"Open" Carry

[NeverMiss]

Ok, stupid question time...

As concerned with open carry in say, NH and Maine...what is considered "open"? My EDC is a Bodyguard .380, and I carry it in a IWB holster. It practically dissapears, and all that is visible if I lift my shirt is the small portion of the butt end. Would this satisfy open carry? Or, would the entire gun have to be visible in an OWB holster?

thanks

 

[A1850]

Concealed is concealed. If a scared sheep sees it, and wants to report it...it is in the open.

 

[Kevin_NH]

concealed upon his person

The statute itself reads "concealed upon his person".

Most people who "open" carry are loud and proud, avoiding the question entirely. Common definition would be that so long as any part of the firearm is exposed, sufficient for somebody standing next to you to positively identify it as a sidearm, it is not concealed.

 

[TZCHRIS]

I think he is asking about how to legally open carry in Maine or NH. When I hike in Maine I open carry because I don't have a licence to CCW in MAine, never had an issue. I think he wants to know how much of the gun needs to be showing to be legal open carry?

 

[ochmude]

Concealed is concealed. If a scared sheep sees it, and wants to report it...it is in the open.

I think the OP is asking how to comply with a requirement to carry openly, such as if one does not have a NH concealed carry license. Some states that allow unlicensed open carry actually have a requirement for just how much of the gun must be visible for it to be considered "open".

 

[soloman02]

I think the OP is asking how to comply with a requirement to carry openly, such as if one does not have a NH concealed carry license. Some states that allow unlicensed open carry actually have a requirement for just how much of the gun must be visible for it to be considered "open".

As far as I know, NH doesn't have a statute on open carry, only concealed carry. Therefore as long as you do not meet the definition of concealed carry, you are open carrying, which as KevinNH point out reads "concealed upon his person." "Concealed" also means loaded gun in a vehicle, whether on your person or not.

There may be case law the points to how much a gun can be concealed before it is considered "concealed." Then again, this is NH so there probably isn't.

Aside from the $100, it is stupid easy to get an NH non-resident conceal carry license. Just get a CCL and then you can carry how ever you want.

 

[xtry51]

I'd just like to point out that no one in NH is going to call the police because they see you carrying a gun. Just carry the damn thing and breathe some non-Mass air.

 

[ColdDayInHell]

I'd just like to point out that no one in NH is going to call the police because they see you carrying a gun. Just carry the damn thing and breathe some non-Mass air.

Ding ding mother****ing ding.

 

[soloman02]

I'd just like to point out that no one in NH is going to call the police because they see you carrying a gun. Just carry the damn thing and breathe some non-Mass air.

Ding ding mother****ing ding.

If you walk onto the UNH campus (IE walk on Main Street, which is perfectly legal since it is town property, even the road/sidewalk in front of Thompson Hall) open carrying, you will get the cops called on you as there are many moonbats with their panties on too tight roaming around the UNH campus.

Other than that, yea, not very likely the cops will be called.

 

[NeverMiss]

Yup. What I am trying to figure out is, what is the fine line between open/concealed. How much of the gun needs to show to be considered "open"

 

[Jude Thaddeus]

Yup. What I am trying to figure out is, what is the fine line between open/concealed. How much of the gun needs to show to be considered "open"

This is a gray area. Some lawyers say all has to be and some say just some. I have seen numerous open carriers in Plaistow, Salem, and Derry. Hell, I did it in Derry with no issues. I made sure that all the firearm was exposed.

 

[mark056]

Be careful in Manchester. Remember the Michael Pellietier incident in Manchester back in 2004.

NH: Seized by the Manchester Police for Open Carry (vanity)

Yes, he was released, but he was also harassed by the police and in today's climate, it is much easier to find a charge under the guise of terrorism laws. Don't be afraid to exercise your right, but be prepared.

- - - Updated - - -

Be careful in Manchester. Remember the Michael Pellietier incident in Manchester back in 2004.

http://www.freerepublic.com/focus/f-news/1107601/posts

Yes, he was released, but he was also harassed by the police and in today's climate, it is much easier to find a charge under the guise of terrorism laws. Don't be afraid to exercise your right, but be prepared.

 

[pat riot]

If you are going to carry open without an NH pistol and revolver license, I would carry in an outside the waistband holster. If you have a more specific manner in which you wish to carry but are unsure if it is legal, please ask that question.

I have the NH P&R license and I carry "casually" concealed. Since OC is legal I care less about which garments I wear to conceal my pistol. If it prints or becomes exposed, no big deal, and no need to stress. Lately I have been carrying in an IWB holster but leave my shirt tucked between my body and the holster, so my gun is exposed. I then put on my jacket which I almost always wear since it is winter right now. This manner is much more comfortable and much easier to draw. I have "accidentally" exposed my pistol a few times when reaching for my wallet or picking up my daughter, but Ive never heard a peep from anyone, police or citizen.

I saw two guys blatantly OCing at walmart in Milford. We got to talking in the ammo aisle, and they said that in the 2 years that they have been open carrying they have not had a single issue. Even a few of the walmart employees over heard and jumped in on the convo confirming what the other 2 guys were saying.

Now that said.... In Manchester mall or pheasant lane mall in Nashua I am a little more cautious of keeping my pistol concealed.

 

[ericcif]

Just an assumption on my part but I think a IWB holster would not be considered open carrying.

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[KBCraig]

Just an assumption on my part but I think a IWB holster would not be considered open carrying.

Attorney: "So, Mr. Officer, when you arrested my client for carrying a concealed pistol without a license, how did you know he had a pistol?"
Officer: "I could see it."
Attorney: "The defense rests."

 

[cutlass442]

if you have a license in nh your allowed fully concealed loaded you still didnt specify your reason for concern... are you a mass resident with nh non resident license, if so anyway you want to carry is acceptable fully concealed or open

 

[ericcif]

Attorney: "So, Mr. Officer, when you arrested my client for carrying a concealed pistol without a license, how did you know he had a pistol?"
Officer: "I could see it."
Attorney: "The defense rests."

Guess he can HOPE that's the way it goes.

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[NH-GP100]

FWIW I specifically got my licence because I mostly wear long coats. Since there is a good chance at least part of an open carry on my belt would be concealed (hell, if I'm in my duster I could wear my 6" GP low and it would be fully concealed) I figured I would just play it safe. As a rule I don't generally carry anyway (open or concealed), since my jobsite has work rules that prohibit firearms as well as a host of other things. Even when I am not working I just don't generally feel the need to carry, even if I do support the right to do so.

 

[NeverMiss]

Right, MA resident. No NH permit (yet).

 

[KBCraig]

Guess he can HOPE that's the way it goes.

In NH, it wouldn't even reach that stage.

I have an acquaintance who was arrested for illegal carry. He had two loaded 1911s, Condition One, concealed in holsters on his body while driving, and had no R&P License.

He took it to trial and won.

 

[soloman02]

In NH, it wouldn't even reach that stage.

I have an acquaintance who was arrested for illegal carry. He had two loaded 1911s, Condition One, concealed in holsters on his body while driving, and had no R&P License.

He took it to trial and won.

Seriously? That's awesome!

 

[Dreadknot65]

NH has always been good about OC and CC. I remember and officer asked me what I was carry (Open carry) and I said it was a S&W M&P40. He looks at me and says, "Oh hey thats what I have. You know any good places for 15 round mags? I can't find any lately". Show me an example of that happening in MA.

 

[jibbr71]

In NH, it wouldn't even reach that stage.

I have an acquaintance who was arrested for illegal carry. He had two loaded 1911s, Condition One, concealed in holsters on his body while driving, and had no R&P License.

He took it to trial and won.

So, in flagrant violation of not just one part of the CC statute, but doing both things specifically prohibited by it? I'm not saying I don't believe it, but it seems that it would have gotten some fanfare.....a dismissal of a case as you describe it would essentially negate the P&R license, and give us constitutional carry, am I right?


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[Kevin_NH]

If you already have an LTC from any state, just go ahead and spend the $100 for our 4-year Non-Resident permit and then don't worry about whether it's concealed or not while you're in New Hampshire.

Most people who "open" carry are loud and proud, avoiding the question entirely.
Common definition would be that so long as any part of the firearm is exposed, sufficient for somebody standing next to you to positively identify it as a sidearm, it is not concealed.

As I said, if you're going to "open carry" in New Hampshire because you can't legally carry concealed here, don't play a game of brinksmanship, let it all hang out.

 

[drgrant]

In NH, it wouldn't even reach that stage.

I have an acquaintance who was arrested for illegal carry. He had two loaded 1911s, Condition One, concealed in holsters on his body while driving, and had no R&P License.

He took it to trial and won.

My guess is he got lucky on some kind of technicality or prosecutorial misconduct by the police? Either that or the judge/jury thought the law was obnoxious?

Nearly every "gun possession" case I've seen in NH revolved around vehicle stops or a guy concealing a pistol without a license.

-Mike

- - - Updated - - -

So, in flagrant violation of not just one part of the CC statute, but doing both things specifically prohibited by it? I'm not saying I don't believe it, but it seems that it would have gotten some fanfare.....a dismissal of a case as you describe it would essentially negate the P&R license, and give us constitutional carry, am I right?

A case getting dumped at a district court level (im guessing thats what it would be, since it's not like a felony for first offense) is not really precedent setting. Not to mention if it never went to full trial.....

-Mike

 

[KBCraig]

So, in flagrant violation of not just one part of the CC statute, but doing both things specifically prohibited by it? I'm not saying I don't believe it, but it seems that it would have gotten some fanfare.....a dismissal of a case as you describe it would essentially negate the P&R license, and give us constitutional carry, am I right?

No, the outcome of a case doesn't establish precedent unless appealed. Next guy with the exact same circumstances and the exact same judge might lose.

My guess is he got lucky on some kind of technicality or prosecutorial misconduct by the police? Either that or the judge/jury thought the law was obnoxious?

I'm not sure of all the details. His ex was his legal rep, and they've since split because he turned out to be a raging violent alcoholic.

 

[Wendell]

Ok, stupid question time...

An ounce of prevention is worth a pound of cure.

State Police: Licenses & Permits: Firearms Permits & Professional Licensing

Pistol and Revolver Licensing, Permits and Licensing, Support Services - Division of State Police, NH DOS

Lawyers fees generally start at about $300. per hour.

 

[Gidge]

As far as I know, NH doesn't have a statute on open carry, only concealed carry. Therefore as long as you do not meet the definition of concealed carry, you are open carrying, which as KevinNH point out reads "concealed upon his person." "Concealed" also means loaded gun in a vehicle, whether on your person or not.

So MA residents without their NH CCW can not keep a loaded weapon on them, even if it is in plain view (OC) ?

This is a gray area. Some lawyers say all has to be and some say just some. I have seen numerous open carriers in Plaistow, Salem, and Derry. Hell, I did it in Derry with no issues. I made sure that all the firearm was exposed.

An IWB holster with a tucked in shirt is sufficient, AFAIK
(I'm MA resident who frequently open carries in this manner in NH, without incident).

 

[Kevin_NH]

So MA residents without their NH CCW can not keep a loaded weapon on them, even if it is in plain view (OC) ?

NH doesn't care what state you're a resident of. Statute prohibits having a loaded gun in a car, or concealed, without a recognized license, such as the NH Pistol and Revolver License.

Other than that, as soloman02 says "NH doesn't have a statute on open carry, only concealed carry. Therefore as long as you do not meet the definition of concealed carry, you are open carrying". Since there's no statute on it, open carry is allowed by default.

 

[Gidge]

NH doesn't care what state you're a resident of. Statute prohibits having a loaded gun in a car, or concealed, without a recognized license, such as the NH Pistol and Revolver License.

Other than that, as soloman02 says "NH doesn't have a statute on open carry, only concealed carry. Therefore as long as you do not meet the definition of concealed carry, you are open carrying". Since there's no statute on it, open carry is allowed by default.

So I take it NH doesn't recognize the MA LTC (Why should they, we don't recognize a firearms license from any other state) ?