Open Carry In New Hampshire

[LiveFreeOrDie]

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Every now and then, post dates, locations and small snippets of what happened. It's good to know what other OCers are doing.


Friday - open carried at Olive Garden in Concord with my girlfriend. Waited for about 10 minutes for a table by the bathrooms. Later, moved to stand by the door and heard a woman say to the manager "I'm not going in there, there's a man with a gun!" I just stood there. The manager walked past us, looked straight at me and said "did you see a cop here?" I said, "no, can't say that I have" and he walked on. We were sat soon after and had an excellent dinner. We thanked the manager on the way out for the great service.

 

[LiveFreeOrDie]

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Open carried at Angelina's in Concord. Very good food. At one point when the waiter was crouching down to our eye level, she glanced over and stopped talking. She then said "I'm sorry...I'm just not used to seeing guns." I apologized and reassured her that there was nothing to worry about and she haltingly continued. We had a wonderful dining experience and left her a large tip. Will return.

 

[LiveFreeOrDie]

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Went to the gas station to pick up a few things. A few glances, but nothing interesting until someone asked "is that a (type of gun I carry)"? I answered in the affirmative and he asked "40 or 45?" "Nine" I answered. We had a short pleasant exchange about getting an AR-15 before a possible ban and continued on our night.

 

[DanGarand]

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I open carry in Exeter/Portsmouth/N.Hampton and Hampton and have been for about a year since I was Illegally denied a CCW by my corrupted chief of police of Exeter.

I have only been asked to leave a few stores and after talking to the manager only actually had to leave one. I have been stopped by a platoon of Hampton PD rent-a-cops. I was just walking down the road when they all rolled up on motorcycles and atvs and cruisers. They harassed me for a few minutes telling me I needed an FID card and all types of other bullshit.

After I educated them on what I was and was not required to have, give, or tell them they told me to have a good night and let me go.

 

[LiveFreeOrDie]

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Dan, please post about your experiences with your chief of police in Exeter (in a separate thread). We need to get that situation rectified ASAP. NH Law provides civil remedies for denied concealed carry licenses, and if you win, the POLICE, not you, have to pay your lawyer. I know a good attorney. It's also simple enough to do on your own. NH law keeps a tight leash on police departments regarding CCW so we need to make sure they don't overstep.

I open carried yesterday in Manchester. Had a great Thanksgiving celebration with friends and family. No problems.

 

[LiveFreeOrDie]

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OCed to a Thanksgiving celebration in Portsmouth. No problems as I was among friends.

This week I also open carried to dinner at Panera with my girlfriend. While eating, I looked up to see a state trooper filling his cup up at the soda machine but he either didn't notice or didn't care.

I got my haircut while open carrying. Got one tilted look from my stylist, but nothing else. Had a pleasant conversation and a great haircut.

Went grocery shopping open carrying. Nothing to report.

 

[Bill Starks]

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Friday - open carried at Olive Garden in Concord with my girlfriend. Waited for about 10 minutes for a table by the bathrooms. Later, moved to stand by the door and heard a woman say to the manager "I'm not going in there, there's a man with a gun!" I just stood there. The manager walked past us, looked straight at me and said "did you see a cop here?" I said, "no, can't say that I have" and he walked on. We were sat soon after and had an excellent dinner. We thanked the manager on the way out for the great service.

Glad to hear you can OC in your Olive Garden. I've had nothing but issues (escorted out by police & refused service). Just an FYI for you folks...


Olive Garden Guest Relations <olivegarden@olivegarden.com>
to m1gunr@gmail.com
date Tue, Oct 28, 2008 at 12:26 PM
subject Olive Garden Reply #546892

Dear Mr. ...:

We deeply respect and appreciate your perspective and motivation to contact us again. (It took 3 emails to get them to respond)

Olive Garden's focus is to provide all of our guests with a genuine Italian dining experience. Our policy regarding firearms in our restaurants is that we do not allow firearms except those carried by law enforcement officers. Based on the feedback we have received from our guests and employees, our policy is the best way to achieve our goal of creating a pleasant dining and working experience.

We appreciate the opportunity to address your concerns, and we hope we may look forward to the continued privilege of serving you at Olive Garden.

Sherri Bruen
Manager
Olive Garden Guest Relations


Olive Garden is one of 6 restaurants in the Darden Restaurant Chain:
Red Lobster, Olive Garden, Longhorn Steakhouse, Bahama Breeze, The Capital Grille, Seasons 52 fresh grill.

 

[MarkNH]

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Dan Garand:

I see you have taken your case against Exeter to the NH Supreme Court.

2008-0606
Dan Garand v. Town of Exeter & a.
08/27/2008 Case Filing
09/16/2008 Acceptance Order

Is there anything you can share on the case and the Chief's "reason" for denial of your permit? You can start your own thread on the case by going to the NH forum http://opencarry.mywowbb.com/forum37/ and clicking "New Topic" at the top right.

Good luck!

 

[rmodel65]

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M1Gunr wrote:

Friday - open carried at Olive Garden in Concord with my girlfriend. Waited for about 10 minutes for a table by the bathrooms. Later, moved to stand by the door and heard a woman say to the manager "I'm not going in there, there's a man with a gun!" I just stood there. The manager walked past us, looked straight at me and said "did you see a cop here?" I said, "no, can't say that I have" and he walked on. We were sat soon after and had an excellent dinner. We thanked the manager on the way out for the great service.

Glad to hear you can OC in your Olive Garden. I've had nothing but issues (escorted out by police & refused service). Just an FYI for you folks...


Olive Garden Guest Relations <olivegarden@olivegarden.com>
to m1gunr@gmail.com
date Tue, Oct 28, 2008 at 12:26 PM
subject Olive Garden Reply #546892

Dear Mr. ...:

We deeply respect and appreciate your perspective and motivation to contact us again. (It took 3 emails to get them to respond)

Olive Garden's focus is to provide all of our guests with a genuine Italian dining experience. Our policy regarding firearms in our restaurants is that we do not allow firearms except those carried by law enforcement officers. Based on the feedback we have received from our guests and employees, our policy is the best way to achieve our goal of creating a pleasant dining and working experience.

We appreciate the opportunity to address your concerns, and we hope we may look forward to the continued privilege of serving you at Olive Garden.

Sherri Bruen
Manager
Olive Garden Guest Relations


Olive Garden is one of 6 restaurants in the Darden Restaurant Chain:
Red Lobster, Olive Garden, Longhorn Steakhouse, Bahama Breeze, The Capital Grille, Seasons 52 fresh grill.

I OCed at the olive garden in Savannah GA

 

[KBCraig]

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LFOD, thanks for the periodic reports.

 

[Bill Starks]

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I OCed at the olive garden in Savannah GA

I have OC'd as well at other locations but I just wanted everyone to be aware that I have fought this fight. In the Washington forum we have a Do Not Patronize list (http://opencarry.mywowbb.com/forum55/3630.html) so that others do not duplicate efforts and waste time on something that has already been addressed.

 

[WendelBrue]

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I had no idea OC was allowed in a "practiced" manner. I've known what the law technically states and have gotten away with OC in the past, going to nearby pizza places after the range or a comp shoot. But the owners and employees know us so it's never been a problem. I've never even considered OC just in general though. Granted I could encounter a few problems, even from fellow activists of OC... tattoos on the arms, chest, and neck don't exactly represent the generic good citizen. But I try to welcome uncertain stares or glares with a smile and a greeting, hoping that they understand that I don't mind the attention, as criminals do, therefore, I'm not a criminal.Hopefully good repore, manner and well articulated respect will get me by if dealing with LEO. I'm finishing off a 15 month (way too long) tour in IraqinMarchand can't wait to practice some good ole OC whileI visit home. I'm from Nashua, and haven't read any experiences from there. And would love to hear any experiences if anyone has dealt with OC in Nashua. I'll make sure to post my trials when I get home.

 

[WendelBrue]

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I also had a question. What are the laws for NH OC? Laymans terms. I'm not sure if they're stated else where in the forum but I have minimal time online for searching. Mainly the basics, is a clip holster a holster? brandishing rules? Can it be condition one? Or does it have to be condition 3 for OC? I was reading where some states, if you didn't have a CCW, you could OC but it had to be condition 3, but if you had a CCW, you could OC in condition 1. Do you need specific holsters? Triple retention? Retention(thumb) strap? Do the weapon need to have a manual external safety? I'm sorry if some of these questions seem ridiculous but I'm used to CC, however I want it, and I never under-estimate the ability of lawmakers to create the most retarded rules.

 

[rmodel65]

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good place to start is www.handgunlaw.us

 

[LiveFreeOrDie]

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WendelBrue wrote:

I also had a question. What are the laws for NH OC? Laymans terms. I'm not sure if they're stated else where in the forum but I have minimal time online for searching. Mainly the basics, is a clip holster a holster? brandishing rules? Can it be condition one? Or does it have to be condition 3 for OC? I was reading where some states, if you didn't have a CCW, you could OC but it had to be condition 3, but if you had a CCW, you could OC in condition 1. Do you need specific holsters? Triple retention? Retention(thumb) strap? Do the weapon need to have a manual external safety? I'm sorry if some of these questions seem ridiculous but I'm used to CC, however I want it, and I never under-estimate the ability of lawmakers to create the most retarded rules.

I'm not a lawyer, but I'll tell you what I know.

There are no laws about open carry except that you can't open carry into a courthouse, and that if you're in a vehicle, you have to have a license to carry (no such thing as open carry in a car).

If your gun stays in your holster, you won't be breaking the brandishing statute.

Safest thing is to get a license to conceal so that if you ever get into your car with your pistol, you're covered.

 

[WendelBrue]

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I have a CCW for NH, and have been CCing for years, but I've seen people get in trouble because their firearm was printed under their shirt, when CCing with a CCW. That whole "don't scare the horses" crap. I'm pretty familar with the CC laws, and I've read the rules, but what seems to be legal and what is actually allowed usually differ. I'm only ever in NH for vacation now so I'm not too keen on spending 24 hours detained, because I looked suspicious or disturbed the public, just to make a statement. That may seem weak or chicken but I've seen my wife for one, 16 day segment, over the last 13 months and I'd like to spend every night sharing a bed with her while I'm home. If she gets detained and put in the same cell with me then there's no problem, we'll make a party out of it.

 

[LiveFreeOrDie]

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WendelBrue wrote:

I have a CCW for NH, and have been CCing for years, but I've seen people get in trouble because their firearm was printed under their shirt, when CCing with a CCW. That whole "don't scare the horses" crap. I'm pretty familar with the CC laws, and I've read the rules, but what seems to be legal and what is actually allowed usually differ. I'm only ever in NH for vacation now so I'm not too keen on spending 24 hours detained, because I looked suspicious or disturbed the public, just to make a statement. That may seem weak or chicken but I've seen my wife for one, 16 day segment, over the last 13 months and I'd like to spend every night sharing a bed with her while I'm home. If she gets detained and put in the same cell with me then there's no problem, we'll make a party out of it.

If you have a CCW and know the CCW laws, there's nothing new for you to learn really. Just know that in a car is considered concealed.

Yes, if the gun is concealed, and then becomes visible for a second, that's cause for a stop because concealed carry is a crime (unless you have a license). However, open carry is never a crime (unless you're in a courtroom) so they don't have cause to stop you if your gun is completely openly carried. If you have any trouble with the police, post it here and we'll help you through it. And no, they can't stop to "see if you're a felon" or something anymore than they can stop you to "see if you have a judge's order" not to be in whatever restaurant you're in.

You will NOT get detained for more than 30-45 minutes, and even that is illegal for the police to do. Most of them know better. A few of the rookies will screw up and break the law by detaining you, but they'll let you go. The worst case scenario is you'll have to show your CCW license. When I open carry, I don't show my ID or my CCW license becuase I'm not required to.

Here is one of the rare times when police broke the law by detaining an open carrier: http://www.youtube.com/watch?v=5FWXnK5UyRI

Here is another example of the Manchester PD screwing up: http://www.youtube.com/watch?v=cKZfa_XweBo

Usually though, they don't bother you: http://www.youtube.com/watch?v=olP_kwsEZ6w

 

[WendelBrue]

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I was under the impression that you're always required to show your ID. Does the code for carrying change, city to city, or is it a state code for NH?

I don't really like being a dick to cops. I'm all for educating them on my rights and their job and what they do and don't have authority to do, but I'd prefer to do it politely as possible. Most are good guys just trying to help out, if they treat me professionally and withrespect, I feel obligated to do the same. If they want to be a dick, I'll return the favor, but if they want to see my ID I don't see much reason why I shouldn't, even if I don't have to. I read a lot of threads on hear that people really treat cops rudely and like the bad guy, when we should be trying to work together on the same team. Gain trust in the police, know them (I've gotten a few warnings, instead of tickets because I knew the cop), and educate them and familarize them on codes and laws they don't necessarily know or deal with every day.

 

[marshaul]

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LiveFreeOrDie wrote:

...if you're in a vehicle, you have to have a license to carry (no such thing as open carry in a car).

Just know that in a car is considered concealed.

Correct me if I'm wrong, but this isn't technically correct by my reading of the statutes. Or, to put it another way, this isn't a precise interpretation or explanation of the law.

Section 159:4

159:4 Carrying Without License. – No person shall carry a loaded pistol or revolver in any vehicle or concealed upon his person, except in his dwelling, house or place of business, without a valid license therefor as hereinafter provided. A loaded pistol or revolver shall include any pistol or revolver with a magazine, cylinder, chamber or clip in which there are loaded cartridges.

So, first of all, technically the law distinguishes between "in any vehicle" and "concealed upon his person", so strictly speaking vehicle carry isn't "considered concealed", it's just treated the same way. Furthermore, this only applies to loaded handguns, so one may have an unloaded handgun in a vehicle, and presumably conceal one as well.

The caveat seems to be that with the vague wording -- specifically the with in, "A loaded pistol... shall include any pistol... with a magazine... in which there are loaded cartridges" -- the ammunition must not be in any way perceivable as being "with" the gun, so it probably should be in the trunk.

This seems like a minor distinction, but (for example) it enables you, if you choose to carry in Condition 3 (no round chambered) without a permit, to merely remove your magazines and place them in your trunk, rather than having to unholster your weapon in public.

In my case, this enabled me (on short excursions across the border from Maine) to "ever get in my car" without needing to obtain a permit.

 

[WendelBrue]

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That is true, they are referring to a loaded gun. You can carry a firearm concealed without a CCW, as long as the weapon isn't loaded and you have no ammunition on you. But the statutes that govern the transportation of firearms, ie, unloaded are different. This is more the general discussion of what is legal with a loaded gun. Beyond transporting, carrying an unloaded gun does as much good as owning a dictionary when you can't read.