NR Open Carry Clarification Please.

[Dick Manley]

A buddy of mine at work who frequently goes to NH, stated that it is perfectly legal for me to OC even as a out of state resident. I have heard from many that I can carry in VT (OC or CC).

Can some one please confirm or deny this please. This would make me a little more comfortable on some day trips the GF and I are planning.

-DM-

 

[M1911]

You can't have a loaded gun in your car in NH unless you have a non-resident license. Non-resident NH licenses are very easy to get. Why not just get one?

 

[pdm]

Yes, you can OC in NH without a license. But M1911's mention of a loaded gun in your car is also true.

 

[Mike-Mike]

But yes, You can open carry in NH without a license. I agree with M1911 on this. Just get the license.

 

[Lynne]

You can't have a loaded gun in your car in NH unless you have a non-resident license. Non-resident NH licenses are very easy to get. Why not just get one?

$20 and 1 week (usually) - can't beat that with a stick.

 

[Doc Holiday]

$20 and 1 week (usually) - can't beat that with a stick.

Just a little update, yes it is legal to open carry in NH, depending on the town you go to depends on how much the police will make a big deal out of it, a.k.a, go to Mason, and your probably not going to be bothered, pretty gun freindly, go to Manchester and expect to be, at a minimum, have a cruiser or two drive by you, if not a full out right stop and questioning. Bigger cities kind of frown on it, but won't, or should say can't stop you from doing it. A loaded anything in your car is a big No No, the bullets MUST BE out of the gun and stored away from the gun, with regards to a revolver, with a semi-auto, the magazine MUST BE unloaded, out of the gun ( this is a grey area, some say it is ok to have an empty magazine in the gun, some say it is not, I heir on the side of caution and remove it as to avoid confusion), and seperate from the bullets with out the proper non-res permit, you will have the book thrown at you for this, they seem very strict on this in all parts of NH. No loaded rifles, or shotguns at any time, permit or not. As far as the permit, the one week wait is not accurate right now at least, it has been 12+ weeks and still waiting, for both my wife and I, and they are pretty back logged, some in part due to the mass amounts of applications being submited, and the staffing cuts they have had to endure. Right now, seems this is going to be the standard as far as wait times, for the time being. I would assume, it will improve once they are able to catch up, since the election of BO, things have been a little off tilt with all the new firearms owners, first timers, re-ups, and converts. That is one primary reason you see high gun and ammo prices everywhere, is the severe demand for both, because of the new administration and some of the possible and likely new laws,rules and regulations that may be imposed on people. That is another topic all together.

In short; with out the NH non-res permit, OC is fine. No transporting a loaded firearm with out the non-res permit in your car. Apply for the permit so you can CC, takes no time at all to fill out, just the waiting period sucks right now.


Good luck with your trips, welcome to NES, and join GOAL if you are not a member already. Safe shooting, and welcome to the club!

 

[Kenny474]

It is legal to OC in NH, except for the Capitol area as I understand. Certain places will hassle you a bit though. You will be better off if you get a permit. Open carry tends to upset people at times, so choose when and where you do it carefully. Remember, Cops are always right and some don't care what the actual laws are. If they don't want you to carry, they will hassle you to no end. I hope I don't offend and LEO's with that, as I only state my experience.
Kenny

BTW: Don't even think about open carry on Hampton Beach, you WILL be hassled. Too many people, and too many cops looking for anything to bust you on. Definitely get a permit for that.

 

[06LemansC6]

It is legal to OC in NH, except for the Capitol area as I understand.

I haven't heard that. Please provide something to back up this claim. My understanding is the only place prohibited by NH state law is courthouses. Of course federal law also still applies.

BTW: Don't even think about open carry on Hampton Beach, you WILL be hassled. Too many people, and too many cops looking for anything to bust you on. Definitely get a permit for that.

That may depend on the time of year. During the summer they hire many temporary police officers and they may not be as familiar with NH law as they should be. Not too long ago there was an open carry litter pickup event. I don't believe anyone got hassled. Of course this was during the off season. Personally I try to avoid Hampton Beach during the summer. It's a younger crowd and IMO filled with a large number of jackasses trying to impress members of the opposite sex.

 

[Kenny474]

I read the no open carry in the Capitol area while researching the open carry laws. It was second hand so it's validity is unknown to me, just something I would check on. Hampton beach is fine in the off season. During summer months there are so many cops hired from other states that are unsure of NH laws that they will hassle you on anything. I grew up 2 miles from Hampton Beach and have been hassled there enough to know that I wouldn't chance it. Get a permit, it will be far easier. I know I have been hassled for far less. I was in the process of being arrested for having a stun gun in my pocket when a full time officer finally showed up and got me off the hook. I can only imagine if I had a firearm strapped to my side. Your results may differ, but it wasn't fun to be humiliated in front of hundred's of people.
Kenny

PS: sorry, wrong state on the Capitol deal. Got confused, it happens.

 

[Jason]

It is legal to OC in NH, except for the Capitol area as I understand. Certain places will hassle you a bit though. You will be better off if you get a permit. Open carry tends to upset people at times, so choose when and where you do it carefully. Remember, Cops are always right and some don't care what the actual laws are. If they don't want you to carry, they will hassle you to no end. I hope I don't offend and LEO's with that, as I only state my experience.
Kenny

BTW: Don't even think about open carry on Hampton Beach, you WILL be hassled. Too many people, and too many cops looking for anything to bust you on. Definitely get a permit for that.

The Capital Area? I disagree, open and conceal carry are both legal inside the capitol build in Concord. A recent bill to ban guns in the capitol building was even defeated last year.

http://cm.nhpr.org/node/15095

The only place that prohibited by New Hampshire state law, even if you have a permit, is the courthouses. What everyone else stated about vehicles is also true. Any place prohibited by Federal law still applied to.

 

[Kenny474]

PS: sorry, wrong state on the Capitol deal. Got confused, it happens.

Already taken care of.

 

[Cmaro21]

with a semi-auto, the magazine MUST BE unloaded, out of the gun ( this is a grey area, some say it is ok to have an empty magazine in the gun, some say it is not, I heir on the side of caution and remove it as to avoid confusion), and separate from the bullets with out the proper non-res permit, you will have the book thrown at you for this, they seem very strict on this in all parts of NH.

Sorry to bring back a dead thread but I didn't feel the need to start all over when you said it so well here. I too am waiting on my non-res. With this weekends shoot coming I wanted to make sure of what I can an can't do without my CCW permit in NH yet. I'm glad I read this and now want to make sure.

1) No loaded rifles (like MA) but also no loaded mags (this one's different).
2) No loaded semi pistols, must be locked separately (No CCW yet so I must do this. This is my question area, I have to lock the pistol and 'mags+ammo' in seperate places unless I'm open carrying outside my vehicle?)
3) No open carry in my vehicle.

I'm camping in NH after the shoot and was wondering about securing my firearm then and for transit to and from the shoot. Just want to clarify that I can't have the gun unloaded with a full magazine in the same locked container, (this is how I keep it in MA if I'm going to disarm while traveling in my vehicle or going some place where no guns are allowed.)

Thanks

 

[lord1234]

too bad doobie isn't here to provide clarity...come back doobie!

 

[Cmaro21]

Anyone other than doobie have an answer

Thanks guys

 

[drgrant]

Here is the relevant RSA text..

Section 159:4
159:4 Carrying Without License. – No person shall carry a loaded pistol or revolver in any vehicle or concealed upon his person, except in his dwelling, house or place of business, without a valid license therefor as hereinafter provided. A loaded pistol or revolver shall include any pistol or revolver with a magazine, cylinder, chamber or clip in which there are loaded cartridges. Whoever violates the provisions of this section shall, for the first such offense, be guilty of a misdemeanor. For the second and for each subsequent violation of the provisions of this section, such person shall be guilty of a class B felony, provided such second or subsequent violation has occurred within 7 years of the previous conviction.

IMO the word "with" is subject to interpretation. To me it means a gun that has a magazine in it or near it is considered loaded. Back before I had an NH nonres all I did was stop in front of the border, drop the mag, empty the pipe, throw the mag and the extra round in one cubby in the
car and put the gun in the center console. Eventually I got a license and don't have to bother with this anymore.

There is no secure storage requirement in NH. The only real factor here is what you choose to use as a method of "ammo and gun separation". If you wanted to be really pedantic you could unload the magazine/speedloaders, too. In the long run it's easier to just get a license, despite the now $100 fee and the seeming forever wait.

-Mike

 

[Cmaro21]

Thanks drgrant. I did apply for my non-res but only sent $20. It was postmarked before they bumped the price, we'll see what happens..

So I can see and interpet the law as you have.

A loaded pistol or revolver shall include any pistol or revolver with a magazine, cylinder, chamber or clip in which there are loaded cartridges.

Therefore if I do as you say and

Back before I had an NH nonres all I did was stop in front of the border, drop the mag, empty the pipe, throw the mag and the extra round in one cubby in the
car and put the gun in the center console.

I guess I just want to make sure that moparman is incorrect in his statement saying

A loaded anything in your car is a big No No, the bullets MUST BE out of the gun and stored away from the gun, with regards to a revolver, with a semi-auto, the magazine MUST BE unloaded, out of the gun

Mopar - this is in no way a jab at you, I'm just looking to clear the muddy waters bud.

Like you said dr,

If you wanted to be really pedantic you could unload the magazine/speedloaders, too.

This is exactly what I wanted to avoid. Having to unload, reload the mags. If it's the law then fine and no problem, but if it's just a pessimistic overkill of an unclear rule then why? Maybe one of the Lawyers could clarify this one and put it to sleep.

Thanks again.

 

[drgrant]

Like you said dr,
This is exactly what I wanted to avoid. Having to unload, reload the mags. If it's the law then fine and no problem, but if it's just a pessimistic overkill of an unclear rule then why? Maybe one of the Lawyers could clarify this one and put it to sleep.

I don't know if there is anything to put to sleep, unless there is a piece of case law (or perhaps, an opinion from someone like the NH AG) that clearly delineates what "with" means. I would bet most of the case law based off 159:4 is going to tell us what we already basically know- that having
a loaded gun without a permit in a car is bad in NH, but with the precursor that all, or nearly all of these convictions are going to involve firearms
which had ammunition present inside the firearm. It's also distinctly possible that is what "with" means, eg, together as a functional
unit; although if that was the intent of the law, they should have worded it to be clearer in this regard.

I should have clarified when I said "unload the magazine"- eg, say you had to store all the crap in the same location, you could unload your magazine/speedloader so that would render the issue of "loaded magazine" being moot even if everything was in the same location.

My opinion is that it appears one can satisfy the law just by separating the two by some degree. If the items were stored in two separate locations this seems to break down the term "with"- eg, the objects are no longer together so the legal equation required for a conviction fails.

-Mike

 

[Cmaro21]

Your argument makes sense and since this isn't MA that were talking about but rather NH, common sense still goes a long way.

I will do as you had done, separate the two with one in some sort of container, eg. center console.

Thanks again.

 

[M1911]

You might check with GONH. http://www.gonh.org

 

[drgrant]

You might check with GONH. http://www.gonh.org

They have a nice faq on there by Penny Dean... that contains this little nugget of information...

The definition of a loaded and concealed pistol or revolver MAY include loaded clips or magazines. This matter has not been decided by the New Hampshire Supreme Court to the bestof my knowledge, however, currently it is my understanding that at least one Superior Court has decided that an individual in possession of a new pistol and two loaded magazines was carrying a concealed firearm without a license when he had the pistol and magazines on the seat of his car, and thus better safe than sorry, get a license!

This would seem to indicate that loaded mags + gun in direct proximity = bad w/o a permit. Of course, who knows what the level of proximity is required to satisfy the law.


-Mike