RSA 207:7

[soloman02]

This is not a question about what defines a loaded rifle. The question at hand is what is the penalty if this law is violated? The law itself makes no mention of what happens if you are found to be in violation of the loaded rifle portion. I have not found official documentation on what the penalty is for violating section II or III of this law. Does anyone know what it is and has proof (a link to a nh gov site, a picture of the ticket you received if you did violate it, etc)?

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.

 

[Duece]

Beyond this, it really doesn't lay out any penalties specifically aimed at 207:7

207:46 Penalties. –
I. Any person who violates a provision of this chapter, or any rule or regulation of the executive director, shall be guilty of a violation, except where otherwise provided, and an additional violation for each fish, bird or animal, or part thereof bought, sold, offered for sale or transported contrary to the provisions thereof.
II. Any person who violates the provisions of RSA 207:4 shall be guilty of a misdemeanor and shall forfeit such firearms and silencing devices.
III. Any person convicted of setting or having under his control a set gun as prohibited by RSA 207:10 shall be guilty of a misdemeanor.
Source. 1935, 124:1. 1937, 188:8. RL 241:45. 1947, 69:2. RSA 207:46. 1959, 32:2. 1973, 528:117. 1981, 8:1, eff. May 10, 1981.

CHAPTER 207 GENERAL PROVISIONS AS TO FISH AND GAME

 

[mikem317]

IV. The provisions of this section shall not apply to law enforcement officers carrying guns in the line of duty.

More equal.

 

[Kevin_NH]

Section 207:7-b defines the penalty:

Penalty. – Any person who violates a provision of RSA 207:7 shall be guilty of a violation and shall be guilty of an additional violation for each wild bird or animal taken or possessed contrary to said provision.

The definition of "guilty of a violation" is elsewhere, includes loss of hunting license and a fine?

 

[Racenet]

I'm only personally aware of two cases where someone was charged under this RSA and they lost their hunting license for 3 years. Did not receive any fines.

 

[soloman02]

I'm only personally aware of two cases where someone was charged under this RSA and they lost their hunting license for 3 years. Did not receive any fines.

What if someone has no hunting license? They ban you from obtaining one for 3 years? That's not much of a "penalty" if said person doesn't want or care for a hunting license.

 

[Racenet]

No idea. Both cases I know of each had a current hunting license. Most do up north.

 

[Kevlar]

Section 207:7-b defines the penalty

+1

The definition of "guilty of a violation" is elsewhere, includes loss of hunting license and a fine?

Correct, a "violation" is a non-criminal offense with a maximum penalty of $1000 fine.

SEE: RSAs 625:9 and 651:2

 

[Kaldone]

Don't forget, it also states you would forfeit the rifle, if I am reading it correctly. To me that's worse than the fine if it be permanent. Especially a rifle with a lot of work into it.

 

[soloman02]

Don't forget, it also states you would forfeit the rifle, if I am reading it correctly. To me that's worse than the fine if it be permanent. Especially a rifle with a lot of work into it.

That's not how I'm reading it. I only see that you forfeit the firearm if you violate 207:4 and 207:10.

CHAPTER 207 GENERAL PROVISIONS AS TO FISH AND GAME

Where are you seeing this language?

 

[Kaldone]

That's not how I'm reading it. I only see that you forfeit the firearm if you violate 207:4 and 207:10.

CHAPTER 207 GENERAL PROVISIONS AS TO FISH AND GAME

Where are you seeing this language?

Apparently in the confines of my own mind....

They put me on the early shift today. I will use lack of sleep as my excuse. If you don't call me out on it, you
have first pick of the Kaldone "Not a good prize" . Which includes such rewards as hearing me sing songs from Barney and sesame street for an hour without stopping.

 

[soloman02]

Apparently in the confines of my own mind....

They put me on the early shift today. I will use lack of sleep as my excuse. If you don't call me out on it, you
have first pick of the Kaldone "Not a good prize" . Which includes such rewards as hearing me sing songs from Barney and sesame street for an hour without stopping.

Nah no need for calling out. I was curious where you saw it cause I wasn't seeing it and as we have found out the penalty for RSA 207:7 isn't actually listed in RSA 207, it is in RSA 651:2. So for all I know you could have found it listed somewhere else. At least NH laws a relatively easy to read, even if they hide things sometimes.

 

[Mr Weebles]

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.

You have to be real careful with this section. Let's say you're out hunting and head back to your truck. You get to your truck with your rifle slung on your shoulder and a warden pulls up and asks to check your hunting license. You say "no problem" and put the gun on your tailgate or lean it on your tire so you can get your license out of your pack.

What? The rifle is loaded?

Bam ... you just got yourself a ticket. I know two guys who go violations for this very offense. They didn't lose their guns but they got fined.

 

[mikem317]

You have to be real careful with this section. Let's say you're out hunting and head back to your truck. You get to your truck with your rifle slung on your shoulder and a warden pulls up and asks to check your hunting license. You say "no problem" and put the gun on your tailgate or lean it on your tire so you can get your license out of your pack.

What? The rifle is loaded?

Bam ... you just got yourself a ticket. I know two guys who go violations for this very offense. They didn't lose their guns but they got fined.

Wow, I never thought about the "on" part of that law. So I guess if you do lean a loaded rifle against your tire while you're packing up, you could be in hot water. Obviously the law should be changed.

In fact, there was a move last legislative section to allow rifles with a loaded magazine "in or on" a MV, etc. but not a chambered round. I think it died.

 

[Racenet]

You have to be real careful with this section. Let's say you're out hunting and head back to your truck. You get to your truck with your rifle slung on your shoulder and a warden pulls up and asks to check your hunting license. You say "no problem" and put the gun on your tailgate or lean it on your tire so you can get your license out of your pack.

What? The rifle is loaded?

Bam ... you just got yourself a ticket. I know two guys who go violations for this very offense. They didn't lose their guns but they got fined.

This is what happened in both cases I know of. It really sucks.

 

[Mr Weebles]

Wow, I never thought about the "on" part of that law. So I guess if you do lean a loaded rifle against your tire while you're packing up, you could be in hot water. Obviously the law should be changed.

In fact, there was a move last legislative section to allow rifles with a loaded magazine "in or on" a MV, etc. but not a chambered round. I think it died.

Yup, if the gun touches the vehicle, you could get a ticket. I think the warden would have to be a total dick to write you one but it has happened.

I've just gotten into the habit of unloading my rifle before I get to my truck. Safer that way.

 

[Jude Thaddeus]

Soloman, just do up an AR pistol. No such problems there. I'm seriously considering it.

 

[soloman02]

Soloman, just do up an AR pistol. No such problems there. I'm seriously considering it.

Actually, I (or anyone else) can get around the law with an SBR. NH considers any firearm with a barrel under 16" to be a pistol and therefore covered under the Pistol and Revolver license).

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.

Unless there is conflicting language elsewhere in the RSA's, I think an SBR is GTG.