Storage Requirements?

[sigp6]

Are there any laws or regulations in NH on storing rifles or handguns? Even if there are no requirements, I assume that there is always the danger of a civil suit, correct?

My context is hiking and camping. Open carry (or concealed with no ammunition on person) seems legal even without a concealed carry permit, but what happens over night?

 

[Twigg]

but what happens over night?

Get drunk and pass out ?

Seriously though, just relax, no need to do anything special (In N. H.)
I tend to leave my sidearm loaded, locked & cocked within reach.

 

[sigp6]

Thanks!

 

[GSG]

Are there any laws or regulations in NH on storing rifles or handguns? Even if there are no requirements, I assume that there is always the danger of a civil suit, correct?

My context is hiking and camping. Open carry (or concealed with no ammunition on person) seems legal even without a concealed carry permit, but what happens over night?

I think that could get tricky without a NH pistol permit. I'm assuming you'll be in a tent, or a sleeping bag, which would probably conceal the gun. I'm willing to bet a tent could be considered a dwelling of sorts, but...I'm no lawyer, but maybe all those years in Mass. have warped my psyche...

 

[Twigg]

maybe all those years in Mass. have warped my psyche...

It takes a while to learn to relax after moving here.

 

[GSG]

It takes a while to learn to relax after moving here.

Notice I said "those," not "these," past tense. My escape was worth every penny saved to enable it.

Does NH law only prohibit concealing a pistol when it's being carried on the person or in a vehicle without a permit? Or maybe a better question would be, does NH law allow one to conceal a pistol near the body but not on it (outside of a vehicle) without a permit?

When the NH non-res. permit was $20 I'd call the OP crazy for not getting one to avoid any possible "gray area," but sadly that's not the case anymore.

 

[sigp6]

Notice I said "those," not "these," past tense. My escape was worth every penny saved to enable it.

Does NH law only prohibit concealing a pistol when it's being carried on the person or in a vehicle without a permit? Or maybe a better question would be, does NH law allow one to conceal a pistol near the body but not on it (outside of a vehicle) without a permit?

Good way to re-phrase the question.

When the NH non-res. permit was $20 I'd call the OP crazy for not getting one to avoid any possible "gray area," but sadly that's not the case anymore.

Yep, that's my issue.

 

[soloman02]

It is completely legal in NH to conceal a pistol on your person in your home. I don't think a tent qualifies as a home though.

If someone were to attack you while your in your tent at night and you happen to have your gun hidden under your pillow or under a sweater, you would probably be fine even if they survived the encounter. However, dead men don't get to tell their side of the story.



Disclaimer: In no way do I advocate shooting to kill. The above statement is to be taken with a grain of salt.

 

[GSG]

It is completely legal in NH to conceal a pistol on your person in your home. I don't think a tent qualifies as a home though.

This is what I'm thinking. Another thing, I know in Mass. carrying in the woods can run you afoul of hunting laws, is there similar issues in NH? I'm not a hunter myself, but if it's hunting season or something that could become an issue, I'd imagine.

 

[soloman02]

If you are outside your dwelling in NH and if you want to conceal a gun, you must have a permit.

It is interesting to note that the definition of dwelling does not state that you must own the dwelling, nor that the "dwelling" has to be on your property. Now I know that the definition is for chapter 627, but chapter 159 does not define what they mean by the term dwelling.

So technically, your tent qualifies as a "dwelling" because you adapted it for overnight accommodations.

627:9 Definitions. – As used in this chapter:
III. ""Dwelling'' means any building, structure, vehicle, boat or other place adapted for overnight accommodation of persons, or sections of any place similarly adapted. It is immaterial whether a person is actually present.

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.

 

[GSG]

If you are outside your dwelling in NH and if you want to conceal a gun, you must have a permit.

But it says:

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.

As I read it, this means that if your outside a vehicle & it's concealed somewhere other than on your person (i.e. next to your sleeping bag) then it's legal. I'd like to see an AG opinion or case law on it though before I'd try it myself.

Even at $100 a whack, the permit seems like a better option IMO.

 

[DavidC77]

As I read it, & it's concealed somewhere other than on your person (i.e. next to your sleeping bag) .

Best Defense TV show just did a section on this, it showed a guy in a tent with a shot gun next to him and someone cutting into the tent, the person in the bag died because they couldn't get to the gun.

What they suggested was to keep the gun on you. They showed the person in the bag and they had a fanny pack on so that way you can get right to your gun and use it. Also that way it is under your control.

I like the shows Michael Bane doe's, he doe's some good shows. Best Defense, Cowboys, Shooting Gallery, SWAT Magazine TV.

 

[GSG]

Best Defense TV show just did a section on this, it showed a guy in a tent with a shot gun next to him and someone cutting into the tent, the person in the bag died because they couldn't get to the gun.

What they suggested was to keep the gun on you. They showed the person in the bag and they had a fanny pack on so that way you can get right to your gun and use it. Also that way it is under your control.

I like the shows Michael Bane doe's, he doe's some good shows. Best Defense, Cowboys, Shooting Gallery, SWAT Magazine TV.

The only issue is that we're discussing what the law says, not what will keep you the safest in case of attack. And if the gun is concealed on your person without a NH pistol permit, you're probably breaking the law.

 

[DavidC77]

The only issue is that we're discussing what the law says, not what will keep you the safest in case of attack. And if the gun is concealed on your person without a NH pistol permit, you're probably breaking the law.

As you can see by my post I was only addressing a small part of his comment, I agree with you though, I don't no NH law (heck Mass is hard enough ) but ya if you need a permit get one.

 

[GSG]

As you can see by my post I was only addressing a small part of his comment, I agree with you though, I don't no NH law (heck Mass is hard enough ) but ya if you need a permit get one.

It's all good.

I can't imagine the typical hunting shotgun being very easy to use for defense inside of a tent, but it's better than nothing I suppose.

To the OP, do you have time and money before taking this trip to apply for a NH pistol permit?

 

[sigp6]

Thanks to all for the discussion. At the end of the day, I guess that I will apply for the NH license. I was just mulling the idea to OC while hiking and keep the revolver in the tent at night. Oh well.

 

[Jose]

Jesus Christ, a tent IS your dwelling when you are out camping. A loaded pistol lying inside a tent is NOT a concealed handgun according to what has been posted here of NH law.

Ohio, incidentally, is the same way. A tent or camping trailer IS your home when you are using it for overnight shelter. No need for a CHL to keep a loaded pistol in your tent or trailer while sleeping.

As I said in another thread, living in Mass just completely warps the mind into all sorts of paranoia when it comes to firearms. Some of you all cannot accept how we live in free states as true, even when we tell you.

 

[Jose]

I was just mulling the idea to OC while hiking and keep the revolver in the tent at night. Oh well.

You would have been just fine doing that.

 

[GSG]

a tent IS your dwelling when you are out camping. A loaded pistol lying inside a tent is NOT a concealed handgun according to what has been posted here of NH law.

But we haven't seen any case law, and we're trying to give the OP all the right tools to fully understand the law, and to play it safe.

 

[Racenet]

There isn't any case law, because there haven't been any cases, because it isn't an issue to have a case to begin with. This is New Hampshire, not Massachusetts. We do not do things like you do south of the border.

 

[GSG]

There isn't any case law, because there haven't been any cases, because it isn't an issue to have a case to begin with. This is New Hampshire, not Massachusetts. We do not do things like you do south of the border.

I don't live in Massachusetts. But how do you know that there isn't any case law on the subject? Have you checked? Do you have anecdotal evidence perhaps, an encounter with a game warden while you were sleeping in your tent with a concealed pistol?

I agree with you, I think the law should include a tent as a dwelling. I'm all in favor of liberally interpreting the laws so as to favor the law abiding gun owner. But if the OP does this and runs into any LEO's, the cop's nameplate won't read GSG, because I'm not a NH LEO. There's a good number of them, and I'm willing to bet that many have differing opinions on the law.

I don't want to see the OP get in any hot water over this, so I'm suggesting that s/he play it safe, and if anyone would like to help me explore this matter further, I'm all ears.

 

[Jose]

But how do you know that there isn't any case law on the subject? Have you checked?

If he says there are no cases, then I assume it is because he looked at case law.

At some point you need to stop inventing things to worry about and just do what you gotta do.

There is NFW I am spending a night outdoors in a tent without firepower. Case law or not.

 

[GSG]

At some point you need to stop inventing things to worry about and just do what you gotta do.

We're discussing what the law says and how it's applied, not what people choose to do.

 

[Racenet]

I don't live in Massachusetts.

Could have fooled me, the way you ramble on and on about something, like a dog with a bone and your signature. You may not live there now, but you sure are "From" there. Am I correct?

 

[GSG]

Could have fooled me, the way you ramble on and on about something, like a dog with a bone and your signature. You may not live there now, but you sure are "From" there. Am I correct?

I once lived there, yes.

Now would someone like to actually discuss the wording of the law, or are we just going to throw insults at the state of Mass. and it's residents all day?

 

[Jose]

Now would someone like to actually discuss the wording of the law?

OK, I'll play.

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.

Do you not agree that it is crystal clear that you can carry a loaded concealed handgun in your dwelling in NH? I see no ambiguity in that statute.

Having established that it is legal to carry a loaded and concealed handgun in your dwelling in New Hampshire, let's look at what a dwelling legally is.

627:9 Definitions. – As used in this chapter:
III. ""Dwelling'' means any building, structure, vehicle, boat or other place adapted for overnight accommodation of persons, or sections of any place similarly adapted. It is immaterial whether a person is actually present.

I am pretty sure a tent is "other place adapted for overnight accommodation of persons" They are designed for the expressed purpose of accommodating people overnight or during inclement weather.

So if you can carry a loaded, concealed weapon on your person in your dwelling in NH, and a tent fits the statutory definition of a dwelling, what is the problem here?

Add to that the fact that a pistol lying in a backpack on the floor of a tent is no more a concealed handgun (since it is not "on your person", a necessary element for carrying a concealed handgun according to NH law) than a pistol in a nightstand in your home, what is the problem here?

 

[Racenet]

Not throwing insults. Just asking a simple question based on my observations. Nothing more, nothing less.

 

[Twigg]

we just going to throw insults at the state of Mass. and it's residents all day?

Ohhhh, Can we ?

Seriously though, I lived there for almost twenty years so I can certantly sympathize with the folks from Ma.

What I've learned in this thread is;
New Hampshire has laws to define what criminal activites are.
Massachusetts has laws to define what its' subjects are permitted to do.

And...

Some folks who move into New Hampshire from Massachusetts may have issues adjusting their freedom.

 

[GSG]

Jose, thanks for the definitions part, that really clears things up.

 

[sigp6]

Jose -

Not to be nit-picking, but it seems to me that the definition in 627 only applies to that section?? Is there judicial precedence to allow definitions from one section to carry over to another? Or is this my Mass-ness kicking in, again?

Thanks!