imported post
To put it flatly, not everyone is smart enough and cool headed enough that they should carry a gun, and a very small percentage of those people, are smart enough, cool headed enough, and trained enough to make it wise to OC everywhere, even though, legally, it's still there right to do so. Sadly, people can't be prohibited from doing things because they're too stupid.
Every Living person has the right to Self protection. As for the OC picnic some towns and city have codes that keep guns out of city/town parks. Like my city the city of Claremont,NH has this code under parks and Rec.
Sec. 12-67. Disorderly conduct.
(a) No person shall disturb the peace and good order in any park by fighting, quarreling or wrangling with loud voice or shouts, threatening by violence to the person or property of others, or engaging in riotous clamor or tumult.
(b) No person shall congregate with others in a public place and refuse to comply with a lawful order of the police or the director to disperse or leave the park.
(c) No person, except peace officers or other law enforcement officers, shall have or carry any pistol, switchblade, hunting knife, slingshot, dagger, metal knuckles or other dangerous weapons concealed on or about his person while in the park.
(d) No person shall use obscene, profane or abusive language while in the park.
(e) No person shall loiter in or near toilet buildings or parking areas.
(Ord. No. 171, § 10(A), 9-14-77)
Chapter 12 parks and Recreation, Division 3 Regulations..
Now it was put on the books in 77 and has not been updated but it's still a city code. But by NH law as of 2003 when RSA 159:26 went into law it killed all city/town codes having to do with guns and said only the state can set laws about firearms.
TITLE XII
PUBLIC SAFETY AND WELFARE
CHAPTER 159
PISTOLS AND REVOLVERS
State Jurisdiction
Section 159:26
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.
Source. 2003, 283:2, eff. July 18, 2003.
But here's the thing I can not get a ruling on the matter. I have called the city police department and they said talk with the city about it. I called the NH Attorney General about their understanding on the law and if they read it the way i do. I called 3 times and no one will talk to me they keep sending me to voice mail. So if there is a law on the books in your town/city and you carry in a park they may still arrest you.
