NH Gun Laws

[MarkM]

It's not clear if you are applying for a non-resident CCW or if you live in NH.

If you are a resident applying at your local Police dept. then most do not contact your references but contacting them is more common in cities and near the MA border (my local PD phoned my references).

It doesn't really matter what you put as the reason for applying (within reason), I think "all lawful purposes" covers everything.

 

[Maui19]

I do live in NH. My choice is between using a couple good friends as references or using relatives from out of state. Both of the guys I'm thinking of have wifes that would give me grief about gun ownership, and I'd rather not deal with that. However I think I am going to us my buddies and let the chips fall where they may. It's a fairly small town, and our local Chief probably knows both of these guys by name anyway.

Thanks for everyone's input!

 

[MarkM]

Sounds good, in a small town the Chief probably won't even bother contacting them.

 

[Mrcrowley]

Hey folks New here I have my permit to carry which is nice but how many of you travel say in town or in city with your weapon . I dont think I will I never really needed to before but I also keep out of any situation where I would need one I need a carry licence for my property up in the north country own 100 achres of land and people have been camping and shooting on my land more or less it is a deterent .

 

[Admin]

Welcome MrCrowley!

I carry where ever I'm allowed to. If I don't have my sidearm on me I'm either at work or at the bar.

The bottom line is "It's better to have and not need, than to need and not have."

 

[Maui19]

Another stupid question. What's involved in a FTF handgun transaction in NH? Do you need to file and forms? Do both parties need to be residents of NH? Can a NH resident go across a state border (like into MA or ME) to do a FTF transaction?

Thanks.

 

[drgrant]

Another stupid question. What's involved in a FTF handgun transaction in NH? Do you need to file and forms? Do both parties need to be residents of NH? Can a NH resident go across a state border (like into MA or ME) to do a FTF transaction?

Thanks.

Yes, both parties of the transaction have to be same-state
residents... but that's mainly a federal law requirement more than
anything else. (A non FFL selling a gun to a non-resident of the state
the seller resides in is illegal). If I lived in NH, I would ask to see the
buyers NH DL and pistol permit. The latter is not "required" but I figure
it's cheap insurance.

All transactions which cross state lines, with some VERY limited exceptions (eg inheritance) must
be effectuated via an FFL in the buyer's state of residence, unless it's a long gun, then they could
even buy the rifle in the sellers state from an FFL local to the seller. (Assuming a state law
doesnt foul THAT transaction... eg, an NH resident typically cannot buy a long gun from an MA FFL... but places
like MA, NJ, NY and the like are exceptions rather than the rule in that regard. )


-Mike

 

[Maui19]

Thanks Dr G! That's exactly what I needed to know.

 

[MarkM]

drgrant:

Actually the pistol permit if required for a NH FTF if the person you are selling to is not personally known to you.

RSA 159:14 states. "None of the provisions of this chapter shall prohibit an individual not licensed under the provisions thereof who is not engaged in the business of selling pistols or revolvers from selling a pistol or revolver to a person licensed under this chapter or to a person personally known to him."

 

[drgrant]

drgrant:

Actually the pistol permit if required for a NH FTF if the person you are selling to is not personally known to you.

Thanks Mark, good to know that. Of course... theres considerable
grey in that phrasing. I'm guessing that the courts would construe
that to mean something like you've "personally known" the buyer for a
given period of time -before- the transaction.

-Mike

 

[yanowrip03]

NH non resident firearm purchase

I am completely new to this site, have done quite a bit of searching/learning but have yet to find the answer to some of my questions. I will try to make this as direct as I can. I'm 25/m and currently a resident of Westwood MA. My family owns a house in northern NH that I go up to every weekend to work on and I am interested in purchasing a rifle and very possibly a handgun in NH to keep at the house. Again, any firearms would stay in NH that I buy.
I have three NY state marijuana possesion convictions from about 3 years ago. I was told that after one year from the date of conviction that it would be wiped from my record, this was said to me in regards to each case. I was also told that these are violations and are the same as say a drinking in public ticket. (nothing was ever found on me, in my car yes making it in my possesion, but under the passengers seat, which happened in all three instances) I have also never tested positive for any drugs, or have ever had any drinking or drug abuse problems and no other charges of any kind that could be on my record other then what I've mentioned.
(I may have this all wrong) It is my understanding that an MA resident is allowed to purchase both rifles/handguns without any permit in NH whether at a store or gun show. In NH a permit is only required to carry a concealed handgun, I know for a fact that it is legal to openly carry a handgun without any permit at least for residents, I've seen it done even as recently as in the last two weeks.
When I first moved to MA, one weekend while in NH, I went into a gun shop in Littleton and asked some basic questions about non residents purchasing a rifle. At the time I had a NY drivers liscense and the guy behind the counter told me I would need permits from NY in order to purchase any fire arms but I could buy all the ammo and pepper spray I wanted. (think MA is strict with gun laws, try southern westchester ny right near yonkers) The guy in the shop also mentioned that if say I was an MA resident, then it was totally different. Now I am...
So any info in regards to my situation would be very helpful! Thanks in advance to anyone taking the time to help.

 

[matt]

The info is here. Check you search settings. Set to "sort by relevance".

I think you can't buy a long gun in NH unless you can legally own it in MA. You definitely can't buy a handgun in NH as a MA resident without a MA pistol permit as the gun will have to shipped to a MA FFL and be picked up by you there.

What you need to do is apply for a MA LTC, or possibly a FID given you "history". The applications ask about arrests. I don't suggest lying.

For you're best chances work with a competent attorney.

 

[yanowrip03]

1st off...thanks Matt, I appreciate any and all help and will search yet again, I keep finding useful info, that does apply to me, but so far have not found the exact info I am looking for, yet. I have also searched other sites with info that pertains to my situation and again find close to what I'm looking for but not no cigar. That's sound advice on getting an attorney, but from what I have read I have to wait 5 years from the date of my last conviction to apply for any kind of permit in MA and even then I'm not sure if I would eligible in MA because it was drug related. Even if these convictions are wiped from my record and I was asked about any arrests, just being the way I am I would never try to hide anything. Another point concerning a lawyer, I have this feeling in my gut that they won't handle my case for free, if you know of any though, let me know!
I don't know much about gun laws or guns for that matter, the last time I fired a gun was a long time ago. I understand why handguns wouldn't be sold to ma**h***s coming into NH and there is no way of knowing whether or not I or anyone else for that matter actually did keep a firearm in NH if bought there. But if someone from MA who has an LTC (obviously not me) wants to buy a gun in NH to keep at thier house in NH, your saying that the gun would have to be shipped back to a MA FFL, be picked up there just to be brought back up to NH. Laws don't always make the most sense, so it wouldn't surprise me if what you said is right on. There are however alot of people who travel to weekend homes in NH and hunt, and I doubt (I could be wrong) that they buy all thier guns in MA only to bring them up to NH, but maybe. I will continue searching, I just don't want a gun down here in MA (due to where I live, who I live with and also there are already guns in the house I live in owned by a relative) I am at this time only interested in owing a gun in NH, so if anyone has a similiar expierence as a resident of MA but in regards to ownership/purchase of firearms in NH, or any other useful info that pertains, I appreciate it.

 

[drgrant]

You really need to seek a lawyer on this, preferably one that works in the
state where you were arrested. You must be 110% certain that any
of the crimes you were convicted of were not federally or state
disqualifying.

The problem with being an MA resident is you're then "GCA welded" to MA
for the purpouses of buying guns. Buying a handgun will be next to
impossible without an MA resident LTC. It doesn't matter where the
gun will be stored, either. It's because federal law is basically poorly
thought out that this is the case- I think its GCA68, I believe, that prevents
people from buying handguns in a state that they're not a resident
of. The only way to avoid having MA in the loop is to be a
legal NH resident. The way the law is written, thats going to be somewhat
hard for you to do if you only spend the weekends there.


-Mike

 

[yanowrip03]

Matt thanks again and Mike thank you. Without an MA resident LTC I do not expect to actually walk into a store in NH and buy a handgun and as I mentioned I completely understand why, I am more so currently interested in purchasing a rifle, for a number of reasons (all of which are legal). This year because of an injury at work I actually could qualify as a resident due to the amount of time I've spent up there (I checked out declaring residency). I just last winter got my MA liscense and declared residency in MA and soon as I'm done dealing with this injury I won't be spending as much time up in NH, so next year or whatever, I wouldn't be able to qualify as a resident so I am not going to go flip flopping back and forth when in the not to distant future I will be uneligable to be a resident. Moving to NH is by far the way to go, it's unfortuantly not a realistic option in my life right now considering I just took this job in MA, but when I move out of Westwood, I think I may be looking north. Till then I still want to try and obtain a rifle for our place in NH, legally, so I'm off to keep googling and searching sites.
(side note: I remember a game warden or officer, I'm not sure which, who was at the gun shop in Littleton and overheard me while I was talking with a guy who worked there. He commented "once a gun is in NH, it is legal," and said this literally with a wink and smirk. So on the chance there is a loophole and anyone is aware of it, lemme' know, thanks!

 

[Len-2A Training]

You need to consult with an attorney, first and foremost! No, they won't work for nothing, nor should they.

Fed Law makes it a Fed Felony to purchase a handgun in any state where you are NOT a resident. Spending weekends in NH will never qualify you as a resident. You can do an Advanced Search here and turn up more on this matter.

That's why you were told that the handgun would have to be shipped to a MA FFL and then you could keep it in MA or in NH. HOWEVER, you would need a MA LTC first, which you aren't going to get!

MGL Ch. 140 S. 131 (d) (i) (e) LTC Statutory Disqualifications

(i) has, in any state or federal jurisdiction, been convicted . . . for the commission of:

(e) a violation of any law regulating the use, possession or sale of controlled substances as defined in section 1 of chapter 94C​

BTW, although at some point you MIGHT be qualified for a FID card statutorily, under Fed Law (and because of MGLs) you are FOREVER considered a "forbidden person" to possess ANY GUNS in MA at any time. Fed Law only allows for "full restoration of rights" and MGL only allows for "partial restoration of rights" (FID only, not LTC) and thus you would be facing a Fed Felony if ever found in MA with a gun of any type. IANAL, so check this out with a competent firearms attorney.

So, short of permanently moving to NH, AND depending on their laws wrt "disqualifiers", you may or may not ever be able to possess a gun. I don't think that your phrase of "wiping from your record" for three separate convictions will cut it in MA, but that is where an attorney could help, if anyone can.

Good luck, sounds like you might need it.

 

[yanowrip03]

LenS- Thanks for taking the time to help. I appreciate the sound advice from everyone! In terms of residency, I know exactly what I'd have to do to declare, considering that since my injury I have spent well over 6 months in NH and do have a place I could use as a residency. So if I wanted to I could go that route, but I just declared in MA this year. Again I do not plan to move to NH for at least the next couple years. Anyway, sorry to get off topic, though NH residency would be the easiest route, it's not the one I will be taking at this time.
I have been studying the laws a bit mainly NH, MA, NY & federal. I am of course finding conflicting information, no surprise. LenS I do think that MGLs is what may very likely disqualify me. Something of interest I found:
if you go to court in nyc, you can seek an ACD—adjournment and contemplation of dismissal. "If you stay out of trouble for a year, the case is dismissed and you can legally say that you've never been arrested." I was given acd's in two of the cases since I was charged in NYC and none of my arrests were within a year of eachother. I'll have to check about the first one since I was in southern westchester county, again I was told by the judge in the 1st case that it was a violation. (hoping a lawyer reads this and throws in his 2 cents)

 

[KMaurer]

First, as Len pointed out, the legal questions surrounding the previous convictions mandate professional legal advice. While I don't quite agree with his interpretation, it's not wirth discussing here; get legal advice from a real laywer.

In your first post you talked of spending weekends at your family house in NH, while in your latest, you mention spending six months there. If you're spending anything close to that much time there, you should be aware of the provision in federal firearm law that recognizes dual residency. Federal law accepts that you can be a legal resident of one state part of the year, and of a different state for the remainder of the year. While you reside in one state, you can purchase handguns and other firearms there as a resident. Thus it would seem that you could legally purchase handguns or long guns as a NH during your (extended, not weekend) residency there and leave them in NH. Possession in MA would depend on the answers to the legal questions mentioned previously.

Ken

Ken

 

[yanowrip03]

Ken- Thank you, I cannot express to you all how helpful it is to hear other views and opinions concerning my situation. I didn't include in my first post any info in regards to being injured and/or spending as much time in NH as I have been, until it pertained to the topic at hand. The idea of dual residency is interesting, I never expected to have been spending so much time up in NH or be dealing with this injury as long as I have been. Actually, either later tonight after an appointment or tomorrow I will go back up to NH (no internet) for anywhere from 5-14 days depending on when my next doctors appoinment is. Dual residency is something I will look into today, I have to go pick up a copy of an MRI in a little bit, but when I get back, I'll keep investigating. I think that because I have regularly come back to MA for doctors appointments, that 90 "consecutive," days of residency prior to purchase may be an issue. I'm also still figuring out if under federal law (MGLs) in NH (not MA) it is legal for me to obtain/own a firearm due to my record. I will of coarse post any related info I come accross, and thanks again to those trying to help!

 

[Len-2A Training]

We're dealing with legal definitions of "dismissed" between different states, and likely can mean different things. So, I don't want to hazard an "unsafe" guess that could lead you down a wrong path and into legal trouble.

Let's just say that if a records check from MA to NY tells them (CHSB) that you were arrested in NY at ANY TIME and you answer "NO" on the MA LTC application, you have just disqualified yourself AND run the risk of prosecution for PERJURY in MA (for signing the form with false information)!

So everything hinges on what NY reports back to MA.

I can tell you that a "dismissal" in MA WILL show up as an arrest, even if the "records are sealed" or it was a juvenile case, when they check for LTC applicability. "Sealed" here no longer means what it once did!

This is why you need a lawyer.

Fed Law says that a PROHIBITED PERSON is defined as (something like) someone who does NOT LEGALLY HAVE FULL RIGHTS to guns (handguns and long guns).

MGL allows someone convicted of some crimes to eventually possess an FID card, even though they are FOREVER PROHIBITED from getting a LTC.

Therefore, the Feds have looked at MGL and said "no, no, no" . . . those people are FOREVER PROHIBITED under Fed Law since they don't have "all their gun rights restored".

If this is your case, the only way out that I'm aware of is to get a Governor's Pardon from NY, probably a long, difficult and expensive route to follow.

Depending on NH laws, if you become a legal resident of NH you may be legal to buy/keep a gun in NH in spite of MGLs, but if that is so, likely you would be a "Federal felon in possession" (or some such wording) if you crossed into MA with said gun or ever shot a gun in MA (even someone else's gun). Again, IANAL, so you really need a good attorney to sort this out for you to keep you out of trouble and help you get a LTC if at all legally possible.

HTH & Good Luck!

 

[M1911]

I'm also still figuring out if under federal law (MGLs) in NH (not MA) it is legal for me to obtain/own a firearm due to my record.

I strongly suggest that you get advice from an attorney.

First, the statutes themselves are often difficult to understand and difficult to find. Quite often the statutes use words that we think we know what they mean, but the statute defines those words to mean something very different. For example, in most (but not all!) of MA law, a shotgun may not be a firearm -- because MA law defines the word firearm to mean a handgun or short-barreled rifle or shotgun.

Second, the courts may have chosen to interpret the statutes in odd ways. Unless you have access to case law, this may not be apparent to you.

Reading the law yourself is a good idea. But don't think you understand it just because you have read the law. You may have missed some crucial points.

 

[yanowrip03]

That's good advice M1911...An attorney would to say the very least be helpful, I am currently talking to a freind of mine who is a lawyer, but I don't think she is going to be much help as she practices in NY and knows little to nothing about MA or NH firearms laws. I want to also point out that I have no doubt that I am missing some "crucial points," which is one reason why I posted this.
"But don't think you understand it just because you have read the law." In regards to interpreting statues, reading the law and how it applies to me, I want to make it clear that I don't pretend in any way to understand all the laws after having only read some minimally pertaining information. But that doesn't stop me continuing to pursue this and trying to learn as much as I can in relation to my situation. Again, all the feedback I am getting has been great so far and very helpful.

 

[Len-2A Training]

A NY lawyer might understand what the "dismissal" means in terms of an arrest record. VERY IMPORTANT INFO in determining the rest of your situation and actually the "hinge-pin" on which your case rests.

A MA firearms attorney would then be able to proceed to give you advice on how to handle an LTC application or "not to bother" based on the NY info.

A MA attorney is not likely to know what will be reported back to CHSB on a NY records check, just like a NY attorney is not likely to know what to do to get you a MA LTC or even if it is possible.

 

[drgrant]

MGL allows someone convicted of some crimes to eventually possess an FID card, even though they are FOREVER PROHIBITED from getting a LTC.

Therefore, the Feds have looked at MGL and said "no, no, no" . . . those people are FOREVER PROHIBITED under Fed Law since they don't have "all their gun rights restored".

Is this prohibition only contingent upon his residency? EG, it applies only
while he lives here?

And isn't there some other means by which the "disability" can be applied
to be beyond that? EG, the way the "warning" on the 4473 is worded,
if you meet any of the exclusionary criteria listed, that you simply can't buy anything, regardless of whatever the state law says.

Let's use a DUI in MA as an example.... because the max punishment
for first offense DUI can be greater than a year, doesn't this still count
as a prohibited person trigger, regardless of having not served any
time? (My understanding is that according to the feds, ANY crime
that has a penalty of a max sentence being more than a year, makes one
a prohibited person. )

Scenario- Guy gets a DUI in MA. He moves to NH, is he still "disabled"
by federal law, until he gets a pardon or a dismissal or whatever for
the crap in MA?


-Mike

 

[Len-2A Training]

Mike, my expertise with MGLs is a lot higher than with Fed Law. And since I can answer "NO" to "have you ever been arrested for any offense", I have never dug beyond that wrt Fed Law as to what is/is not a prohibiting factor.

I'll leave the answers to this to our online attorneys.

 

[yanowrip03]

Still waiting to hear back from my freind who's a lawyer in ny about what my arrest record is looking like, she is not however a lawyer in NYC where ACD's are given out. With all she's got going on it may be awhile before she gets the time to help. Hopefully an attorney will read this & chime in...I wanted to add that if I don't respond over the next week it's only because I'm up in NH, but while there I plan to continue to do as much research as I can. So chances are I will not be able to respond till next wed. or thurs. when I get back. Thanks for all the help so far!

 

[yanowrip03]

Thought I'd check back in with some info I've come accross. 1st off, after speaking with mutiple liscensed firearms dealers in NH it is my understanding that as a resident of MA, in order to purchase a rifle in NH I would need an FID card from MA, not an LTC. In MA "With respect to an FID license only, a person who has been convicted of such offense may apply for an FID if five years has past since such conviction and/or probation period, whichever occurred last." I am pretty sure that even after 5 years have past, due to the fact that a cheif of police has sole discretion, it may still be very difficult (maybe impossible depending on who I deal with) to get an FID in Mass...Either way I still have a couple more years in regards to being able to apply for an MA FID.
2nd In regards to both NY and Fed laws, this is what I have found so far:
fed law- states that if under indictment or convicted in any court of a crime puishable by a term *exceeding one year* that I am banned from owning any firearms.
fed law- marijuana possession is punishable *up to one year*
(it seems that the wording of this means that under fed law I am *not disqualified*) I may have this wrong and yes I know I need a lawyer to help, but to my knowledge the crimes I've been convicted of do not carry a sentence "exceeding one year."
NY laws- 1st offense 25g or less = civil citation, incarceration none, fine $100
2nd offense 25g or less = civil citation, incarceration none, fine $200
3rd offense 25g to 2oz = misdemeanor, incarceration 3 months max, fine $250
In regards to NH laws, if I were a resident I don't think that under fed or nh law I would be disqualified (I am not positive), but in MA yes, until five years have passed then I can apply for an FID.

 

[M1911]

1st off, after speaking with mutiple liscensed firearms dealers in NH it is my understanding that as a resident of MA, in order to purchase a rifle in NH I would need an FID card from MA, not an LTC.

To purchase a rifle in a state that is not your state of residence, you must obey the laws of both states. Under MA law, you cannot purchase or possess a high-capacity rifle or shotgun unless you have an LTC Class A or LTC Class B. If you had just an FID and purchased a high-capacity rifle in NH, I suspect that would be a problem. See http://www.mass.gov/legis/laws/mgl/140-131.htm

But I think you may have much bigger problems then that.

In MA "With respect to an FID license only, a person who has been convicted of such offense may apply for an FID if five years has past since such conviction and/or probation period, whichever occurred last." I am pretty sure that even after 5 years have past, due to the fact that a cheif of police has sole discretion, it may still be very difficult (maybe impossible depending on who I deal with) to get an FID in Mass...Either way I still have a couple more years in regards to being able to apply for an MA FID.

Stop right here and see an attorney right now.

Here's the problem. Under MA, people who have been convicted of some offenses can apply for an FID after 5 years, but they are prohibited from getting an LTC. That FID must be issued by the police department, as it is shall issue. However, under federal law, if the state does not restore all of the persons rights with regards to firearm possession, then they would be considered a felon in possession of a firearm. In other words, there are some situations where MA police must issue an FID to a person, but it would be a federal felony if that person then went and purchased a gun.

I don't know if that applies to your situation. Do you? Now do you see just how dangerous it is to proceed without contacting an attorney?

My guess is that it won't take much time (read $) for an attorney like Darius Arbabi or Jesse Cohen to tell you where you stand.

You've been going around and around and around on this. Why not just spend a few hundred bucks and get a definitive answer?

 

[yanowrip03]

M1911- You asked me why not just spend a few hundred bucks and get a definitive answer? If I could afford a lawyer then I wouldn't have brought this up on NES. In my last post I clearly stated that from all the research I have done that I am not even eligible to apply for an FID (not an LTC) for a couple more years.
"you cannot purchase or possess a high-capacity rifle or shotgun unless you have an LTC Class A or LTC Class B. If you had just an FID and purchased a high-capacity rifle in NH, I suspect that would be a problem."
You may very well be right M1911, but according to guys in NH who are liscensed to sell firearms (they may be wrong) in NH all that I was told that was required to purchase a rifle was an MA drivers liscense and FID card. Now I may be wrong, but isn't there a difference between a rifle & a "large-capacity rifle," because I know I have not mentioned anything about purchasing a high capicity rifle?
"Here's the problem. Under MA, people who have been convicted of some offenses can apply for an FID after 5 years, but they are prohibited from getting an LTC. That FID must be issued by the police department, as it is shall issue. However, under federal law, if the state does not restore all of the persons rights with regards to firearm possession, then they would be considered a felon in possession of a firearm. In other words, there are some situations where MA police must issue an FID to a person, but it would be a federal felony if that person then went and purchased a gun." I will do some research on this because I am not quite sure.
Also, you asked me "I don't know if that applies to your situation. Do you? Now do you see just how dangerous it is to proceed without contacting an attorney?"
I will go ahead and be sure do my best to figure out if this applies to my situation.
It's not a question of "now do you see..." because that implies that at one time I didn't, if that were the case and I was at anytime disregarding the possible danger invovled in this situation, please point this out to me. Most people who disregard dangers in relation to gun laws, I would think wouldn't take the time to do research, thus displaying how much regard they have for the danger involved.
"You've been going around and around and around on this." My feeling on going around and around means not bringing any new info to the table, repeating etc... and from what I have read looking back,though this is obviously the same issue, it doesn't mean that the same information is being presented over and over again, but that's just my take.
Since I am responding to M1911 I'd like to directly thank you for lending a some of your time to help!

 

[RKG]

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...

Ch. 266, section 120.