NewHampshireNative
Regular Member
I was search and reading the Claremont City code as I like to do from time to time to stay up to date. When I came across a city code
"Sec. 9-3. Weapons in public buildings--Prohibited acts.
(a) No person shall knowingly carry a loaded or unloaded pistol, revolver, or firearm or any other deadly weapon as defined in RSA 625:11, V, whether open or concealed or whether licensed or unlicensed, upon his or her person or within any possessions owned or within the control of such person in a building owned or controlled by the city. Whoever violates this section shall be guilty of a violation and subject to a penalty of one thousand dollars ($1,000.00).
(b) The chief of police of the city, or his designee, may issue a letter of permission to any individual or organized groups, for good cause shown, allowing the carrying of firearms in city buildings for a specific purpose identified in said letter. Such permission shall expire at a time certain to be included in said letter of permission.
(c) Law enforcement officers of the city and state shall be exempt from the provisions of this section. Gun clubs utilizing the firing range at the junior sports league facility shall be exempt from this provision.
(Ord. No. 394, 8-12-98)"
As most of you know any such code like this fell by the wayside when state law RSA 156:26 took affect in 2003 ( here is the RSA for people who have just moved to NH)
159:26 Firearms and Ammunition; 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, or firearms supplies 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 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, or firearms supplies shall be null and void.
Well I called up the city and talked with them about it they said the code does not always stay updated when new state law comes out. They said they will make a note and try to up date it when they can. All and all it went vary well this time around vary nice encounter. I had called before challenging a old outdated parks a rec law saying only police officers could carry firearms in city parks. That time they played the "need to talk to game" end result after talking to the police department,city managers office and so on. I ended up at the city parks and rec department and they told me I could not carry. I read them the law and told them state law trumps local law and how it would be legal for me to carry. They told me I would be arrested if I tried to carry into a park. End result the city code vanished from the books and I carried into the parks.
On a side note for those of you who do not know Claremont the court house is attached to city hall and the police department. I have been told by other people that you can still carry into city hall just not the police side of city hall. The reasoning I was giving is that the court house has it's own entrance way that is also the same as the police departments. Not sure how true this is so anyone who knows for a fact and can state LAWS please give me some feed back.
"Sec. 9-3. Weapons in public buildings--Prohibited acts.
(a) No person shall knowingly carry a loaded or unloaded pistol, revolver, or firearm or any other deadly weapon as defined in RSA 625:11, V, whether open or concealed or whether licensed or unlicensed, upon his or her person or within any possessions owned or within the control of such person in a building owned or controlled by the city. Whoever violates this section shall be guilty of a violation and subject to a penalty of one thousand dollars ($1,000.00).
(b) The chief of police of the city, or his designee, may issue a letter of permission to any individual or organized groups, for good cause shown, allowing the carrying of firearms in city buildings for a specific purpose identified in said letter. Such permission shall expire at a time certain to be included in said letter of permission.
(c) Law enforcement officers of the city and state shall be exempt from the provisions of this section. Gun clubs utilizing the firing range at the junior sports league facility shall be exempt from this provision.
(Ord. No. 394, 8-12-98)"
As most of you know any such code like this fell by the wayside when state law RSA 156:26 took affect in 2003 ( here is the RSA for people who have just moved to NH)
159:26 Firearms and Ammunition; 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, or firearms supplies 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 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, or firearms supplies shall be null and void.
Well I called up the city and talked with them about it they said the code does not always stay updated when new state law comes out. They said they will make a note and try to up date it when they can. All and all it went vary well this time around vary nice encounter. I had called before challenging a old outdated parks a rec law saying only police officers could carry firearms in city parks. That time they played the "need to talk to game" end result after talking to the police department,city managers office and so on. I ended up at the city parks and rec department and they told me I could not carry. I read them the law and told them state law trumps local law and how it would be legal for me to carry. They told me I would be arrested if I tried to carry into a park. End result the city code vanished from the books and I carried into the parks.
On a side note for those of you who do not know Claremont the court house is attached to city hall and the police department. I have been told by other people that you can still carry into city hall just not the police side of city hall. The reasoning I was giving is that the court house has it's own entrance way that is also the same as the police departments. Not sure how true this is so anyone who knows for a fact and can state LAWS please give me some feed back.
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