Gun laws in New Hampshire
Gun laws in New Hampshire regulate the sale, possession, and use of firearms and ammunition in the state of New Hampshire in the United States.[1][2][3]
Summary table
| Subject/Law | Long guns | Handguns | Relevant statutes | Notes |
|---|---|---|---|---|
| State Permit to Purchase? | No | No | NHRS XII §159:14 | |
| Firearm registration? | No | No | ||
| Assault weapon law? | No | No | ||
| Magazine Capacity Restriction? | No | No | ||
| Owner license required? | No | No | ||
| Carry License issued? | No | Yes | NHRS XII §159:6 | License is shall-issue. |
| Open carry? | Yes | Yes | NHRS XII §159:6 NHRS XVIII §207:7 | Handgun open carry without license except in a motor vehicle. Loaded long guns prohibited from motor vehicles. |
| State Preemption of local restrictions? | Yes | Yes | NHRS XII §159:26 | Includes knives. |
| NFA weapons restricted? | No | No | ||
| Peaceable Journey laws? | No | No | ||
| Background checks required for private sales? | No | No |
Concealed and open carry
Although New Hampshire is a statutory "Shall-issue state" for a license to carry a concealed handgun, due to the "suitable person" language in NHRS XII §159:6 it is in reality a de facto "may-issue" state. There is no definition of "suitable person" in New Hampshire law. A series of court cases beginning in 2007 with Bleiler v. Chief, Dover Police have been used to define what a suitable person is.[4][5][6] Because there is no statutory definition, the court can interpret the phrase "suitable person" however they wish and have been slowly expanding the number of individuals who are not considered a "suitable person." Some police chiefs have been following this expanded definition of suitable person. However many other chiefs adhere to the notion that only those who are prohibited from possessing a firearm under NH or federal law are not "suitable persons."
The act of open carrying of firearms by non-felons is generally permissible.[7]
No license is required to openly carry a firearm while on foot, but carry of a loaded pistol or revolver in a motor vehicle, openly or concealed, does require a license.
Note that the NH license is issued for carry of a "pistol or revolver," and is not a license to carry "weapons" as exists in some other states. The NH license is issued by the local mayor, selectmen, or police dept at a cost of $10 for residents, and by the NH State Police at a cost of $100 for non-residents (changed from $20 on July 1, 2009). The term of issue of the license is four years for non-residents, and at least four years for residents.[8] Turn around time is generally 1 – 2 weeks, with 14 days being the maximum time allowed by law.[9]
New Hampshire has no laws restricting the age at which a person may possess and carry firearms.[10][11][12]
On June 2, 2016, the New Hampshire Supreme Court, in Bach v. New Hampshire Dept. of Safety, No. 2014–0721, 2016 WL 3086130, threw out a rule imposed by concealed carry permit issuing authorities that had required non-residents to have a permit to carry issued by the state in which they resided. The basis for invalidating such rule was that it denied a New Hampshire non-resident permit to residents of States that are effectively "non-issue", such as New Jersey, Hawaii, and others.
References
- ↑ "State Gun Laws: New Hampshire", National Rifle Association – Institute for Legislative Action. Retrieved August 22, 2012.
- ↑ "New Hampshire State Law Summary", Law Center to Prevent Gun Violence. Retrieved August 22, 2012.
- ↑ "New Hampshire Statues – Chapter 159: Pistols and Revolvers". Gencourt.us. Retrieved August 22, 2012.
- ↑ BLEILER v. CHIEF, DOVER POLICE
- ↑ GARAND v. TOWN OF EXETER
- ↑ Doyon v. Hooksett Police Department
- ↑ Pro-Gun New Hampshire - Frequently Asked Questions about NH Gun Laws
- ↑ "New Hampshire State Police – Pistol and Revolver Licensing". Nh.gov. July 1, 2009. Retrieved November 23, 2011.
- ↑ "New Hampshire State Police – Permits and Licensing FAQs". Nh.gov. Retrieved November 23, 2011.
- ↑ "OCDO – NH State Summary". Opencarry.org. Retrieved November 23, 2011.
- ↑ "NH State Summary – Minimum Age to Purchase or Possess". LCAV. Retrieved November 23, 2011.
- ↑ "New Hampshire Statutes – Chapter 159: Pistols and Revolvers". Gencourt.state.nh.us. Retrieved November 23, 2011.