Vacation In NH - Some Questions.

Discussion in 'New Hampshire Gun Forum' started by ryanjblajda, Nov 13, 2014.

  1. ryanjblajda

    ryanjblajda New Member

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    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
     
    Last edited: Nov 14, 2014
  2. Bogart999

    Bogart999 New Member

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    I believe you are correct on all. But I am not 100% sure on being able to carry on school properties. I hope this helps. Regards
     

  3. RayB

    RayB New Member

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    You can NOT carry on school property in NH
    http://nebula.wsimg.com/abd34715203...F2874A2D4F25F072A&disposition=0&alloworigin=1

    of Federal Regulations says no guns are allowed, and you’ll find notices posted on the door
    threatening you with arrest.
    Note: a recent (2012)
    federal court case confirms that "federal
    facilities" can mean
    not just buildings, but in many cases
    any
    federal property, such as post
    office parking lots.
    Federal law defines federal facilities as places where
    federal activities occur,
    and in the recent court case, it was noted that
    mail trucks used a parking lot o
    wned by the postal
    service.
    (2) Title 18, United State Code, Section 922, subsection (q) is the Gun Free School Zones Act.
    You can’t have a gun in, on the grounds of
    (actually, on the
    property
    of, and that includes school
    buses
    )
    , or within 1,000 feet of the property line of, an elementary or secondary school, whether
    public or private. (Note that this doesn’t include colleges or universities.)
    18 USC 922 (q) includes exemptions for private property (i.e., you’re OK if your house is next to
    a school), for police officers on duty, for school
    -
    approved programs, and for
    unloaded guns in
    locked containers or locked gun racks. There’s also an exemption for people holding carry
    licenses
    from the state in which the school zone is located, but only if state law
    requires
    that
    “before an individual obtains such a license, the la
    w enforcement authorities of the State or
    political subdivision verify that the individual is qualified under law to receive the license.”
    Unfortunately, New Hampshire state law (RSA 159:6) arguably does NOT make the cut, in part
    because town selectmen and
    city mayors can issue carry licenses, and they’re not “law
    enforcement authorities,” and also because that RSA doesn't
    require
    law enforcement authorities
    to do
    anything
    .
    But even if your carry license was issued by a police chief, it may not protect
    you
    , because our state law doesn’t meet the requirements of the federal law.
    This federal “Gun Free School Zones Act” is unpopular, and some people prefer to believe that
    New Hampshire’s carry licenses provide an exemption, despite the above analysis.** Furt
    her,
    nobody in New Hampshire has been arrested or prosecuted on the basis of this federal law. Still,
    you have to ask yourself if you want to be the test case.
    Note also that a carry license from state
    "A" doesn't provide the school zone exemption in stat
    e "B."
    **
    In 2006, I asked then
    -
    NH
    -
    Congressman Jeb Bradley to ask the ATF (Bureau of Alcohol,
    Tobacco, Firearms and Explosives) for
    their reading on whether our NH License to Carry law,
    RSA 159:6, qualified to exempt
    license holders from the
    federal Gun F
    ree School Zones Act.
    The
    then
    -
    Director of the ATF, Carl Truscott,
    wrote back on April 17 of that year

    I have a PDF
    copy of his letter

    and said that RSA 159:6 "would generally qualify as an exception."
    (He
    didn't explain what he meant by "generally.
    ")
    Will the current ATF director be smarter than
    that?
    Who knows?
    (Note that it’s been pointed out that it’s impossible to drive through many cities in the United
    States without violating this law, because you’re always close to some school.
    Fortunatel
    y, the
    law is rarely, if ever, enforced against people just driving through.)
    So, to summarize: state law prohibits you from carrying in courtrooms and courthouses; federal
    law, though controversial, will have you arrested and prosecuted for carrying in f
    ederal buildings
    (including post offices) and
    in or (technically, at least) near elementary or secondary schools.