Possessing Firearms at Rental Residence in NH

[SubieGuy4]

I was surprised not to be able to find anyone who has asked this question before.

I'm moving to NH from MA (and I'm elated about it). I'm planning on purchasing a house sometime in 2013 but I'm starting our renting a small house for 6-12 months while I get my feet planted. While renting, can I keep firearms at the house? Obviously they'd be properly locked up and all, but I don't know how it works when you don't actually own the property.

 

[M1911]

Yes.

 

[Dradian]

I was surprised not to be able to find anyone who has asked this question before.

I'm moving to NH from MA (and I'm elated about it). I'm planning on purchasing a house sometime in 2013 but I'm starting our renting a small house for 6-12 months while I get my feet planted. While renting, can I keep firearms at the house? Obviously they'd be properly locked up and all, but I don't know how it works when you don't actually own the property.

Mass gun laws mean nothing in nh

Sent from my SPH-L710 using Tapatalk 2

 

[appraiser]

you really have to leave your MA stinkin thinkin at the border when you come north.

There is no AWB here, there are no safe storage laws here, there are no requirements to be licensed here, every gun I own was bought on a handshake from a NES member with a bill of sale.

the terms "pre and post ban" are not allowed to be used here.

 

[Jose]

I was surprised not to be able to find anyone who has asked this question before.

That's because there is no reason to ask it.

While renting, can I keep firearms at the house?

Why would you not? If you didn't find a law saying that you cannot, the obvious answer is that you can.

Obviously they'd be properly locked up and all

Why would you lock them up?

 

[40 caliber]

The only requiremet is that they need to be in your control if minors are in the house and they cannot access them. No minors equals no requirement

 

[Kevin_NH]

How it works when you don't own the property?

I'm moving to NH from MA (and I'm elated about it). I'm planning on purchasing a house sometime in 2013 but I'm starting our renting a small house for 6-12 months while I get my feet planted. While renting, can I keep firearms at the house? Obviously they'd be properly locked up and all, but I don't know how it works when you don't actually own the property.

Congratulations on your move to NH! Smart move, renting before buying. Care to say which town?

There are few limitations in NH tied to owning property, one example being the "Resident Landowner" deer tag.

You are a NH resident the moment you've "demonstrated a current intent to designate that place of abode as his principal place of physical presence for the indefinite future to the exclusion of all others" (NH RSA 21:6). So the moment you sign that lease, it's time to visit the DMV, register to vote, and go shopping for a post-ban EBR with "that shoulder thing that goes up".

Much as I hate to say it, if you have an unrestricted LTC-A in MA and work there 5 days a week, you might want to keep your Massachusetts residency for a while. As far as Massachusetts is concerned, as long as you work in the state you owe them income tax, even though your residency will be terminated the day you swap your Driver's License and turn in your "Spirit of America" license plates, making your MA-LTC invalid.

 

[jfcasey]

Sometimes this sub forum really opens my eyes It must take years for that state of mind you guys in Mass have to go away once you move up here. Like others have said the only laws are concerned with minors having access. If that seems awesome wait until you get your Pistol Permit with one sheet of paper and a ten dollar bill.

 

[drgrant]

Yes, it's fine, no stupid ****ing locks required in NH, either. (if you don't want to. )

-Mike

 

[appraiser]

It must take years for that state of mind you guys in Mass have to go away once you move up here.

it takes about 5 seconds, starting with taking your seat belt off, or helmet off at the border and flipping MA the bird

 

[Blstr88]

I know how you feel...I moved up here 3 years ago from Long Island, NY.

I almost sh*t my pants when I went into a gun store to look at pistols, asked the guy to see one...filled out a form, waited 10 minutes, gave him some money and walked out with the handgun and a box of ammo in my hand. It was used so it didnt even have a box, just a gun and ammo. I couldnt believe places like this existed!

I had waited almost a year to get a pistol permit in NY, and that isnt to carry it...just to own. And to buy one you need to fill out papers, wait many days, go back and forth fourteen times getting things signed, THEN pick up the gun...along with your stupid 10-round magazines

Congrats on the move, enjoy the freedom! But don't tell all your friends...we don't want too many of you guys moving up here

 

[Twigg]

Obviously they'd be properly locked up and all,

No "safe storage" laws here but I'd suggest a safe to protect your investment.

 

[Gary599]

U can open Carry here as well. But do not carry on your person in car without a permit.

 

[Boghog1]

The only requiremet is that they need to be in your control if minors are in the house and they cannot access them. No minors equals no requirement

you got a RSA for that?

 

[Kevin_NH]

you got a RSA for that?

To quote doobie: 650-C:1

Any person who stores or leaves on premises under that person's control a loaded firearm, and who knows or reasonably should know that a child is likely to gain access to the firearm without the permission of the child's parent or guardian, is guilty of a violation if a child gains access to a firearm and:
(a) The firearm is used ...
. . .
V. This section shall not apply whenever any of the following occurs:
(e) The person who keeps a loaded firearm on any premises which are under such person's custody or control has no reasonable expectation, based on objective facts and circumstances, that a child is likely to be present on the premises.

IOW, it's only a violation if it is loaded, you know there are or will be kids around, and something happens. Pretty straightforward, like most of the RSAs.

 

[TayNinh_66]

To quote doobie: 650-C:1


IOW, it's only a violation if it is loaded, you know there are or will be kids around, and something happens. Pretty straightforward, like most of the RSAs.

Correct as far as criminal law goes, but civil actions are another matter. Wasn't it Colebrook where nephew broke into cabin and took gun from behind wood stove and then killed a couple of people? Civil suit filed because they claimed owner should have known that nephew was a felon, knew how to get in cabin, and knew where gun was located. Not sure how it ended, owner probably prevailed because he had no reasonable expectation that nephew would do such a thing, but it probably cost him $20K-30K in legal fees.

Gun safe is real cheap in comparison, even in NH.

 

[Boghog1]

it was in colebrook but it was thrown out of court

 

[soloman02]

it was in colebrook but it was thrown out of court

Anyone know if the judge made the plaintiff pick up the legal fees for bringing the frivolous case to court?

 

[Jose]

But do not carry on your person in car without a permit.

It doesn't have to be "on your person" for it to be a violation.

A reasonable person would take your statement and infer that one must merely take the loaded pistol "off one's person" to be legal in a MV without needing a pistol/revolver license.

Read RSA 159.4 again please.

 

[Kevin_NH]

Jones v. Secord, No. 10-146, 2011 WL 1557883

Correct as far as criminal law goes, but civil actions are another matter. Wasn't it Colebrook where nephew broke into cabin and took gun from behind wood stove and then killed a couple of people? Civil suit filed because they claimed owner should have known that nephew was a felon, knew how to get in cabin, and knew where gun was located. Not sure how it ended, owner probably prevailed because he had no reasonable expectation that nephew would do such a thing, but it probably cost him $20K-30K in legal fees.

it was in colebrook but it was thrown out of court

Anyone know if the judge made the plaintiff pick up the legal fees for bringing the frivolous case to court?

Here's the article on the dismissal. OTOH, the point of this thread is about legality, not about whether you can prevail in a lawsuit. Final judgement was:

"The district court rejected these claims and granted summary judgment in favor of the gun owner. Jones v. Secord, No. 10-146, 2011 WL 1557883 (D.N.H. Apr. 26, 2011). The plaintiff appeals. We affirm ... While conceding that New Hampshire has not yet found a common-law duty of care in the context of a homeowner's storage of firearms, she nonetheless contends that such a duty exists. ... under New Hampshire law, "individuals ordinarily are not subjected to liability for the criminal acts of third parties."

Doesn't say anywhere whether the judge made the plaintiff pick up costs, but it does say she made many mistakes and had no real grounds to file the suit, so I wouldn't be surprised if they did.


What's interesting about this case is that Jones' lawyer had expressed hope for a decision that would require gunowners to store guns and ammunition responsibly, basically Gail was trying to create "safe storage" law in NH via civil suit.