Refreshing Phone Call with the NH State Police.

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dcmdon

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So I found myself making an unplanned trip into NH last weekwhile carrying. I wanted to make sure I was complying with the law, so I called the state police and asked to speak with the shift commander.

I explained to him that I had a MA LTC and was carrying a loaded handgun and would be heading into NH and asked what I should to to make sure I stayed legal. He suggested that I open carry since it would allow me to defend myself and still stay in full compliance with the law.

Astonished, I told him I had a ruger LCP with only a pocket holster and that I was more concerned with remaining legal while driving. He suggested I unload it and put it in the trunk then offered that once I got out, I should feel free to put the unloaded gun in my pocket and the loaded mag in my other pocket.

Wow.
 
That is amazing that he suggested carrying it that way, because this is the first time I have ever read about carrying that way since it is still technically carrying concealed even if it is unloaded. Most suggest unloading it and putting it in the trunk. I wonder if you hypothetically got jammed up by another Leo if he would back you up if they felt that you were not within their interpretation of the law?
 
That is interesting because I always found the wording of the law kind of confusing

Section 159:4 Carrying Without License.

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. Whoever violates the provisions of this section shall, for the first such offense, be guilty of a misdemeanor. For the second and for each subsequent violation of the provisions of this section, such person shall be guilty of a class B felony, provided such second or subsequent violation has occurred within 7 years of the previous conviction

I think it is suppose to mean that those must be somehow installed in or attached to the firearm, but it doesn't actually read that way. One could hypothetically run into a situation in which someone is over zealously charged with a violation for having a firearm, and a loaded magazine concealed, though separate.

Fortunately, if that were the case, and if you were convicted, it is only a misdemeanor.

I think that is highly unlikely however, just food for thought.
 
Just get a NH concealed carry permit. It is really easy and arrives in no time.
 
Not sure how often you're in NH, but a Non-resident LTC costs $100 for 4 years and is as simple as filling out a form with a copy of your MA LTC and sending it to them along with a check. Got mine in 4 weeks, no muss no fuss.


Edit: Bison beat me to it.
 
Just get a NH concealed carry permit. It is really easy and arrives in no time.

I know. I had one. I got pissed when they raised the price from $25ish to $100.

- - - Updated - - -

Glad this story had a happy ending, but when will people learn not to take legal advice from LEO's??

I don't. But in my book, checking with a LEO, getting his name and shield number is a perfect affirmative defense if anything ever comes of it. If the cop was wrong and you can show that you exercised good judgement by calling the cops to check, then you have your butt well covered.


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

How is this vague? Loaded pistol is a pistol with either a round in the chamber, a mag in the gun or both. A loaded pistol is not an empty pistol with a loaded magazine somewhere else on the person.
 
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I don't. But in my book, checking with a LEO, getting his name and shield number is a perfect affirmative defense if anything ever comes of it. If the cop was wrong and you can show that you exercised good judgement by calling the cops to check, then you have your butt well covered.

While I don't think it is necessarily bad to get a documented opinion from a LEO and it MAY help you out of a jamb if another LEO is questioning you it is absolutely NOT an affirmative defense in a court of law. If you are accused of a crime where intent is an element then a written opinion from an attorney would be a defense - an opinion from a LEO means nothing.
 
The law as written does not require a person who is carrying openly to remove the gun from holster, put it into a separate case anywhere let alone in a separate compartment within the car

You are only required to UNLOAD the firearm......otherwise its perfectly legal for the firearm to be in a visible/external holster

Any btw......in NH you have no obligation to inform LEO that you are carrying if stopped
 
That is interesting because I always found the wording of the law kind of confusing

Section 159:4 Carrying Without License.



I think it is suppose to mean that those must be somehow installed in or attached to the firearm, but it doesn't actually read that way. One could hypothetically run into a situation in which someone is over zealously charged with a violation for having a firearm, and a loaded magazine concealed, though separate.

Fortunately, if that were the case, and if you were convicted, it is only a misdemeanor.

I think that is highly unlikely however, just food for thought.

I talked to Evan nappen ( for those who don't know a huge player in firearms law in nh ) he told me that, I could carry without a permit in that same manner. Also, you can carry an unloaded handgun in the car with a magazine locked in the glove box from what I was told. He also stated carrying on a motorcycle visibly no one has ever been charged with carrying concealed without a license. Same goes for ATVs, also a loaded rifle in a car will not earn you jail time but a 100$ fine from fish and game and suspension of a hunting license. You may also carry a concealed rifle( not easily possible) without a concealed " handgun " license.
 
I love the obligatory "have my MA LTC" as if any other state on the planet gives two flying shits about an MA LTC.
 
I talked to Evan nappen ( for those who don't know a huge player in firearms law in nh ) he told me that, I could carry without a permit in that same manner. Also, you can carry an unloaded handgun in the car with a magazine locked in the glove box from what I was told. He also stated carrying on a motorcycle visibly no one has ever been charged with carrying concealed without a license. Same goes for ATVs, also a loaded rifle in a car will not earn you jail time but a 100$ fine from fish and game and suspension of a hunting license. You may also carry a concealed rifle( not easily possible) without a concealed " handgun " license.

So if you have no hunting license, it is just a $100 fine to keep a loaded rifle in the car if they find out? No misdemeanor or anything like that? I have never seen an actual penalty for that RSA, where did you see the penalty for violating the RSA on loaded rifles in vehicles?

Get an SBR and you can carry it concealed under your NH P&R license: Winning!

159:1 Definition. – Pistol or revolver, as used herein, means any firearm with barrel less than 16 inches in length.
 
So if you have no hunting license, it is just a $100 fine to keep a loaded rifle in the car if they find out? No misdemeanor or anything like that? I have never seen an actual penalty for that RSA, where did you see the penalty for violating the RSA on loaded rifles in vehicles?

Get an SBR and you can carry it concealed under your NH P&R license: Winning!

You can carry a " rifle" even SBR without the license from what I was told I asked about class 3 full auto handguns, smgs, grad knife, etc. he said all can be carried legally because there not classified as pistols.
 
Actually, about a dozen or so states honor a valid MA LTC, including Texas!

Handgunlaw.us

I think this has been gone over before and I can't remember for sure, but an MA LTC does not equal a carry permit, and the states listed there recognize other home state carry permits. I wouldn't count on it, as you should never trust a cop to know reciprocity laws.
 
While I don't think it is necessarily bad to get a documented opinion from a LEO and it MAY help you out of a jamb if another LEO is questioning you it is absolutely NOT an affirmative defense in a court of law. If you are accused of a crime where intent is an element then a written opinion from an attorney would be a defense - an opinion from a LEO means nothing.

Not his first time being wrong with firearms legalities here. After a while, I feel like some people should just be left to their interpretation and see what happens. Maybe then they will learn.
 
...I should ... put the unloaded gun in my pocket and the loaded mag in my other pocket.

...in my book, checking with a LEO, getting his name and shield number is a perfect affirmative defense if anything ever comes of it. If the cop was wrong and you can show that you exercised good judgement by calling the cops to check, then you have your butt well covered.

Their own FAQs contradict what you were told, and may put a crimp in your affirmative defense plans...

NHSP FAQs said:
I would like to bring my handgun into New Hampshire, yet I don’t have a license to carry concealed. How may I carry?

  • You may carry unloaded in your vehicle. Be sure that the ammunition is separate from the gun.
  • You may carry loaded on your person. The weapon needs to be fully exposed. For example, it may not be concealed by a shirt or a jacket, or located in a backpack.
  • You may carry unloaded and concealed on your person, so long as you do not possess any ammunition on your person.
  • Please refer to RSA 159 for additional information.

Permits and Licensing FAQs, Support Services - Division of State Police, NH DOS
 
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You really needed to call NHSP to find this out? You can fit most of RSA159 on a piece of 8.5 x 11 paper. Not to mention theres been about oh, 5 threads on this topic this week. [laugh]

BTW, in NH, an MA LTC is about as worth as much as a piece of toilet paper with poop smeared on it, outside of using it to buy ammo at some walmarts and 3 gun shops in NH.

Not to mention, as Kevlar states... the LEO set you up for a TRAP. It would still take a total douche LEO to charge you... but nearly all the unlawful possession cases in NH originate from either loaded car carry w/o a license or from "loaded" concealment without a license.

I would never take gun law advice from any LE authority unless that's part of their "deal". Obviously in CT you've been "spoiled" by the SFLU- which is generally known for giving decent advice. Most states don't have an analog to the SFLU.

Of course if you get the NH P/R license, none of this matters.

-Mike
 
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I love the obligatory "have my MA LTC" as if any other state on the planet gives two flying shits about an MA LTC.

Why do some folks from NH always chime in on here busting MA folks balls about the MA system of LTC? We know the system blows......its not our fault......but some blast in here like NH is totally free......its not! Yes you can exercize your right to bear arms without a piece of paper by open carrying.......UNTIL YOU GET IN YOUR CAR!!! How is that TOTALLY FREE.......and you can't conceal carry without a piece of paper so what's the big deal. Both states have stupid laws.......yes NH is a little better with open carry but there are still laws there that infringe.
 
I love the obligatory "have my MA LTC" as if any other state on the planet gives two flying shits about an MA LTC.

just like no one gives two ****s that you live in NH and threadshit in these threads with legitimate questions.

dude was doing his best to educate himself, and posts like yours don't help. if we're going to pretend we have some kind of ****ing community here, we ought to act a bit more like it.

i have my NH NR for the vehicle thing, otherwise i open carry. %90 of the time i am in NH i am at a gun shop chilling, eating bacon, or petting a dog. usually a combination of all three.
 
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