School Carry w/ Non-Res P&R

[ProGun]

I have reason to be on the campus of a private high school in the Granite State and have done some searches, and am not 100% clear on the law. I have a NH non-resident P&R License. Can I carry on the campus, or do I need to store my firearm unloaded in a secure pistol box in my vehicle? Or is that even that a no go? Thanks!

 

[ProGun]

Over 125 views, and looks like no one is sure on this, so I did some more digging into the laws. Looks like there is no NH law prohibiting carry/possession on school property (if you have P&R License). Federal law looks to be the only issue with this scenario. Based on that, looks like you can have an UNLOADED firearm that is secure in a locked container in your car.

This looks like the key part of the Federal law:

(2) (A)

It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that
otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.


(B)Subparagraph (A) does not apply to the possession of a firearm

—
(i)
on private property not part of school grounds;
(ii)
if the individual possessing the firearm is licensed to do so by the State in which the
school zone is located or a political subdivision of the State, and the law of the State or
political subdivision requires that, before an individual obtains such a license, the law
enforcement authorities of the State or political subdivision verify that the individual is
qualified under law to receive the license;

(iii)
that is
—
(I)not loaded; and

(II)in a locked container, or a locked firearms rack that is on a motor vehicle;

(iv)by an individual for use in a program approved by a school in the school zone;

(v)by an individual in accordance with a contract entered into between a school in the

school zone and the individual or an employer of the individual;
(vi)by a law enforcement officer acting in his or her official capacity; or

(vii)that is unloaded and is possessed by an individual while traversing school

premises for the purpose of gaining access to public or private lands open to hunting,
if the entry on school premises is authorized by school authorities.

 

[nhpoke]

I just stumbled across this...

In discussions I've had with people on the particular issue of carrying in schools paragraph ii says:

if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;

For those of us that have in state licenses, there is some technical wiggle room that needs dealt with... Since under NH law either the COP or the Town Selectmen can issue a P&R permit there is debate about whether or not we meet the "the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;" clause (just because selectmen are allowed to issue a P&R).

Interestingly, for an out of state P&R, they can only be issued by a law enforcement authority (state police), and in that manner would qualify under paragraph ii.

To my knowledge there is no state law concerning firearms in schools, so only federal law applies.

Please keep in mind IANAL, but it would seem that you are good (which implies there's something wrong if someone with an out of state P&R has more rights than someone with an in state P&R).

 

[ProGun]

I'm reading the law the same as you. The more I read it, I think you can legally carry if you have a P&R license issued by law enforcement. I believe Paragraph iii is a separate part of the law, and would apply for those without a valid NH P&R license. That said, I'm not an attorney and it is probably safer to go along with the paragraph iii requirements to be certain you're not jammed up for school carry. I'd love to get an expert attorney opinion on this topic.

 

[RImike]

I'm reading the law the same as you. The more I read it, I think you can legally carry if you have a P&R license issued by law enforcement. I believe Paragraph iii is a separate part of the law, and would apply for those without a valid NH P&R license. That said, I'm not an attorney and it is probably safer to go along with the paragraph iii requirements to be certain you're not jammed up for school carry. I'd love to get an expert attorney opinion on this topic.

I wouldn't say you could carry it, but rather upholster, unload and secure in a locked container.

BTW, my state (RI) spells this situation out much clearer, state law regarding firearms on school grounds: 11-47-60
(b) The provisions of this section shall not apply to any person who shall be exempt pursuant to the provisions of §§ 11-47-9, 11-47-11, and 11-47-18 or to the following activities when the activities are officially recognized and sanctioned by the educational institution

If you have a license under one of the three (11-47-9. 11-47-11 and 11-47-18), then you fall under the criteria outlined in the transportation part of the federal law.

 

[mikem317]

Yeah, technically, the non-resident licenses, which ARE issued by the SP, satisfy the GFZ requirements. The resident licenses only satisfy the requirement if their issued by the CLEO, but some smaller towns and unincorporated areas have their P&Rs signed off by the town selectmen.