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Thread: Long Gun OC in NH

  1. #1
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    I've been OCing my handgun here in CA - which some of you may know is sort of a big deal, since CA doesn't have any constitutional affirmation of that right.

    However, the Omaha mall shooting makes me wonder just how much use my .40 Glock is gonna be. I imagine it might be a little like showing up to a sword fight with a pocket knife. The solution? Show up with equal firepower!

    This is not practical in CA. Not only are most long guns illegal; long guns are NEVER seen in the city and would almost certainly end badly for the OCer. However, I will be in NH soon (probably no later than March 1). Once I get to NH, I'm interested in OCing a long gun from time to time. Not only would I be safer, I think it would be a great way to remind people that handguns aren't the only self-defense tools.

    Since I've seen others on this forum suggest carrying at 'low ready' I think I should make it clear this would not be my intent. I would probably carry muzzle-down slung across my back.

    Are there any legal prohibitions or restrictions regarding the carry of long guns? Also, I'm curious if NH has magazine capacity laws (here in CA I think the limit is 10 rounds on long guns, as it is on handguns).
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  2. #2
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    There is no magazine restriction on carrying a long gun in general, although there is one regarding how many rounds you can carry while actively engaged in hunting.

    207:3 Lawful Methods of Taking. –
    I. Wildlife shall be taken in the daytime between 1/2 hour before sunrise and 1/2 hour after sunset with a gun fired at arm's length or bow and arrow, unless otherwise specifically permitted.
    II. A full automatic rifle shall not be used at any time nor shall a semi-automatic rifle be used to which is attached a magazine or clip holding more than 5 cartridges, nor shall a full jacketed metal case bullet be used, either in its original form or any alteration thereof.
    III. Paragraph II shall not apply to the use of .22 or smaller caliber rimfire firearms.

    ^^-- Interestingly, you can lawfully hunt with a fully-automatic .22 in our state if you read that law closely. 55 rounds in bambiwill surely shutit down. This of course would have to beregistered federally and I am not sure if there are any transferrable .22's out there. :celebrate

    OC of a long gun in generalis legal. You cannot have a long gun loaded in a vehicle though, under any circumstance:

    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.










  3. #3
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    Highline is correct. As a general rule, long gun OC runs afoul of rules designed to prevent poaching and other hunting-related activities.

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    I would be very specific with how you carry it while in public. In your hand at the "low ready" I would suggest is a very bad (and possibly illegal) idea. This could result in a disorderly conduct charge I do believe. Possibly even "administrative carry" could be viewed as inappropriate

    If I were called to a report of an individual carry a long gun in one of the above manners, dependant on the situation, I would consider making an arrest. This could be compared to holding a handgun in ones hand walking down the street. I realize the Consitution allows one to "bear arms" but the method of carrying can say a great deal about intent and can easily be the difference between threatening behavior and not.

    If you were walking down the street and your long gun was slung over your shoulder, the police may be called but in my opinion you would have nothing to worry about. This, I would argue, is the only lawful way to OC a long gun in public.

    DISCLAIMER: I am not a lawyer. This is just my personal opinion.

    :celebrate

  5. #5
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    Thank you for the info Highline.

    I wonder if NH has some case law defining what 207:7 might mean by "magazine or clip attached to the gun." We have similar wording to a statute in CA, which the courts have further defined as meaning "attached in a firing position." The decision stemmed from the arrest of a man who had shells stored in the buttstock compartment of his shotgun. The reason this might be significant is because I would imagine carrying with a loaded magazine attached to the gun, but not in a firing position.

    The ever-popular picture of girls getting ice cream illustrates both how I would OC a long gun and how I would attach the mag to the gun.
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    CA_Libertarian wrote:
    Thank you for the info Highline.

    I wonder if NH has some case law defining what 207:7 might mean by "magazine or clip attached to the gun." We have similar wording to a statute in CA, which the courts have further defined as meaning "attached in a firing position." The decision stemmed from the arrest of a man who had shells stored in the buttstock compartment of his shotgun. The reason this might be significant is because I would imagine carrying with a loaded magazine attached to the gun, but not in a firing position.

    The ever-popular picture of girls getting ice cream illustrates both how I would OC a long gun and how I would attach the mag to the gun.
    My interpertation that I would use on the side of the road is a magazine being inserted in the firearm which would only require a simple chambering of the round to be made ready to fire.

    The law is in the fish and game section of the NH code so its intent is hunting related. However, it clearly applies to non-hunting situations. The penalty for violating the specific law is a civil one. A fine only.

    I don't see any problem with walking around in public with the firearm locked and loaded being carried in the manner that those girls are carrying.

    The girl on the far right hotttt! She single? Hehe........

  7. #7
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    Highline wrote:
    The law is in the fish and game section of the NH code so its intent is hunting related. However, it clearly applies to non-hunting situations.
    I'm not sure the statute was intended to apply to non-hunting situations, but I understand how it is being misinterpreted as such. Maybe this is something I'll put on my list of things to fix when I get to NH.

    The penalty for violating the specific law is a civil one. A fine only.
    Any idea how much that fine is, or where I could look it up? Might be worth it...
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  8. #8
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    Good question (as to how much the fine is).

    I am reading the code myself to try to find out:

    http://www.gencourt.state.nh.us/rsa/...07/207-mrg.htm

    Section 207:3 (ammo limit while hunting) doesn't specify a penalty or whether it is a violation or a misdemeanor.

    Section 207:7 gives a little more info:

    "207:7-b 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."



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    CA_Libertarian wrote:
    Any idea how much that fine is, or where I could look it up? Might be worth it...

    Never say a cop didn't do anything for ya K?

    http://www.wildlife.state.nh.us/Insi...h_and_game.htm


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