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NH Gun Laws

Jay G said:
What about signs forbidding the carrying of firearms?

I know in MA those signs represent nothing more than the premise-owner's good wishes and would require one to actually trespass to constitute a criminal offense (and I'm sure Scrivener will be along to correct me if I'm wrong here... [smile]). Are they enforceable by law in NH?

I ask because the Rockingham Mall has those signs posted. If it's not an arrestable offense, I will continue to CCW there. If it is, I shall not patronize that mall.

Good question: As far as I know under NH state law there is no provision for a business to post a sign forbidding carrying. Of course a private business can ask anyone they want to leave the premises and if you return then you are trespassing.

I never noticed the signs at Rockingham Mall and I carried there yesterday (being cafeful to keep it concealed when I bent down to pet the cute puppies in the pet store [smile] ).

I did see a security guard a couple of times (scrawny, moustache, 2 sizes too big hat) and he did seem to be diligently checking the rear ends of all the teenage girls to spot any concealed weapons. [smile] (he also looked like he would pee his pants and run if there was any real trouble).
 
There's a generic sign at all of the mall entrances saying that all weapons are forbidden from the premises.

If it's like MA, and they can only ask me to leave (which, as you correctly state would be trespassing should I refuse). If it's an arrestable offense, then I will refrain from patronizing that mall.

Thanks for your response!

MarkM said:
Good question: As far as I know under NH state law there is no provision for a business to post a sign forbidding carrying. Of course a private business can ask anyone they want to leave the premises and if you return then you are trespassing.

I never noticed the signs at Rockingham Mall and I carried there yesterday (being cafeful to keep it concealed when I bent down to pet the cute puppies in the pet store [smile] ).

I did see a security guard a couple of times (scrawny, moustache, 2 sizes too big hat) and he did seem to be diligently checking the rear ends of all the teenage girls to spot any concealed weapons. [smile] (he also looked like he would pee his pants and run if there was any real trouble).
 
What about signs forbidding the carrying of firearms?

I know in MA those signs represent nothing more than the premise-owner's good wishes and would require one to actually trespass to constitute a criminal offense (and I'm sure Scrivener will be along to correct me if I'm wrong here... [smile]). Are they enforceable by law in NH?

I ask because the Rockingham Mall has those signs posted. If it's not an arrestable offense, I will continue to CCW there. If it is, I shall not patronize that mall.

If the signs conform with 635:4 and prohibit carrying weapons, then you are trepassing if you ignore them and carry anyways. It can automatically be a violation if you're caught and becomes a misdemeanor if they ask you to leave and you refuse (See 635.2).
 
If the signs conform with 635:4 and prohibit carrying weapons, then you are trepassing if you ignore them and carry anyways. It can automatically be a violation if you're caught and becomes a misdemeanor if they ask you to leave and you refuse (See 635.2).

[NOTE: The cites above are only for NH. Laws differ in each state, so be aware. In MA, signs are irrelevant and only trespassing after being asked to leave (for any reason) can be an issue wrt to anti-gun signs.]

No denying the "possibility" but the requirements for signs EVERY 100' around the perimeter of the property will exclude every anti-gun sign that I've ever seen. Also, I've never seen any anti-gun sign with lettering 2" or larger. Both these are required for the first cite you provided.

As to the second cite, if they take my money, I am not trespassing! If they spot a gun and ask you to leave, fine just do so with no backtalk and you again are NOT trespassing. ONLY if you refuse to leave (and this has NOTHING TO DO WITH GUNS) AFTER being asked to leave, are you guilty of criminal trespassing.

I wouldn't worry about these two laws as long as you use common sense (leave if asked to).
 
No denying the "possibility" but the requirements for signs EVERY 100' around the perimeter of the property will exclude every anti-gun sign that I've ever seen. Also, I've never seen any anti-gun sign with lettering 2" or larger. Both these are required for the first cite you provided.

I'd say it's unlikely, too. However our friends at the Brady Campaign are informing businesses how to keep CCW out in Shall Issue states: Guns and Business Don't Mix: A Guide for Keeping Your Business Gun Free
 
I'd say it's unlikely, too. However our friends at the Brady Campaign are informing businesses how to keep CCW out in Shall Issue states: Guns and Business Don't Mix: A Guide for Keeping Your Business Gun Free

Yes, but ONE missing sign around the entire property and the whole sign idea has no legal footing. I learned this when I lived in CT and each of three apartment buildings had "no solicitors, no trespassing" signs on each front door. I talked with the PD and was informed that unless they were every 50' (in CT and MA) along the entire perimeter of the property, they weren't enforceable. I've also been a member of two gun clubs in MA where we discussed this very issue too.
 
Len:

Do you have a cite no-trespassing signs in MA? I had at least one attorney (of dubious quality) tell me there was no such distance requirement.
 
No I don't, but go to MGLs website and do a word search on "trespassing" and you should be able to find it. Then please post cite here? Thanks.
 
I couldn't find anything in the MGL that describes requirements for posting against trespass. It might be there and I just couldn't find it. It might also not be there, but there may be case law that is controlling. Of course, IANAL...
 
You're right of course, LenS, though I'll point out that the distance in NH is 100 yards, not 100'. Of course I imagine it's a moot point, since I think most of the time even if a place was properly marked they wouldn't bother pressing things further if you left when asked and didn't come across as a trouble maker. I personally wouldn't let the 'no weapons' stop me from carrying.
 
OK, I've been wondering for a while: Can a person with a CCW license in NH carry on school grounds?
I sent an e-mail to the Boston ATF office long ago, asking this question, noting that one exception from the GFSZA is where a person posessing a firearm is licensed to do so by the state where the school is, provided "the law of the state... requires law enforcement to verify that the individual is qualified under law to receive the license." The gentleman who replied said no, because "according to NH state law (159:6 (I)), selectmen, mayors, chiefs of police, or some full time police officers designated to handle by them respectiviely have the authority to issue the license. Since mayors and selectmen do not always qualify as law enforcement officials, the NH state conceal carry permit does not qualify as an exemption to the Gun Free School Zone Act." That seemed odd to me, that just because a mayor or selectman could grant the license, the whole thing doesn't count. However, I just figured that was that and didn't carry on school grounds.
Today, however, I was on TFR (The Firing Range, the guns subforum of the Something Awful forums), and there was a thread about a friend of a friend who was robbed on a college campus. A few people were suprised that carrying was not banned by federal law on college property, and one person replied, "Nope and in fact, if your state has no prohibition on it, a CCW licensee can carry in elementary/jr high/high schools too."
Long story short, is this true? Is New Hampshire the only state stuck with this lack of exemption? PDO's down, else I'd try to look it up there...
 
Illegal in MA on any school or college property.

Unknown (in MA) if this applies to property owned by colleges but not used for college housing/offices/classes.
 
Personally I wouldn't trust anything the ATF said.

My CCW was issued by the police chief and they verified I was qualified under law, I am not going to be concerned every time I go within 1000 feet of a school (like I do every day when I go to the grocery store, to the range, to the town beach etc).
 
Yep, just checked some more: the ATF guy was full of crap and lied to you, the law allows for licenses issued by law enforcement or a political subdivision of the state:

(B) Subparagraph (A) shall not apply to the possession of a firearm--

(i) on private property not part of school grounds;

(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 obtain 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;

(iii) which is--

(I) not loaded; and

(II) in a locked container, or a locked firearms rack which is in a motor vehicle;

(iv) by an individual for use in a program approved by a school in the school zone;

(v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;

(vi) by a law enforcement officer acting in his or her official capacity; or

(vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.
 
Yep, just checked some more: the ATF guy was full of crap and lied to you, the law allows for licenses issued by law enforcement or a political subdivision of the state:

Now, now. He probably didn't lie, since that would presume that he actually knew the law and then told you something else. If you call up some office and ask them for a yes/no answer related to something that's essential to their business, the odds are only slightly better than 50/50 that you'll get the right answer, assuming that there actually is an unqualified yes/no answer. Doesn't matter whether it's ATF, State or local police, or McDonalds.

Ken
 
If the signs conform with 635:4 and prohibit carrying weapons, then you are trepassing if you ignore them and carry anyways. It can automatically be a violation if you're caught and becomes a misdemeanor if they ask you to leave and you refuse (See 635.2).

So, if you leave, then the whole thing is a non-starter? That's just about the standard for most free states,
more or less. NH does not have "explicit legally binding signage" like OH and TX does, where if you violate the sign,
you are instantly committing a crime. Most states use the "tresspass" standard, not legally binding signage.
(Legally binding signage is a poison pill that the antis inserted into shall-issue CCW in a few states... in some states
it doesnt matter much, like TX, because they can't even make the signs comply with the law half the time,
in others, it's rediculous. (Ohio).

-Mike
 
NH state parks and campgrounds

Hi

I'm new to NES with only one question. Does anyone know the policy and or laws pertaining to concealed carry in NH state parks and campgrounds.[grin]
 
Welcome to the forum. We hope you enjoy it here.

Not being a NH resident and not having hiked in any NH state parks in years, I don't know the answer. But, I suggest you do a search here for the links to the NH State Laws on guns and give it a read. If it's not prohibited, you'll be good to go. If it is prohibited, you should find that info in the State Laws. It should be short reading, very unlike MA gun laws!
 
Only one place is off limits

Hi

I'm new to NES with only one question. Does anyone know the policy and or laws pertaining to concealed carry in NH state parks and campgrounds.[grin]

The only place off limits in NH to permit holders under state law are courthouses. Other than that, you can open carry or conceal carry anywhere else in the state under State law.

New Hampshire, quite possible the best ran territory on the planet.
 
Hi

I'm new to NES with only one question. Does anyone know the policy and or laws pertaining to concealed carry in NH state parks and campgrounds.[grin]

Welcome to NES!

To carry concealed in NH you need a NH resident or non-resident pistol permit, as others wrote above you can then carry concealed everywhere in NH except courthouses and places prohibited by federal law:

national parks (but not national forests, they are ok), federal buildings (including ranger stations and visitor centers in national forests), US Army Corp of Engineers property (including the dams they build and operate, some of which are in state parks).

There are no National Parks in NH but the Saint-Gaudens National Historic Site is administered by the National Park Service.

White Mountain National Forest is Federal not a state park so stay out of ranger stations and visitor centers to stay within the law when concealed carrying.

US Army Corp of Engineers sites in NH include:

http://www.nae.usace.army.mil/recreati/damlist.htm

Blackwater Dam
Edward Macdowell Lake
Franklin Falls Dam
Hopkinton Lake
Otter Brook Lake
Surry Mountain Lake
 
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. [/i]
Since this only mentions pistols and revolvers does it mean it is legal to carry loaded rifle magzines in a vehicle? Just wondering if I can preload my rifle mags and stipper clips before going to the range.
 
Since this only mentions pistols and revolvers does it mean it is legal to carry loaded rifle magzines in a vehicle? Just wondering if I can preload my rifle mags and stipper clips before going to the range.

No loaded rifles or shotguns in vehicles, ok to have loaded magazines or stripper clips as long as they are not attached to the rifle:

http://www.gencourt.state.nh.us/rsa/html/xviii/207/207-mrg.htm

207:7 Hunting From Motor Vehicle, OHRV, Snowmobile, Boat, or Aircraft. –
I. No person shall take or attempt to take wild birds or wild animals from a motor vehicle, OHRV, snowmobile as defined in RSA 215-C:1, boat, aircraft or other craft propelled by mechanical power.
II. No person shall have or carry, in or on a motor vehicle, OHRV, snowmobile, or aircraft, whether moving or stationary, a cocked crossbow, a loaded rifle or loaded shotgun, or a rifle or shotgun with a cartridge in a magazine or clip attached to the gun.
III. No person shall have in or on a boat or other craft while being propelled by mechanical power, or in a boat or other craft being towed by a boat or other craft propelled by mechanical power, a cocked crossbow, a loaded rifle or loaded shotgun, or a rifle or shotgun with a cartridge in a magazine or clip attached to the gun.
IV. The provisions of this section shall not apply to law enforcement officers carrying guns in the line of duty.

Source. 1935, 124:1. 1937, 188:4. RL 241:6. 1947, 47:1. 1949, 16:1. RSA 207:7. 1969, 11:1. 1971, 308:1. 1983, 449:19, eff. July 1, 1983. 2003, 35:3, eff. July 1, 2003. 2005, 210:6, eff. July 1, 2006.
 
I have a couple questions about NH's CCW application. I notice that the form asks the reason why you are applying.Is "self protection" a good enough reason to grant a CCW license, or do you need to elaborate?

The form also asks for 3 references. Will they be contacting the references? The reason I ask is there are some people I would rather not know that I have guns in the house.

Thanks for any input you can provide. Great forum, BTW.
 
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Doesn't matter what you put. self protection is fine. NH is shall issue, so as long as you don't put "to maim and kill innocents" I think you are good to go.

I don't think they contact references. They didn't call mine. I think they just trust that MA did their job (assuming you are from MA). They didn't call mine.

And it's quick. 7 days from mailing to return of the license is common.

Welcome to the forum!

Matt
 
DON'T use someone for a reference if you don't want them to know that you have guns!

NEVER wise to put someone down as a reference without first asking them anyway. Saves tons of embarrassment just in case someone does ask.

I'm not aware that they do check, but you can never tell if that policy may change some day.
 
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