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OC Laws?

hermannr

Regular Member
Joined
Mar 24, 2011
Messages
2,327
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Okanogan Highland
In general, laws make things illegal, the lack of a law against, implies it is lawful. The police must sight a law before they can charge you with a crime.

Look in the state constitution for an acticle similar to the 2A (in WA it is Article 1 section 24). That is where the authority to bear arms resides. In most states with a strong 2A type article like the WA state one, OC has always been legal, it is Concealed Carry that requires a permit, pistol license or whatever that particular state prefers to call it.

It sounds like NH is very similar to WA. OC loaded anywhere, except in a vehicle, posted 21 and over bar, k-12 school, jail, Mental hospital or courtroom without a permit. The Pistol license (CPL) allows CC and and loaded CC or OC within a vehicle, onto school ground to pickup or let off students and no wait to secure a new firearm from an FFL. Remember, long guns are usually regulated by F&W law...like no loaded long guns in a vehicle. The CPL only applies to a pistol, not a long gun. I think NH is the same.

As you are new to carry, be sure you read your state law carefully. You may want to look at things that may (or may not) be there like Montana law has this quirk...it is legal to OC into a bar or restaurant that serves alcohol, but it is not legal to CC into the same places.

Then WA has a law that says only LE can carry to a outdoor music festival that lasts over 4 hours and is expected to have more than 2000 in attendence (think Woodstock), (and this is not even in the firearms section of the law), but specifically exempts state/county fairs from the prohibition.
 

doobie

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It sounds like NH is very similar to WA. OC loaded anywhere, except in a vehicle, posted 21 and over bar, k-12 school, jail, Mental hospital or courtroom without a permit. The Pistol license (CPL) allows CC and and loaded CC or OC within a vehicle, onto school ground to pickup or let off students and no wait to secure a new firearm from an FFL. Remember, long guns are usually regulated by F&W law...like no loaded long guns in a vehicle. The CPL only applies to a pistol, not a long gun. I think NH is the same.

As you are new to carry, be sure you read your state law carefully. You may want to look at things that may (or may not) be there like Montana law has this quirk...it is legal to OC into a bar or restaurant that serves alcohol, but it is not legal to CC into the same places.

Then WA has a law that says only LE can carry to a outdoor music festival that lasts over 4 hours and is expected to have more than 2000 in attendence (think Woodstock), (and this is not even in the firearms section of the law), but specifically exempts state/county fairs from the prohibition.

Luckily we're in NH, we don't have caveats like where you cannot carry. You can legally carry (oc/cc) in any indoor/outdoor festival regardless of how many people are there. As well as legally you can carry (oc/cc) in a bar; though you won't likely get served OCing. Pretty sure there isn't anything against mental hospitals, but I've never had to worry about that.

I prefer F2F purchases/sales over FFLs, much cheaper. FFL's have too much of a markup on firearms.
 

Jay

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Joined
Jul 3, 2009
Messages
307
Location
Charlottesville, VA
Not exactly true.... The federal GFSZA requires the police to issue the licenses in the states. In New Hampshire licenses are issued either by the selectman or whom the CLEO assigns. Technically it makes New Hampshire Licenses useless in the GFSZA.

However depending where you are you probably won't have an issue with it.


Huh???.... My license was signed by the Chief of Police in Lebanon
 

doobie

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Huh???.... My license was signed by the Chief of Police in Lebanon

Not all licenses are issued by the CLEO.

"RSA 159:6 License to Carry. –
I. The selectmen of a town or the mayor or chief of police of a city or some full-time police officer designated by them respectively, upon application of any resident of such town or "


GFSZ act:
"(ii) 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;"

State law does not REQUIRE law enforcement to verify an individual is qualified under law as a selectman or mayor to issue. The key is does an individual license if issued by law enforcement count or not. There has yet to be case law regarding this.
 

jonjon_jon

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Feb 2, 2010
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Location
Manchester Maine
Mainer asks question

Okay, so I'm just a little slow to catch on. I've been reading through your forum just for Sh*ts and giggles and now I'm confused. I have alway assumed that if in my travels I happen to sometime want to cross into NH which is very unlikely but possible NH laws were the same as ME. Of course I know better then to think my maine carry permit will apply but I'm I to understand that I can carry a gun concealed on my body if it's not loaded? (that would be very convenient for me). I can OC my gun with shells in it as in Maine law correct?

We need icon below with someone scratching their head confused, which is me most of the time when it comes to state by state gun laws. lol
 

KBCraig

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Aug 7, 2007
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Granite State of Mind
Yes, like I said in my first reply to the OP:
You can read everything here: http://www.gencourt.state.nh.us/rsa/...OC-XII-159.htm

RSA 159:4 addresses carrying concealed without a license. There is no law stating that open carry is legal; there is simply no law making it illegal. The only law requiring a license (RSA 159:4) specifies loaded, concealed handguns. Everything else is legal.

You can carry an unloaded and concealed handgun, or a loaded unconcealed handgun, without a license in NH. For obvious reasons, loaded open carry is preferable to unloaded concealed carry.

You cannot carry a loaded handgun in a vehicle without a license (it doesn't matter if it's open or concealed).

The only question hinges on the definition of "loaded", which is included in RSA 159: "A loaded pistol or revolver shall include any pistol or revolver with a magazine, cylinder, chamber or clip in which there are loaded cartridges." An aggressive prosecutor could claim that a handgun is "loaded" if the carrier has a loaded magazine at the same time. It's been tried before. I don't know if there is controlling case law, or not.

But, "loaded" only matters for carrying concealed, or for carrying in a vehicle. For open carry while on foot, carry loaded and ready.
 

jonjon_jon

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Joined
Feb 2, 2010
Messages
216
Location
Manchester Maine
Yes, like I said in my first reply to the OP:


You can carry an unloaded and concealed handgun, or a loaded unconcealed handgun, without a license in NH. For obvious reasons, loaded open carry is preferable to unloaded concealed carry.

You cannot carry a loaded handgun in a vehicle without a license (it doesn't matter if it's open or concealed).

The only question hinges on the definition of "loaded", which is included in RSA 159: "A loaded pistol or revolver shall include any pistol or revolver with a magazine, cylinder, chamber or clip in which there are loaded cartridges." An aggressive prosecutor could claim that a handgun is "loaded" if the carrier has a loaded magazine at the same time. It's been tried before. I don't know if there is controlling case law, or not.

But, "loaded" only matters for carrying concealed, or for carrying in a vehicle. For open carry while on foot, carry loaded and ready.


Thanks for the reply. If and when I'm in NH I'll be just goofing off and being neighbors I never know where I could end up in a day trip. That means more then likely I would have some dogs with me which also means my car windows will be down for air. Which of course means gun on my person would protect it from thieves and protect the public from the gun getting into some nuts hands. I'll be honest, I really don't know what the law would be in Maine for unload gun concealed but my gut feeling is no, not without a permit. I'm only posting that to caution any NH folks to be sure of the law before they try it.

Thanks again, John
 
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FIVETWOSEVEN

Regular Member
Joined
Dec 15, 2011
Messages
17
Location
New Hampshire
Sheriff's Department don't issue licenses do they? Anyone know how Somersworth is regard OC? I've only seen one person actually open carry excluding my father so I don't have a clue.
 

Grapeshot

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May 21, 2006
Messages
35,317
Location
Valhalla
Sheriff's Department don't issue licenses do they? Anyone know how Somersworth is regard OC? I've only seen one person actually open carry excluding my father so I don't have a clue.

New Hampshire Laws Relative to License to Carry
These statutes can be found at RSA 159:6 et seq. and may be accessed at any legal library or at http://www.nh.gov

NH residents obtain their license from the Selectmen of their town or the Mayor or Chief of Police of a city
or some full-time police officer designated by them respectively, upon application.
http://www.nh.gov/safety/divisions/nhsp/documents/dssp85.pdf
 

FIVETWOSEVEN

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Dec 15, 2011
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17
Location
New Hampshire
I do know the laws, I was just wondering how the Police treat you if they show up. The Somersworth Police Chief doesn't grant permits to those under 21. I did talk to Penny Dean about it but I don't really have the desire to fight it in the courts so I'm not going to apply for one in Somersworth for the time being unless something changes.
 
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doobie

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I do know the laws, I was just wondering how the Police treat you if they show up. The Somersworth Police Chief doesn't grant permits to those under 21. I did talk to Penny Dean about it but I don't really have the desire to fight it in the courts so I'm not going to apply for one in Somersworth for the time being unless something changes.

Usually they are courteous, usually. Of course once the guy went crazy, I kept my cool and then he stalked me. I will not ID myself or provide ID unless the officer provides sufficient (in my mind) justification as to why I am being stopped.

"Why am I being stopped, am I free to go?"
"Someone called in about a person with a gun."
"Ok? What crime has been committed? Am I free to go?"
"I'm trying to determine if a crime has been committed, what is your name?"
"Am I free to go?"
"What is your name?"
(Once they become insistent I switch to): "Am I being detained?"
At this point they need to decide if they have enough cause to detain me or not. So far they've always said I'm not being detained and when I ask if I am free to go next, they have always said yes.
 

KBCraig

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Aug 7, 2007
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Granite State of Mind
The Somersworth Police Chief doesn't grant permits to those under 21. I did talk to Penny Dean about it but I don't really have the desire to fight it in the courts so I'm not going to apply for one in Somersworth for the time being unless something changes.
Only you can decide whether you want to fight it or not, but the Somersworth chief is wrong. He has no basis in law for denying a license based on age.
 

MagsH2

Regular Member
Joined
Aug 13, 2010
Messages
16
Location
Seacoast NH
Only you can decide whether you want to fight it or not, but the Somersworth chief is wrong. He has no basis in law for denying a license based on age.
Try calling Pro-Gun NH. They may be able to help, I know Evan Nappen is on thier board.
 
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