law is more permissive than FOPA, to be legal in a car in New Hampshire without a carry license, the gun merely needs to be unloaded, meaning no ammunition in the chamber and no loaded magazine in the gun.\

No need for a locked box, a trunk, and no need to remove rounds from the magazine -- just take the magazine out of the gun and clear the chamber(s), and you're good to go inside New Hampshire.
 
I live in a neighborhood with some second homes owned by MA residents. Many of them would like to have firearms in their second homes, that is, firearms that would never make the trip to MA.

If they have an NH nonresident pistol and revolver license, can they purchase a handgun in NH?

Thanks.
 
I live in a neighborhood with some second homes owned by MA residents. Many of them would like to have firearms in their second homes, that is, firearms that would never make the trip to MA.

If they have an NH nonresident pistol and revolver license, can they purchase a handgun in NH?

Thanks.

Not legally! Fed Law prohibits it.
 
The one hack is the whole second home, dual residency thing, which seems to me to be a legal minefield.

My response was a bit too short, I'm afraid.

A NR license does NOT give you the legal right (per Fed Law) to purchase any pistols anywhere!

If you establish a dual residency in accordance with BATFE regulations AND can convince a NH dealer that you are legitimately a dual resident, yes you may purchase handguns in NH . . . you would also qualify for a Resident license from NH as well as MA in that case.

I do NOT see it as a legal minefield. The Feds lay out the criteria clearly in black and white. Not every state or chief may agree however, but it doesn't change the law for FFLs.
 
Im hoping that someone can answer this for me. We have a vacation home in NH, and are there regularly, and I am looking into getting a resident license, However, the home is on an old land grant. Its within North Conway, but is not part of the town. There is no established "town" no mayor, police force etc. Would I go to the sheriffs department for a license in this situation?
 
Im hoping that someone can answer this for me. We have a vacation home in NH, and are there regularly, and I am looking into getting a resident license, However, the home is on an old land grant. Its within North Conway, but is not part of the town. There is no established "town" no mayor, police force etc. Would I go to the sheriffs department for a license in this situation?

Yes.
 
Im hoping that someone can answer this for me. We have a vacation home in NH, and are there regularly, and I am looking into getting a resident license, However, the home is on an old land grant. Its within North Conway, but is not part of the town. There is no established "town" no mayor, police force etc. Would I go to the sheriffs department for a license in this situation?

More detail:

159:6 License to Carry. –
I. (a) The selectmen of a town, the mayor or chief of police of a city or a full-time police officer designated by them respectively, the county sheriff for a resident of an unincorporated place, or the county sheriff if designated by the selectmen of a town that has no police chief, upon application of any resident of such town, city, or unincorporated place, 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.

http://www.gencourt.state.nh.us/rsa/html/xii/159/159-mrg.htm
 
I reached out to the Carrol County Sheriffs Dept, and inquired as to what I would need to prove proof of residence for a resident permit, but was informed by the sheriff that handles licensing that he only issues licenses to full time residents.

Looks like this might be a your mileage may vary type scenario unfortunately
 
I reached out to the Carrol County Sheriffs Dept, and inquired as to what I would need to prove proof of residence for a resident permit, but was informed by the sheriff that handles licensing that he only issues licenses to full time residents.

Looks like this might be a your mileage may vary type scenario unfortunately

Just tell him you'll be "resident" on election day to vote to keep him in office.

That's pretty much how the AG's office treats residency for voting purposes.
 
I know this is pretty much common knowledge, but just to throw it out there. When me and the wife filled out our applications we both used "All Lawful Purposes" for our reason and we used each other, her mom (different state) and my dad (different state) as references. None of the references were contacted.
 
I know this is pretty much common knowledge, but just to throw it out there. When me and the wife filled out our applications we both used "All Lawful Purposes" for our reason and we used each other, her mom (different state) and my dad (different state) as references. None of the references were contacted.
For resident permits, some towns put more effort into contacting references than do others, good to know that Mason is not problematic.

I reached out to the Carrol County Sheriffs Dept, and inquired as to what I would need to prove proof of residence for a resident permit, but was informed by the sheriff that handles licensing that he only issues licenses to full time residents. Looks like this might be a your mileage may vary type scenario unfortunately
Well that kind of sucks. One more edge case in the law to be refined in a future bill. While expensive, I guess you have the option of applying for the NH non-resident?
 
Well that kind of sucks. One more edge case in the law to be refined in a future bill. While expensive, I guess you have the option of applying for the NH non-resident?

yeah, unfortunately thats my only other option. It would have been nice to be able to buy free state bobbles, and not have to pay tax on them either.
 
yeah, unfortunately thats my only other option. It would have been nice to be able to buy free state bobbles, and not have to pay tax on them either.

The NH P/R license has NO bearing on being able to buy anything as a legit NH Resident! Read up on Dual Residency and how other states deal with it.
 
If you look in the classifieds and on Armslist, most New Hampshire posts offering firearms up for private sale want to see a NH resident P&R before completing a private no-paperwork transaction.
 
Back
Top Bottom