Vacation In NH - Some Questions.

[ryanjblajda]

So I was born and raised in NH (specifically the towns of Belmont and Canterbury in Belknap County), but was never introduced to firearms until I moved to FL for college. I am going to be visiting NH for Thanksgiving and wanted to just make sure my understanding of NH firearms law is current.

(I am now a resident of FL and I have my CWP/CWL, which is recognized/reciprocated by NH.)

These are things i currently believe to be true about NHs Firearm Laws. feel free to correct me.

Open Carry is legal without a permit

Concealed Carry (for me) is legal with my FL resident permit

You cannot concealed carry in a car without a CWP/CWL

You cannot open carry in/on school property

You can concealed carry on school property with a CWP/CWL

The only place restricted by the STATE from concealed carrying is a courthouse, but obviously all federally restricted places are still off limits, such as post offices, and any other federal buildings.

I believe this is the most updated statute on firearms law regarding pistols and such.

--UPDATE--

I re-read 159:4 Carrying Without License and now see it only specifies carrying a LOADED pistol in a vehicle, or concealed.

http://www.gencourt.state.nh.us/rsa/html/xii/159/159-mrg.htm

 

[Kevin_NH]

I wouldn't anticipate any problems based on your understanding of the law. Schools and Federal buildings are an issue due to Federal law, I just avoid them entirely.

 

[nhpoke]

You're basically correct.

Open carry allowed anywhere but federal buildings, courtrooms, and schools.

Anytime you are in a car you are "concealed", so loaded in a car requires a concealed permit.
Unloaded in a car is fine (no mag inserted).

You don't ask about them, but just because it's weird... No loaded long gun in a vehicle. Doesn't have to be locked up or anything, but not loaded.

 

[ryanjblajda]

I wouldn't anticipate any problems based on your understanding of the law. Schools and Federal buildings are an issue due to Federal law, I just avoid them entirely.

Yeah i wasn't planning on going to any schools, but just in case i get roped into picking my little sister up while im there, i am glad i dont have to worry about forgetting it concealed under my clothes.

You're basically correct.

Open carry allowed anywhere but federal buildings, courtrooms, and schools.

Anytime you are in a car you are "concealed", so loaded in a car requires a concealed permit.
Unloaded in a car is fine (no mag inserted).

You don't ask about them, but just because it's weird... No loaded long gun in a vehicle. Doesn't have to be locked up or anything, but not loaded.

Yeah the whole unloaded thing without a CWP is weird; luckily I have my FL CWP so I am all set there.

I also never understood the whole loaded long gun thing, IIRC you cant have a loaded long gun under any circumstances CWP or not, correct?

 

[ScottS]

Open carry allowed anywhere but federal buildings, courtrooms, and schools.

Citation, please?

I know there is one interpretation of the GFZA that holds that a NH P&RL doesn't "pass muster" for exemption, but please cite the law that would allow concealed carry but not open carry at a school.

Also, no carry of any kind in courtrooms or federal buildings.

The "no loaded long gun" rule is a poaching/road-hunting holdover, and not that unusual for rural states.

 

[ryanjblajda]

Citation, please?

I know there is one interpretation of the GFZA that holds that a NH P&RL doesn't "pass muster" for exemption, but please cite the law that would allow concealed carry but not open carry at a school.

Also, no carry of any kind in courtrooms or federal buildings.

The "no loaded long gun" rule is a poaching/road-hunting holdover, and not that unusual for rural states.

I knew the no carry of any kind in federal buildings (federal law) and no carry in courthouses (state law). I still think the no loaded long gun rule is a little silly. but thats just me.

 

[ScottS]

My point was (and is) there is no state-level prohibition on carry at schools, either open or concealed.

If you accept that the GFZA precludes carry at a school, then it precludes carry of any kind, open or concealed.

There is no version where concelaed carry is legal but open carry is not.

 

[Bonesinium]

You cannot open carry in/on school property

You can concealed carry on school property with a CWP/CWL

I believe the rest was accurate. This isn't quite though.

I guess first question is what are you meaning by 'school'? When it comes to colleges and universities, I don't know of any law that prevents you from carrying in either manner, which the concealed carry of course require a P&R license or similar.

If you mean primary schools (Elementary, Middle, High schools, Kindergarten, etc), you cannot carry there at all according to federal law. There are exemptions for people who hold a license, however that license must be from the same jurisdiction that school is in (so it must be that states license), and law enforcement must be required to verify you are 'qualified to receive' it before issuing the license (which arguably is not the case with a NH resident P&R).

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

 

[Kevin_NH]

RSA 159:4 -- No person shall carry a loaded pistol or revolver in any vehicle...

Anytime you are in a car you are "concealed", so loaded in a car requires a concealed permit. Unloaded in a car is fine (no mag inserted).

While "in a car is concealed" an easy way to make sense of the law, it doesn't appear to be how RSA 159:4 was authored, as the phrase "in any vehicle" is distinct from "or concealed upon his person". Otherwise it'd be legal to open carry on a motorcycle without a P&R license.

I also never understood the whole loaded long gun thing, IIRC you cant have a loaded long gun under any circumstances CWP or not, correct?

Loaded long gun law is part of the hunting regulations (RSA 207:7), prohibits "a loaded rifle or loaded shotgun, or a rifle or shotgun with a cartridge in a magazine or clip attached to the gun" in or on a vehicle. You can have a loaded long gun under all other circumstances.

 

[ryanjblajda]

While "in a car is concealed" an easy way to make sense of the law, it doesn't appear to be how RSA 159:4 was authored, as the phrase "in any vehicle" is distinct from "or concealed upon his person". Otherwise it'd be legal to open carry on a motorcycle without a P&R license.


Loaded long gun law is part of the hunting regulations (RSA 207:7), prohibits "a loaded rifle or loaded shotgun, or a rifle or shotgun with a cartridge in a magazine or clip attached to the gun" in or on a vehicle. You can have a loaded long gun under all other circumstances.

So as long as you are not hunting, you can have a loaded long gun in a vehicle?

I believe the rest was accurate. This isn't quite though.

I guess first question is what are you meaning by 'school'? When it comes to colleges and universities, I don't know of any law that prevents you from carrying in either manner, which the concealed carry of course require a P&R license or similar.

If you mean primary schools (Elementary, Middle, High schools, Kindergarten, etc), you cannot carry there at all according to federal law. There are exemptions for people who hold a license, however that license must be from the same jurisdiction that school is in (so it must be that states license), and law enforcement must be required to verify you are 'qualified to receive' it before issuing the license (which arguably is not the case with a NH resident P&R).

Ah, i see. Well now i know. Thanks.

 

[Kevin_NH]

So as long as you are not hunting, you can have a loaded long gun in a vehicle?

The way the law is currently written, prohibition is enforced even if you are not hunting. However, PGNH wants to fix that.

 

[ryanjblajda]

I see. currently doesn't affect me since I only own a handgun but I still think the law is silly

 

[nhpoke]

Citation, please?

I know there is one interpretation of the GFZA that holds that a NH P&RL doesn't "pass muster" for exemption, but please cite the law that would allow concealed carry but not open carry at a school.

Sorry. Didn't mean to imply that concealed carry was permitted but open wasn't permitted in school, and yes GFZA..

My wife is a teacher. I know a number of teachers and principles. All would completely flip out if they saw someone carrying at a school :-/

 

[Fizz226]

There are exemptions for people who hold a license, however that license must be from the same jurisdiction that school is in (so it must be that states license), and law enforcement must be required to verify you are 'qualified to receive' it before issuing the license (which arguably is not the case with a NH resident P&R).

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

I would argue if the town/city has an official policy that the P/R License is issued by the police, that qualifies for 18 U.S. Code § 922 since it specifically says the laws of political subdivision can be the ones that require law enforcement involvement. This doesn't conflict with NH state law either, as RSA 159:6 allows for the selectmen / mayor / chief of police to designate who does the P/RL issuing.

This would mean that not all P/RL are equal, depending on the issuing town/city policy, which sucks, but sucks less than none qualifying. The fact that the GFSZ doesn't recognize reciprocity is just stupid though.

 

[Bonesinium]

I would argue if the town/city has an official policy that the P/R License is issued by the police, that qualifies for 18 U.S. Code § 922 since it specifically says the laws of political subdivision can be the ones that require law enforcement involvement. This doesn't conflict with NH state law either, as RSA 159:6 allows for the selectmen / mayor / chief of police to designate who does the P/RL issuing.

This would mean that not all P/RL are equal, depending on the issuing town/city policy, which sucks, but sucks less than none qualifying. The fact that the GFSZ doesn't recognize reciprocity is just stupid though.

which arguably is not the case

However,

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

so...

if the town/city has an official policy

Policies are not law.

With that said, I don't disagree with you. In fact, this is why I originally said "arguably not the case", meaning, it arguably could be! To expand, NH law says

The selectmen of a town, the mayor or chief of police of a city or a full-time police officer designated by them respectively...shall issue a license to such applicant...and that the applicant is a suitable person to be licensed.

So the real question is, does that part in bold equate to "verify that the individual is qualified under law to receive the license"? You could argue that. But I'm guessing you, like me, aren't the people who's opinions or arguments matter. Now ignoring the fact that licenses to exercise a right are 'required' in the first place, it is a damn shame that legislators cannot write clear and tangible requirements and instead make things vague enough to be able to be interpreted however their cohorts want them to be.

 

[Fizz226]

Policies are not law.

True, might need to be a town/city ordinance to have the desired effect. Or could argue that since RSA 159:6 allows the designation, it gives the force of state law to the designation.

So the real question is, does that part in bold equate to "verify that the individual is qualified under law to receive the license"? You could argue that. But I'm guessing you, like me, aren't the people who's opinions or arguments matter. Now ignoring the fact that licenses to exercise a right are 'required' in the first place, it is a damn shame that legislators cannot write clear and tangible requirements and instead make things vague enough to be able to be interpreted however their cohorts want them to be.

Agreed on all points. The lack of definition of suitability comes into play again here I suppose. Since NH law has no fixed disqualifiers, seems like there's nothing to be verified. I don't see that there'd be a violation of state law if a P/R License was issued to a convicted felon & prohibited person, just he couldn't legally do much with it (federal PP laws and RSA 159:3 would still apply).

 

[ColdDayInHell]

You can carry your handgun on you in your vehicle unloaded, no mag, but the mag could be on your seat.

 

[ryanjblajda]

You can carry your handgun on you in your vehicle unloaded, no mag, but the mag could be on your seat.

yes I knew this already. i have a FL CWL which is reciprocated in NH so I can carry concealed with a loaded handgun regardless.