Gun Laws

[VeganForPeace]

Hello.  I live in Ohio and was wondering what exactly the gun laws in NH are.  I've heard that it's a shall issue concealed carry and open carry is ok.  I'm kind of in a debate with a gun owner who swears NH is socialist and has very restrictive gun laws.  I'd prefer to have the actual law pointed out, but any answers are appreciated.  Thanks in advance.

-Tim from OH

[Nat F]

NH Pistol laws
http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-XII-159.htm
License to Carry
http://www.gencourt.state.nh.us/rsa/html/XII/159/159-6.htm
Carry without a license
http://www.gencourt.state.nh.us/rsa/html/XII/159/159-4.htm
State laws preempts local
http://www.gencourt.state.nh.us/rsa/html/XII/159/159-26.htm

-Nat

[aries]

Hello.  I live in Ohio and was wondering what exactly the gun laws in NH are.  I've heard that it's a shall issue concealed carry and open carry is ok.  I'm kind of in a debate with a gun owner who swears NH is socialist and has very restrictive gun laws.  I'd prefer to have the actual law pointed out, but any answers are appreciated.  Thanks in advance.

-Tim from OH

CCW= $10 license, no training, shall-issue, 2 weeks, any age
Open= no requirement, any age
School zones= OK
No waiting periods
No restrictions on FFL sales other than the standard federal ones
All personal sales age 18 (handguns and rifles)
Gun owner held liable if gun is used to murder by someone under 16 (not sure if that includes 16, prob. not)
No state background checks
Unfortunately no state misdemeanor expungement like WY has
CCW issued by COP or Town Selectmen, if that changed to COP only, then they would work in place of NICS but as it stands, NH licenses do NOT work as a NICS check, you must do that seperately. I mailed mine to my town selectmen's office and it was forwarded to the COP, who issued it.
Only place you can not carry is a courthouse
No registation of any sort
No stupid one-gun per month BS
Despite what the brady bunch says, no ballistic fingerprinting prior to sale
No penalty for underage posession, but, as I said, there are few circumstances in which this would be seen (ie gun on loan, purchased in another state like VT where age is 16), and under 16 the owner is held accountable for any accidents

Hope this sums it up for you

[KBCraig]

Aries summed it up well. In short, your OH friend doesn't know diddly about NH gun laws.

Just have to add: Class III/NFA is okay, without restrictions (including auto, short barrels, AOW and suppressors).

And a slight correction: there is a restriction on private sales, but only if neither party is "licensed" (either dealer, or concealed carry license), or the parties don't know each other. That's an easy one to cure, for obvious reasons.

Kevin

[mvpel]

The http://www.packing.org/ site is a good resource as well.

Also, check out http://www.gonh.org/ - the NH state affiliate of the NRA.

[aries]

Aries summed it up well. In short, your OH friend doesn't know diddly about NH gun laws.

Just have to add: Class III/NFA is okay, without restrictions (including auto, short barrels, AOW and suppressors).

And a slight correction: there is a restriction on private sales, but only if neither party is "licensed" (either dealer, or concealed carry license), or the parties don't know each other. That's an easy one to cure, for obvious reasons.

Kevin

even in states without restrictions, many private sellers will require a ccl to prove they arent committing a crime by selling to an unqualified buyer

[citizen_142002]

Hopefully these laws won't grow more restrictive with the Ds in charge.

[burnthebeautiful]

Hopefully these laws won't grow more restrictive with the Ds in charge.

Vermont has done well on the gun front with D's in charge, hopefully it will be the same for NH.

[aries]

Hopefully these laws won't grow more restrictive with the Ds in charge.

Vermont has done well on the gun front with D's in charge, hopefully it will be the same for NH.

Truth. And John Lynch is not particularly anti-gun... I hope.

[mvpel]

Vermont has done well on the gun front with D's in charge, hopefully it will be the same for NH.

There was nothing they could do in Vermont despite their party's demonstrated interest because of a constitutional ruling by the state supreme court back in the early 20th century, if I'm remembering correctly, and the Vermont Constitution has affirmed an individual right to bear arms since it was drafted in 1777.

Our courts and legislature, as we all know, have a demonstrated track record of ignoring the constitution.

[aries]

Vermont has done well on the gun front with D's in charge, hopefully it will be the same for NH.

There was nothing they could do in Vermont despite their party's demonstrated interest because of a constitutional ruling by the state supreme court back in the early 20th century, if I'm remembering correctly, and the Vermont Constitution has affirmed an individual right to bear arms since it was drafted in 1777.

Our courts and legislature, as we all know, have a demonstrated track record of ignoring the constitution.

The 2nd amendment to the US constitution is an individual right, according to the courts. This does not render state gun control laws null and void.

Vermont's state government has the power to restrict guns more heavily than CA or MA if they want, the point is they haven't.

The VT supreme court has ruled on preemption, saying TOWNS can not bar CCW and the like.

[mvpel]

Vermont's state government has the power to restrict guns more heavily than CA or MA if they want, the point is they haven't.

No, they don't have the power to restrict guns, unless I'm misunderstanding you, because of Article the 16th of the Vermont Constitution, "That the people have a right to bear arms for the defence of themselves and the State..."

No measure legal sophistry can interpret that provision as anything other than an individual right.

[aries]

Vermont's state government has the power to restrict guns more heavily than CA or MA if they want, the point is they haven't.

No, they don't have the power to restrict guns, unless I'm misunderstanding you, because of Article the 16th of the Vermont Constitution, "That the people have a right to bear arms for the defence of themselves and the State..."

No measure legal sophistry can interpret that provision as anything other than an individual right.

[Art.] 2-a. [The Bearing of Arms.] All persons have the right to keep and bear arms in defense of themselves, their families, their property and the state.

December 1, 1982

From the constitution of the state of New Hampshire.

Now tell me where the state government gets the power, out of that, to require licenses to bear arms?

[aries]

Constitutional provisions from states with heavily restrictive gun laws:

Mass: Article XVII. The people have a right to keep and to bear arms for the common defence. And as, in time of peace, armies are dangerous to liberty, they ought not to be maintained without the consent of the legislature; and the military power shall always be held in an exact subordination to the civil authority, and be governed by it.

CT (CT has a huge gun culture and a ton of CCLs issued): Every citizen has a right to bear arms in defense of himself and the state.

IL (where CCW is ILLEGAL): Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be infringed.

RI: The right of the people to keep and bear arms shall not be infringed.

[mvpel]

Now tell me where the state government gets the power, out of that, to require licenses to bear arms?

Strictly speaking a license is not required to bear arms, only to bear them concealed.  But the license requirement predated the amendment by nearly 60 years, and enough of the legislature last year ignored their oath to uphold the New Hampshire Constitution and voted against James Wheeler's bill to decriminalize unlicensed concealed carry.