[My Info]
[Date]
Board of Selectmen
Town of Chester
84 Chester Street
Chester, NH 03036
Dear Chester Board of Selectmen:
Greetings and salutations! While recently enjoying the amenities of the Wason Pond Conservation & Recreation Area on Raymond Road, I observed and read a sign titled “Rules for Wason Pond Conservation & Recreation Area” which was posted near the entrance to the main parking lot on the western portion of the property.
I wanted to inform you of an issue with an item on the list – a list that, according to language on the sign itself, was approved by the Board of Selectmen: The “No Firearms” rule is a direct violation of New Hampshire state law, specifically Title XII, Chapter 159:26, Paragraphs I and II. This statute voids all firearm-related rules and regulations originating from a political subdivision, such as the Town of Chester. RSA 159:26 codifies into law the authority of the state of New Hampshire pertaining to the usage of firearms and knives. Based on my research this is also sometimes referred to as “state preemption”.
159:26 Firearms, Ammunition, and Knives; Authority of the State. –
I. To the extent consistent with federal law, the state of New Hampshire shall have authority and jurisdiction over the sale, purchase, ownership, use, possession, transportation, licensing, permitting, taxation, or other matter pertaining to firearms, firearms components, ammunition, firearms supplies, or knives in the state. Except as otherwise specifically provided by statute, no ordinance or regulation of a political subdivision may regulate the sale, purchase, ownership, use, possession, transportation, licensing, permitting, taxation, or other matter pertaining to firearms, firearms components, ammunition, or firearms supplies in the state. Nothing in this section shall be construed as affecting a political subdivision's right to adopt zoning ordinances for the purpose of regulating firearms or knives businesses in the same manner as other businesses or to take any action allowed under RSA 207:59.
II. Upon the effective date of this section, all municipal ordinances and regulations not authorized under paragraph I relative to the sale, purchase, ownership, use, possession, transportation, licensing, permitting, taxation, or other matter pertaining to firearms, firearm components, ammunition, firearms supplies, or knives shall be null and void.
I. Section 1 shall take effect January 1, 2004
II. Remainder shall take effect July 18, 2003
(Above parts in bold are my emphasis.)
While the “No Firearms” lacks any actionable context, one could reasonably conclude that the implied rule means “No Firearms Allowed”. Moreover, the physical signage above slightly but materially differs with the rules and regulations found on the town website which simply states “No discharge of firearms”.
Despite the fact that there are likely visitors in lawful possession of concealed pistols and revolvers either on their persons or in their vehicles and the rule is null and void per state law, my suggested corrective action is to modify the existing signage by removing the “No Firearms” line item to fully conform to the state statute.
Feel free to write back or contact me at with any comments or thoughts on the matter. Thank you for your time.
Warmest Regards,
[Me]
CC: Patrick Connelly, Acting Chair (Wason Pond)
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