NH laws for possession & purchasing?

[AntiqueWeapons.org]

This is all so confusing to me a bit.
I am originally from Massachusetts & began collecting & shooting black powder guns & was able to purchase such at Mass. gun shows with only my drivers license. .....I intend to start buying & collecting post 1898 C&R longarms, but from what I understand, NH requires nothing but residency, is this correct? Anyway, what will I need to be legal to purchase & possess post 1898 firearms. (Rifles/shotguns/military carbines/etc). Also, what do I need to be able to legally possess rimfire & centerfire cartridge shooters.

I just need some clarification on this. I'll be posting another question about C&R 03.

 

[Len-2A Training]

Welcome to the forum.

NH only requires a NH DL to purchase/possess ANY guns (including machine guns) and ammo. You can get a NH CCW from your local PD but that is only needed for concealed carry.

Wrt C&R FFL . . . before you ask questions, please read the entire thread on C&R FFLs, it will answer most if not all of your questions.

http://northeastshooters.com/vbulletin/showthread.php?t=104

 

[Lugnut]

Sorry- I have a simple question. In NH ( as well as other states thar don't require a special license to purchase a handgun) other than a DL- does the dealer also do a NICS check upon purchase? Anything else? A cowoker asked and I wasn't sure.

 

[AntiqueWeapons.org]

Sorry- I have a simple question. In NH ( as well as other states thar don't require a special license to purchase a handgun) other than a DL- does the dealer also do a NICS check upon purchase? Anything else? A cowoker asked and I wasn't sure.

For handguns, yes. 5 day wait & NCIS. But I could be incorrect on that.

 

[drgrant]

For handguns, yes. 5 day wait & NCIS. But I could be incorrect on that.

All FFLs (eg, anyone with a federal license to sell firearms) must conduct a NICS check on any
handgun/long gun purchaser that isn't an FFL holder themselves.

Most states don't have a waiting period, especially not the free
ones. There is no mandatory federal waiting period, unless you get a DELAY
on the nics response, then you have to wait 3 days unless the NICS call
center calls back the FFL beforehand. (which often happens.)

Further, a DL isn't an absolute requirement. Any state issued photo ID
would probably work, or possibly something like a US passport plus proof
of residency. (a phone bill, etc.).


-Mike

 

[ScottS]

For handguns, yes. 5 day wait & NCIS. But I could be incorrect on that.

You are incorrect. There is no "5 day waiting period," period. The only thing that might delay your handgun purchase even 10 minutes is the fact handgun purchase call-ins go to the State vice the standard NCIS (as long-guns do), and sometimes they're real busy. Sometimes you have to wait for a call-back. Longest I've waited for a call-bak on a handgun approval is about 15 minutes, and that was way beyond the norm.

 

[LoginName]

All FFLs (eg, anyone with a federal license to sell firearms) must conduct a NICS check on any
handgun/long gun purchaser that isn't an FFL holder themselves.


-Mike

Not required in all states. The feds allow certain states CCW licenses as an alternative to the NICs check.

http://www.atf.treas.gov/firearms/bradylaw/permit_chart.htm

 

[MarkM]

Smith & Wesson .32, Hopkins & Allen .32, Harrison & Richardon .32 & a Victor .22, all of which are pre 1898 & exempt according to Mass, but now I live in New Hampshire & I am concerned with my possession of the 4 handguns.

NH law doesn't make a distinction between pre-1898 and post-1898 handguns:

159:1 Definition. – Pistol or revolver, as used herein, means any firearm with barrel less than 16 inches in length. It does not include antique pistols, gun canes, or revolvers. An antique pistol, gun cane, or revolver, for the purposes of this chapter, means any pistol, gun cane, or revolver utilizing an early type of ignition, including, but not limited to, flintlocks, wheel locks, matchlocks, percussions and pin-fire, but no pistol, gun cane, or revolver which utilizes readily available center fire or rim-fire cartridges which are in common, current use shall be deemed to be an antique pistol, gun cane, or revolver. Nothing in this section shall prevent antique pistols, gun canes, or revolvers from being owned or transferred by museums, antique or arms collectors, or licensed gun dealers at auctions, gun shows, or private premises provided such ownership or transfer does not conflict with federal statutes.

In other words it is legal to own them (as they are treated identically to regular handguns under NH law), it is legal to open carry them, but you cannot open carry them in a car or carry them concealed without a Pistol/Revolver License (or CCW permit from another state recognized by NH).

Edit to add: My comments above are based on you also being legally able to own a firearm under Federal law which it appears you may not be. If you are ineligible under Federal law (GCA 1968) then you can own any federal non-firearms (such as the pre-1898 handguns) but you cannot own any post-1898 centerfire or rimfire firearms (pistols, rifles, shotguns, machine guns, any other weapons, destructive devices etc).

 

[AntiqueWeapons.org]

Edit to add: My comments above are based on you also being legally able to own a firearm under Federal law which it appears you are not due to the felony convictions you mentioned in your new C&R FFL topic. If you are ineligible under Federal law (GCA 1968) then you can own any federal non-firearms (such as the pre-1898 handguns) but you cannot own any post-1898 centerfire or rimfire firearms (pistols, rifles, shotguns, machine guns, any other weapons, destructive devices etc).

I'm not sure how to word it, but I thought state law had more power/control over federal? In regards to GCA 1968, is this a permanent disqualification, or is it timelined, like for example, no felony conviction in last X amount of years, or certain kinds of felonies, etc. Are there any exceptions to this?
Are these GCA 1968 limits permanent, or can I do something to become eligible? I like shooting, I like to collect & am interested in many types of guns issued up to WWII & want to be legal. What can I do in addition to applying for the C&R 03.

 

[Len-2A Training]

From what you have posted on NES, YOU ARE A PROHIBITED PERSON as defined by Fed Law.

You need to brush up on the laws before you find yourself in the "graybar hotel"!!

Fed Laws ALWAYS TRUMP State Laws!

There is NO EXPIRATION of a Federally Prohibited Person!

You don't want to spend money on a lawyer, but everything you are doing is very likely to land you in jail, sooner than later too.

 

[MarkM]

I'm not sure how to word it, but I thought state law had more power/control over federal? In regards to GCA 1968, is this a permanent disqualification, or is it timelined, like for example, no felony conviction in last X amount of years, or certain kinds of felonies, etc. Are there any exceptions to this?
Are these GCA 1968 limits permanent, or can I do something to become eligible? I like shooting, I like to collect & am interested in many types of guns issued up to WWII & want to be legal. What can I do in addition to applying for the C&R 03.

As Len said Federal law trumps state law.

Assuming your conviction carried a possible sentence of over 1 year it is a permanent disqualification (even if you were sentenced to a lot less or even served no time).

The only way to get your gun ownership right back is to get all the convictions expunged from your criminal record (in the state you were convicted).

Assuming they were in NH then I think they can be expunged 5 years after you completed the sentence and any associated parole. Note that this will probably take a good amount of time and money.

If the convictions were in MA then there are a number of good MA lawyers who frequent this board who might be able to provide more information.

 

[bpm990d]

What can I do in addition to applying for the C&R 03.

Did you read what people posted and understand what they are telling you?

 

[MarkM]

Did you read what people posted and understand what they are telling you?

Exactly, as the other thread (on the C&R application) has disappeared, I will state it again here:

Talk to a Lawyer.

It is my understanding that:

a) If you apply for a C&R FFL and disclose the convictions then your app will be rejected (and they will probably pay you a visit to make sure you don't own any firearms).
b) If you apply for a C&R FFL and don't disclose the convictions they will probably find out, which is a felony that will send you to Federal pmita* Prison sharing a cell with a guy named Bubba who thinks you're real purty.
c) If you currently own any post-1898 firearms (which you stated you didn't already, but just checking) they will probably find out, which is a felony that will also send you to Federal pmita Prison.
d) If you buy a post-1898 firearm either from a dealer or from the classified here face-to-face they will probably find out, which is a felony that will also send you to Federal pmita Prison.

* If you don't know what pmita stands for google it.

I know you don't want the expense of a lawyer but you should be making good money from the kind of websites you run so please go see a lawyer if you ever want to legally own firearms.

 

[AntiqueWeapons.org]

Did you read what people posted and understand what they are telling you?

Of course I did & I contacted Darius to get consultation.

I also reviewed GCA 1968 in it's entirety & under section 925, I may file for relief from disabilities.


And if all fails, then I guess I have to stay away from anything that is not flintlock, percussion, etc.

 

[AntiqueWeapons.org]

.

I know you don't want the expense of a lawyer......

Whatever gave you that idea?

 

[MarkM]

Whatever gave you that idea?

Because that is exactly what you said in the C&R thread something along the lines of "I would rather get free advice on the internet" and "I would rather spend $30 applying than a few hundred on a lawyer".

I'm not trying to be mean or give you a hard time, I just don't want to see you make a mistake and end up in jail as BATFE can be very unforgiving.

 

[MarkM]

Of course I did & I contacted Darius to get consultation.

I also reviewed GCA 1968 in it's entirety & under section 925, I may file for relief from disabilities.


And if all fails, then I guess I have to stay away from anything that is not flintlock, percussion, etc.

That is a good first step. Darius can tell you it exactly how it is, and hopefully help you recover from the silly mistakes in your past that you are trying to put a long way behind you. Good luck!

 

[AntiqueWeapons.org]

Because that is exactly what you said in the C&R thread something along the lines of "I would rather get free advice on the internet" and "I would rather spend $30 applying than a few hundred on a lawyer".

I'm not trying to be mean or give you a hard time, I just don't want to see you make a mistake and end up in jail as BATFE can be very unforgiving.

I think that's misunderstood. I meant that I'd rather lose the C&R fee if denied rather than spend a few hundred to find out if I was qualified to obtain it. Just didn't make sense to me to pay an attorny $300+ to tell me, no, you can't get a C&R 03 when I could just apply & get denied for much less. Of course I'd be spending on an attorney to acquire relief & appeal, etc..

 

[LoginName]

Of course I did & I contacted Darius to get consultation.

I also reviewed GCA 1968 in it's entirety & under section 925, I may file for relief from disabilities.

Nope, sorry...

Congress has refused to fund that since 92.

A7) How can a person apply for relief from Federal firearms disabilities? [Back]

Under the provisions of the Gun Control Act of 1968 (GCA), convicted felons and certain other persons are prohibited from possessing or receiving firearms. The GCA provides the Attorney General with the authority to grant relief from this disability where the Attorney General determines that the person is not likely to act in a manner dangerous to the public safety and granting relief would not be contrary to the public interest. The Attorney General delegated this authority to ATF.

Since October 1992, however, ATF's annual appropriation has prohibited the expending of any funds to investigate or act upon applications for relief from Federal firearms disabilities submitted by individuals. As long as this provision is included in current ATF appropriations, the Bureau cannot act upon applications for relief from Federal firearms disabilities submitted by individuals.

[18 U.S.C. 922(g), 922(n) and 925(c)]

You could always apply for a Presidential pardon...

(A8) Are there any alternatives for relief from firearms disabilities? [Back]

A person is not considered convicted for Gun Control Act purposes if he has been pardoned, had his civil rights restored, or the conviction was expunged or set aside, unless the pardon, expungement, or restoration expressly provides the person may not ship, transport, possess, or receive firearms.

Persons convicted of a Federal offense may apply for a Presidential pardon. 28 CFR 1.1-1.10 specify the rules governing petitions for obtaining Presidential pardons. You may contact the Pardon Attorney's Office at the U.S. Department of Justice, 500 First Street, N.W., Washington, DC 20530, to inquire about the procedures for obtaining a Presidential pardon.

Persons convicted of a State offense may contact the State Attorney General's Office within the State in which they reside and the State of their conviction for information concerning any alternatives that may be available, such as pardons and civil rights restoration.

[18 U.S.C. 921(a)(20) and (a)(33)]

 

[drgrant]

While this is true that relief from disabilities is canned on the
federal end, that would only be a buzz-kill in terms of a FEDERAL
level felony, not a state one.

EG, if this guy has felonies in a given state, and he gets expungment or
a pardon from that state, then he is no longer a prohibited person because
the "offense" which caused the disability now legally ceases to exist. The
feds cannot then claim the person is prohibited, because legally speaking,
the crime never happened.

Now, on the other hand, if he was convicted in federal court (ala tom
finneran) the only way he could apply for disability is through federal
means, which typically means asking the president for a pardon. (Good luck with
that one.)

At least that's what I've been told. This prohibited person business
is complicated enough, though, that one should always seek professional
counsel.


-Mike

 

[AntiqueWeapons.org]

Nope, sorry...

Congress has refused to fund that since 92.



You could always apply for a Presidential pardon...

Hmm.. I wonder.. should I ask George for a pardon, or wait for Hillary


I've been doing alot of reading on much of this & seems to be so much conflict.

I began wondering, what the hell happened to the right to bear arms & began researching on it & I found this.
http://www.constitution.org/mil/rkba1982.htm It details much about the 2nd amendment & cases, etc & some history of particular statute as well as GCA 1968 & and here's something interesting, that the BATF primarily devotes enforcement efforts to apprehension of those who lack criminal intent .

Well, guess I'm stuck with having to be satisfied with only flintlocks & percussion cap & ball .

No way I can afford a big fight & I am not going to take any risks that'll put me in a legal bind & f*** up my life.

Don't pardons/expunges/restorations cost a boatload of money?

 

[AntiqueWeapons.org]

While this is true that relief from disabilities is canned on the
federal end, that would only be a buzz-kill in terms of a FEDERAL
level felony, not a state one.

EG, if this guy has felonies in a given state, and he gets expungment or
a pardon from that state, then he is no longer a prohibited person because
the "offense" which caused the disability now legally ceases to exist. The
feds cannot then claim the person is prohibited, because legally speaking,
the crime never happened.

Now, on the other hand, if he was convicted in federal court (ala tom
finneran) the only way he could apply for disability is through federal
means, which typically means asking the president for a pardon. (Good luck with
that one.)

At least that's what I've been told. This prohibited person business
is complicated enough, though, that one should always seek professional
counsel.


-Mike

I don't think the state grants these much. I think they'd likely tell me to take a hike & laugh at me considering, but then if I bring protection of person & property & the 2nd amendment, seems they've found a way around this to continue denying me those rights based on circumstances.


The way I see it, all these gun laws are prohibiting people with lawful intent & purpose.
If a person with criminal intent wants a gun, they're going to go via illegal channels to acquire one & they're certainly not going to apply for licenses, permits, etc, so these laws, in my opinion, only make people with lawful intent & purpose suffer.

I am so aggravated by all of this & it's put a big dent in my plans & goals as far as hunting, sport shooting & collecting goes. How do they expect me to protect my person & property with black powder cap & ball?

 

[drgrant]

I don't think the state grants these much. I think they'd likely tell me to take a hike & laugh at me considering, but then if I bring protection of person & property & the 2nd amendment, seems they've found a way around this to continue denying me those rights based on circumstances.

IIRC, if the offenses were in MA, MA doesn't "do" expungements at
all. I think you can only get a governors pardon in MA. If it was
NH, then as MarkM described there is a mechanism for clearing yourself
after 5 years.

WRT the whole 2nd amendment thing, I know what you're saying. Abuse
of the 2nd amendment is rampant in this country. The politicos that
made these laws have very little respect for the constitution.

The way I see it, all these gun laws are prohibiting people with lawful intent & purpose. If a person with criminal intent wants a gun, they're going to go
via illegal channels to acquire one & they're certainly not going to apply for licenses, permits, etc, so these laws, in my opinion, only make people with lawful intent & purpose suffer.

I agree with you. I think things like "prohibited person" and the lautenberg
amendment are a crock of BS. The problem is due to political inertia
they're not going away anytime soon. It would be better, though, if
the feds would fund a tribunal or something to allow people to restore
voting and gun rights. That would be a lot more "fair" than the system
we currently have.

I am so aggravated by all of this & it's put a big dent in my plans & goals as far as hunting, sport shooting & collecting goes. How do they expect me to protect my person & property with black powder cap & ball?

Don't take it as a death sentence. I'd still see a lawyer if I was in your
shoes, one that is versed in firearms law and criminal defense. There
may be things we're missing here, and other avenues of approach to your
situation.

-Mike