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NH College CCW Bill
- Thread starter edhead35
- Start date
I agree it would be nice to see them make some kind of ruling that places such as UNH are (or are not) political subdivisions and that they can make no laws that preempt state law.
http://www.unh.edu/users/usnh/usnholpm/UNH/III.Admin/J.htm
http://www.gencourt.state.nh.us/rsa/html/VI/101/101-2.htm
http://www.gencourt.state.nh.us/rsa/html/xii/159/159-26.htm
http://www.unh.edu/users/usnh/usnholpm/UNH/III.Admin/J.htm
http://www.gencourt.state.nh.us/rsa/html/VI/101/101-2.htm
http://www.gencourt.state.nh.us/rsa/html/xii/159/159-26.htm
There are no statutory prohibitions against carrying on college campuses in NH. If it's a private college, they can make their own rules, applicable to students, faculty, and visitors, and enforce them by removing visitors or dismissing expelling students. Visitors would be subject to trespass charges for refusing to comply.
As for colleges that are part of the state university system, it's probably a little murkier. They are state facilities and are no more able to prohibit visitors from carrying than are any other state agencies. But they can establish their own policies with respect to their staff and students, who agree to those terms when they sign on to work or study there. Students and staff violating the policy would not be subject to prosecution, but they could get the boot nonetheless. What's not clear is whether the schools can prohibit visitors, who otherwise have a lawful reason to be on campus, from carrying. More specifically, can a public university charge you with trespassing if you refuse to leave while armed?
As for colleges that are part of the state university system, it's probably a little murkier. They are state facilities and are no more able to prohibit visitors from carrying than are any other state agencies. But they can establish their own policies with respect to their staff and students, who agree to those terms when they sign on to work or study there. Students and staff violating the policy would not be subject to prosecution, but they could get the boot nonetheless. What's not clear is whether the schools can prohibit visitors, who otherwise have a lawful reason to be on campus, from carrying. More specifically, can a public university charge you with trespassing if you refuse to leave while armed?
Wish they would do this in MA. I take night classes at STCC every now and again hate the fact that I have to make the trek back to my truck at 9:45 pm in that sh*tty area. Last fall, someone was shot two blocks from my truck while I was in class. I read about it the next morning at work on masslive and was like, ohh, that's nice, glad I'm safer for not being armed. ![[banghead]](/xen/styles/default/xenforo/smilies.vb/045.gif "Bang Head [banghead]")
It's worse in MA because of the 269-10(J) crap. At least NH doesn't have that, which means you can use the "concealed is concealed" mantra for any NH "school" not covered by GFSZ. They can still have a policy, but policy is not law. Keep it out of sight and nobody will care.
-Mike
-Mike
What he said.
Ruger LCP + Uncle Mikes pocket holster = outta sight, outta mind. It's my preferred State House CCW method.
i go to NHTI and i wish concealed carry was allowed there....it should be its a state school and i can carry elsewhere on state grounds but not the Tech???? i also have a girlfriend who goes to UNH and has to walk in the dark campus due to a job with some late hours...she should be able to carry as well
Compared to MA law, concealed carry IS allowed at any NH college/university. If you don't obey school policies, worst case is that you have to find a different school. Applying somewhere else kinda tops being slaughtered in my opinion.
I went to NHTI (ASEET) and while I certainly understand the want to CC, the state police training facility is right there, tends to keep the scum at bay. That said, pocket carry is the best option for a place like NHTI or UNH. Yes it is not illegal, but if you are found out you will be expelled. And the only reason anyone should ever know you are CCing is because you were forced to use deadly force (outlined here: Chapter 627). Also, tell you GF to get some mace and carry it with her at all times (and to practice with an extra can). There are several threads in the general discussion section about what kind of OC/mace is best. Alternatively, you can have her get a pocket pistol.
Remember, never tell anyone you carry a gun. Ever. The less they know the less chance they will get all scared and tell someone on you.
KBCraig
NES Member
As others have pointed out, there are exactly two places in NH where guns are prohibited by state law:
1. Courtrooms
2. See #1; repeat.
Public universities are clearly political subdivisions of NH, thus they're subject to the total preemption enjoyed by the General Court, excluding all others. Unfortunately, there's no court ruling affirming the plain wording of the law. Universities continue to ban students and staff (via rules) and the general public (via trespassing warnings) are defying state law, but no one has been able to call them on it.
Generally speaking, I don't like laws that "grant" permissions or rights; that's anathema to our permissive system of common law, where it's legal unless a law says otherwise. But, under the present circumstances, I support the General Court smacking down those government agencies that are defying the state constitution and RSAs.
1. Courtrooms
2. See #1; repeat.
Public universities are clearly political subdivisions of NH, thus they're subject to the total preemption enjoyed by the General Court, excluding all others. Unfortunately, there's no court ruling affirming the plain wording of the law. Universities continue to ban students and staff (via rules) and the general public (via trespassing warnings) are defying state law, but no one has been able to call them on it.
Generally speaking, I don't like laws that "grant" permissions or rights; that's anathema to our permissive system of common law, where it's legal unless a law says otherwise. But, under the present circumstances, I support the General Court smacking down those government agencies that are defying the state constitution and RSAs.
It'd be nice to have a bill saying colleges can't prohibit carry though.
I'd rather not have to worry about being expelled from here and then applying to another school because I got expelled from the last one.
I'd rather not have to worry about being expelled from here and then applying to another school because I got expelled from the last one.
I agree with you BUT would you rather be dead and still a student or alive and expelled? ( I believe in the latter)
And again, the only reason you should be expelled is because you were forced to use deadly force. Concealed is concealed.
Not in the context of this thread, at least.We're talking about colleges/higher ed, not K-12. Correct me if I'm wrong, but GFSZ only applies to K-12.
-Mike
You are in fact, correct. From the law:
From the NH RSA's:
GSG never lets a clear read of the law get in the way of his extreme interpretations of things you can't do.
Thanks for the cite. I was pretty sure that was the case, but wasn't 100%, so that's why I sort of hedged my bets there.
An interpretation is just an opinion though, unless the law in question is "clean" or its backed up by case law. When the laws are not clean that only leads us to rampant speculation, and some people speculate in the most conservative way possible and others, not so much. Many of us (myself included) are guilty of rampant speculation.
![[laugh]](/xen/styles/default/xenforo/smilies.vb/012.gif "Laugh [laugh]")
I've also eaten a lot of shoe leather for misunderstanding certain things. (For example, I was under the mistaken impression that there was no post-lopez GFSZ case law, but GSG had actually pointed this out to me in a thread on here awhile ago. ) -Mike
Not in the context of this thread, at least.
You are correct, I was speaking in general, which is why I worded my post the way that I did...thread drift and all.
Are you still upset about large capacity & the MGL competition exemption?
![[wink]](/xen/styles/default/xenforo/smilies.vb/002.gif "Wink [wink]")
I'm going on a clear read of the law, the same way that the courts have/will in caselaw.I tend to interpret conservatively. Funny though how no one gets upset if I post legal cites indicating that legal norms are less restrictive than is commonly believed though.
Oh I completely agree with you, just one more thing I would rather not have to deal with in a defensive shooting.
Fixed![[smile]](/xen/styles/default/xenforo/smilies.vb/001.gif "Smile [smile]")
As much as I hate private companies or schools telling customers they can't bring weapons on to company property, they should still have the right to say if guns are a go or no-go.
I imagine there are private colleges out west you can attend that will let you ccw everywhere on campus.
