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NH police comment on NH constitutional carry

RG Sports

RG Sports

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I recently overheard a NH cop telling someone that the new law is only for NH residents. Everyone else still needs a non res permit. She also said a P &R license was needed for residents to buy a handgun.

I think she's wrong. What do you guys think?
 
Jesus cwithe, for the 50th time, that's a myth. Read the law. It says nothing about "residency".

-Mike
 
Ironically, police officers are the last people to ask about the law. The extent to which they are misinformed is staggering.

You usually get what they want the law to be.
 
Coworker got the same statement from the state state police when he called to confirm that he didn't need to renew his non-res... every other agency/department he spoke to told him that it was perfectly fine, no reason to renew other than some minor things which didn't apply to his needs.
 
banditone said:
I recently overheard a NH cop telling someone that the new law is only for NH residents. Everyone else still needs a non res permit. She also said a P &R license was needed for residents to buy a handgun.

I think she's wrong. What do you guys think?
Click to expand...

What do I think? I think she is full of shit.
 
I know a couple of staties and they do not like the new CC law. There's a part of me that wonders if they are passing on this misinformation on purpose.
 
Koolmoose said:
So with this lack of ignorance or misunderstanding by various NH police officers / departments what is going to happen if one ventures over the state line from Ma while carrying and is stopped by the PoPo?
Click to expand...

For the arrestee: spending the night in jail and having to hire a lawyer and spend thousands to defend him/herself, then perhaps a civil lawsuit for false arrest against the PD.

For the police: absolutely nothing. SCOTUS has ruled that cops don't have to know the law. But YOU, the law abiding citizen, better know it.
 
Koolmoose said:
So with this lack of ignorance or misunderstanding by various NH police officers / departments what is going to happen if one ventures over the state line from Ma while carrying and is stopped by the PoPo?
Click to expand...

You don't need to cross any state line to run into a cop that has no idea what the laws are.
 
I'm taking part in giving a public talk on HB12/RSA 159:6 tonight. It's clear from the LEO standpoint that the more information that they can potentially have/get about an individual that they confront/pull-over, the better for them. This would include New Hampshire's (now by statute not-required) Pistol & Revolver License (not Permit mind you, never was, ...not asking for permission ...a license like a plumber or electrician).

I have heard mixed information of just how complete and accessible this info is in any case. A Conservation Officer just recently told me that neither his department (NHF&G Conservation Officers) or the State Police have access to any database when mobile at least that includes information on P&R Licenses or licensed holders. At other times, I have been told that that information is available as a symbol on the "screen" when a citizen's NH license is checked by law enforcement. I tend to trust what the CO told me to be not only true, but current.

Of course, as of February, the P&R License still exists, but no NH resident or out-of-state resident is required to get one. I get the feeling that police in local jurisdictions (towns and cities where they work) do have access to your information if you registered in that jurisdiction.

And, in my experience, your local LEO is often the least likely to know the current gun laws, and when uncertain, simply defer to the most conservative position.
 
rwl1955 said:
So my non-resident license is not needed now?
Click to expand...

Well, there are a few stupid exceptions:

-Fed GFSZ compliance (possessing a gun @ K-12 school in NH)
-Carrying a handgun while riding an ATV (some stupid hunting reg).
-Reciprocity with a bunch of states already covered by FL or UT license

Other than that, no, you wouldn't need it.

-Mike
 
I am going be that imbecile and ask: How does the CC law changes affect hunting? I see per Mike above that retaining my non res would still have fringe benefits for ATV's, anything else?
 
Here is the law for everyone to read, it is pretty clear.

http://gencourt.state.nh.us/bill_status/billText.aspx?sy=2017&id=154&txtFormat=html

CHAPTER 1

SB 12-FN - FINAL VERSION





2017 SESSION

17-0140

04/09



SENATE BILL 12-FN



AN ACT repealing the licensing requirement for carrying a concealed pistol or revolver.



SPONSORS: Sen. Bradley, Dist 3; Sen. Avard, Dist 12; Sen. Birdsell, Dist 19; Sen. Carson, Dist 14; Sen. Daniels, Dist 11; Sen. Gannon, Dist 23; Sen. Giuda, Dist 2; Sen. Gray, Dist 6; Sen. Innis, Dist 24; Sen. Morse, Dist 22; Sen. Reagan, Dist 17; Sen. Sanborn, Dist 9; Sen. Ward, Dist 8; Rep. Itse, Rock. 10; Rep. Spillane, Rock. 2; Rep. Pearl, Merr. 26; Rep. Hinch, Hills. 21; Rep. Harrington, Straf. 3



COMMITTEE: Judiciary



-----------------------------------------------------------------



ANALYSIS



This bill:



I. Increases the length of time for which a license to carry a pistol or revolver is valid.



II. Allows a person to carry a loaded, concealed pistol or revolver without a license unless such person is otherwise prohibited by New Hampshire statute.



III. Requires the director of the division of state police to negotiate and enter into agreements with other jurisdictions to recognize in those jurisdictions the validity of the license to carry issued in this state.



IV. Repeals the requirement to obtain a license to carry a concealed pistol or revolver.



- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -



Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0140

04/09



STATE OF NEW HAMPSHIRE



In the Year of Our Lord Two Thousand Seventeen



AN ACT repealing the licensing requirement for carrying a concealed pistol or revolver.



Be it Enacted by the Senate and House of Representatives in General Court convened:



1:1 Pistols and Revolvers; License to Carry. Amend RSA 159:6 to read as follows:

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] 5 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] unless the applicant is prohibited by New Hampshire or federal statute from possessing a firearm. 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.

(b) 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] 5 years. When required, license renewal shall take place within the month of the [fourth] fifth 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 town or city granting said licenses; the fee for licenses granted to out-of-state residents shall be $100, 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. The form shall require no more information than was required on the state of New Hampshire application for pistol/revolver license, form DSSP 85, as revised in December 2009. 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.

III. The availability of a license to carry a loaded pistol or revolver under this section or under any other provision of law shall not be construed to impose a prohibition on the unlicensed transport or carry of a firearm in a vehicle, or on or about one’s person, whether openly or concealed, loaded or unloaded, by a resident, nonresident, or alien if that individual is not otherwise prohibited by statute from possessing a firearm in the state of New Hampshire.

1:2 Pistols and Revolvers; Reciprocity. RSA 159:6-d is repealed and reenacted to read as follows:

159:6-d Reciprocity. The director of the division of state police shall negotiate and enter into reciprocal agreements with other jurisdictions to recognize in those jurisdictions the validity of the license issued under RSA 159:6. The director shall apply to every jurisdiction with which New Hampshire does not have a reciprocity agreement, at least once every 5 years to obtain recognition in those jurisdictions of the license issued under RSA 159:6. Any such agreement executed shall not expire unless an expiration date is required under the statutes of the reciprocal jurisdiction.

1:3 Repeal. RSA 159:4, relative to requiring a license to carry a concealed pistol or revolver, is repealed.

1:4 Effective Date. This act shall take effect upon its passage.

Approved: Feb 22, 2017

Effective Date: 2/22/2017
Click to expand...
 
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We're working on the ATV issue, which is really related to carrying in a vehicle in relation to "poaching" which unfortunately the NHFG uses as a crutch to jam people up for no reason. Hopefully by next year you'll be able to leave that AR in the gun rack loaded while driving around [grin]
 
xtry51 said:
We're working on the ATV issue, which is really related to carrying in a vehicle in relation to "poaching" which unfortunately the NHFG uses as a crutch to jam people up for no reason. Hopefully by next year you'll be able to leave that AR in the gun rack loaded while driving around [grin]
Click to expand...


Cool, thanks!
 
From the NHSP website:

https://www.nh.gov/safety/divisions/nhsp/newsevents/2017/20170222-concealed-carry.htm



News and Events

For Immediate Release
February 22, 2017 For more information contact:
Captain Paul Hardcastle

Concealed Carry Law, Senate Bill 12, signed by Governor Sununu

On February 22, 2017, Governor Sununu signed into law Senate Bill 12 authorizing the carrying of a concealed pistol or revolver for qualified persons with or without a permit. The main language change in this law is as follows:

The length of time for a permit to carry a concealed pistol or revolver changed from four years to five years
A person may carry a concealed loaded pistol or revolver without a license, unless such person is otherwise prohibited by New Hampshire or federal statute.
Requires the Director of State Police to negotiate and enter into agreements with other jurisdictions to recognize the validity of the New Hampshire license to carry.
Repeals the requirement to obtain a concealed carry license, both for residents and non-residents, and making the seeking of a license voluntary.

Residents and non-residents who wish to continue participating in the concealed pistol or revolver permit system may continue to file applications with either their New Hampshire city or town as previously required, or in the case of a non-resident seeking a concealed pistol or revolver permit, an application will need to be filed with the Department of Safety, Division of State Police Permits and Licensing Unit.

Concealed pistol or revolver permits issued within the State of NH will be required for residents and non-residents seeking to carry under a reciprocity agreement within another state.

**New Hampshire law prohibits the possession of a firearm under the following:

Felony conviction against person or property
Felony conviction in violation of RSA 318-B, the New Hampshire Controlled Drug Act, or
The subject of a valid domestic violence protection order

For further guidance related to Federal prohibition, please refer to: https://www.atf.gov/firearms/identify-prohibited-persons.
 
bigblue said:
I am going be that imbecile and ask: How does the CC law changes affect hunting? I see per Mike above that retaining my non res would still have fringe benefits for ATV's, anything else?
Click to expand...

Snowmobile CCing, CCing on school grounds, etc. and reciprocity.
 

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