Traffic Stop Disclosure

[mikem317]

I tried to locate this through the forum search. Being a Massachusetts resident, I'm not very familiar with New Hampshire laws. Are you obligated to disclose that you are carrying if you are stopped by a New Hampshire LEO? What are the storage requirements in a car compared to Massachusetts? Can the firearm be loaded?

 

[jdubois]

Are you obligated to disclose that you are carrying if you are stopped by a New Hampshire LEO?

I don't believe there is anything in NH law that requires you to disclose you are carrying.

What are the storage requirements in a car compared to Massachusetts? Can the firearm be loaded?

Pistols and revolvers can be loaded if you have a NH license to carry (or one from a reciprocal state). Rifles and shotguns can never be loaded while in a vehicle. Other than that, the laws are silent about how to store firearms while in a vehicle. However, you are generally criminally liable if the firearm is not in a locked container and a child gets hold of your firearm and uses it in a "reckless or threatening manner".

 

[doobie]

I don't believe there is anything in NH law that requires you to disclose you are carrying.

Correct, you only have to disclose if asked.

Pistols and revolvers can be loaded if you have a NH license to carry (or one from a reciprocal state).

Correct again, but I think they need to be in your possession. This is more an issue if you have someone else in the car and they don't have a permit. (I could be wrong on this)

Rifles and shotguns can never be loaded while in a vehicle.

Sort of incorrect. If you are legally handicapped and hunting, you can have a loaded rifle/shot gun in a vehicle.

 

[strangenh]

"reckless or threatening manor".

You know, I just don't think that is the exact wording the law uses.

I mean, we saw a few of those when we were house-shopping, but I suspect such houses of negative demeanor are not the subject of said law.

 

[jdubois]

If you are legally handicapped and hunting, you can have a loaded rifle/shot gun in a vehicle.

Yes, there is a special case for paraplegics and amputees. However, you must have a valid hunting license and have received a special permit, and you still cannot have it loaded while the vehicle is in motion.

The law also doesn't apply to LEOs who are on duty.

You know, I just don't think that is the exact wording the law uses.

Wise-ass

 

[doobie]

The law also doesn't apply to LEOs who are on duty.

Unlike MA, most NH LEOs don't have M16s in the cockpit of their cars.

 

[strangenh]

Wise-ass

Guilty as charged.

 

[terraformer]

Are you obligated to disclose that you are carrying if you are stopped by a New Hampshire LEO?

Is this a requirement in MA? (serious question, I don't know the answer)

 

[Len-2A Training]

Is this a requirement in MA? (serious question, I don't know the answer)

NO! And I don't recommend it unless it is visible or you are asked to exit the car (usually only happens when you are placed under arrest in MA).

 

[jdubois]

Is this a requirement in MA?

As LenS said, no. But some other states, such as NC for instance, do require it.

 

[mikem317]

Is this a requirement in MA? (serious question, I don't know the answer)

No. It's not required. I would only disclose if asked (as already mentioned). I'm not as familiar with NH laws for non-residents. Considering that I just applied for my non-res permit, I think I should get acclimated.

 

[Len-2A Training]

NH does not require disclosure either.

 

[bostonasphalt2]

I don't believe there is anything in NH law that requires you to disclose you are carrying.



Pistols and revolvers can be loaded if you have a NH license to carry (or one from a reciprocal state). Rifles and shotguns can never be loaded while in a vehicle. Other than that, the laws are silent about how to store firearms while in a vehicle. However, you are generally criminally liable if the firearm is not in a locked container and a child gets hold of your firearm and uses it in a "reckless or threatening manner".

also, if you are open carrying, then get into your car, you are then considered to be concealed carrying, right?

 

[Len-2A Training]

also, if you are open carrying, then get into your car, you are then considered to be concealed carrying, right?

That is correct. You need a NH License to "open carry" in a car.

 

[drgrant]

While that's mostly correct, the way the law is written NH doesn't care about whether it's "open or concealed" in a motor vehicle.

In NH the factor is whether or not that handgun is LOADED. It has nothing to do with concealment. NH law basically bans loaded handguns in motor vehicles by default, with the exception of those possessed by people who have a NH Pistol/Revolver license.

If the law was based around "concealment" then there would be a way of satisfying it without having a permit, and that isn't the case here at all. (It may be, in places like FL and TX, where there are specific rules laid out for loaded handguns in motor vehicles being carried by folks without permits. )

-Mike

 

[jdubois]

In NH the factor is whether or not that handgun is LOADED.

Bingo.

 

[offcamber]

I'll also add that if the magazine is loaded but not in the weapon it is still considered a loaded weapon. I found this out while a carrying my 10-22 on my ATV. I had the magazine loaded but in a different compartment on the ATV than the rifle. Lucky the LEO that I ran into was nice about it and explained the law in which case I took the rounds out of the mag and he was fine with that. Same rules apply to ATVs as it does for any motor vehicle.

 

[M1911]

Unlike MA, most NH LEOs don't have M16s in the cockpit of their cars.

Are you implying that most MA LEOs have patrol rifles in their cars? I don't think that is the case.

 

[doobie]

I'll also add that if the magazine is loaded but not in the weapon it is still considered a loaded weapon. I found this out while a carrying my 10-22 on my ATV. I had the magazine loaded but in a different compartment on the ATV than the rifle. Lucky the LEO that I ran into was nice about it and explained the law in which case I took the rounds out of the mag and he was fine with that. Same rules apply to ATVs as it does for any motor vehicle.

Love cops blowing chunks:

From RSA 207:7

II. No person shall have or carry, in or on a motor vehicle, OHRV, snowmobile, or aircraft, whether moving or stationary, a cocked crossbow, a loaded rifle or loaded shotgun, or a rifle or shotgun with a cartridge in a magazine or clip attached to the gun.

Yes you can have a loaded magazine for a firearm/rifle/shotgun in your possession with a as long as they are not attached to the firearm.

 

[jhblaze1]

NO! And I don't recommend it unless it is visible or you are asked to exit the car (usually only happens when you are placed under arrest in MA).

BS, I've been dragged out of my car more times than I can count in MA in my teenage years without being arrested.

 

[offcamber]

Well that's what I thought originally but was told otherwise....and even a shop owner told me you can't have a loaded mag as well so I had no reason to question it.

If I am wrong I stand corrected.

Love cops blowing chunks:

From RSA 207:7



Yes you can have a loaded magazine for a firearm/rifle/shotgun in your possession with a as long as they are not attached to the firearm.

 

[jdubois]

Are you implying that most MA LEOs have patrol rifles in their cars? I don't think that is the case.

I believe he was snarkly referring to the Hudson, MA cops who all have M4s proudly displayed on their rear windows.

 

[M1911]

I believe he was snarkly referring to the Hudson, MA cops who all have M4s proudly displayed on their rear windows.

And that's a problem why?

Personally, I think a patrol rifle is a good thing.

 

[M1911]

Well that's what I thought originally but was told otherwise....and even a shop owner told me you can't have a loaded mag as well so I had no reason to question it.

And now you know why you shouldn't trust police officers and gun shop owners for advice about gun laws. They are generally well meaning and typically very confident, but often wrong.

 

[Len-2A Training]

BS, I've been dragged out of my car more times than I can count in MA in my teenage years without being arrested.

Goodness, you must have been "special"!

No officers that I have known in MA did this as a normal thing, partially for their own safety . . . they are safer when you are in the car.

 

[pdm]

And that's a problem why?

Personally, I think a patrol rifle is a good thing.

It's not a discussion germane to the current topic. And likely to cause irritability in some posters.

 

[Dench]

And that's a problem why?

Personally, I think a patrol rifle is a good thing.

a patrol rifle is a great thing. however, to have it on display is basically a attempt to intimidate the public.

its just like the MSP at logan when they used to have MP5s, or better yet the police at miami airport with G36k's with FMJ ammo visible through the clear magazines (nothing says "stop Mr. Terrorist!" more then shooting him and hitting 3 other people standing behind the target!). im a cop, IM IN CHARGE, IM HERE TO SCARE YOU INTO BEHAVING RARRRR!

 

[M1911]

a patrol rifle is a great thing. however, to have it on display is basically a attempt to intimidate the public.

Well that's your opinion. I don't share it.

 

[JonJ]

We moved our patrol rifles out of the trunks where they had been for 6 years. Now they are in a more accessible position between the bucket seats where they can be safely and properly deployed.

 

[jdubois]

Well that's your opinion. I don't share it.

Fair enough. But I do share that opinion. Same reason I don't like the change to black paramilitary style uniforms and all black cars. It all gives an impression that it's us vs them.

Anyway, Pete is right, this topic is likely to just get people irritated and isn't really topical to the thread.