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Thread: Need some Help from people who LIVE IN NH!

  1. #1
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    I think i posted something like this in the forums a while back. Anyway as most of us know the state passed RSA 159:26

    159:26 Firearms and Ammunition; Authority of the State. –
    I. To the extent consistent with federal law, the state of New Hampshire shall have authority and jurisdiction over the sale, purchase, ownership, use, possession, transportation, licensing, permitting, taxation, or other matter pertaining to firearms, firearms components, ammunition, or firearms supplies in the state. Except as otherwise specifically provided by statute, no ordinance or regulation of a political subdivision may regulate the sale, purchase, ownership, use, possession, transportation, licensing, permitting, taxation, or other matter pertaining to firearms, firearms components, ammunition, or firearms supplies in the state. Nothing in this section shall be construed as affecting a political subdivision's right to adopt zoning ordinances for the purpose of regulating firearms businesses in the same manner as other businesses or to take any action allowed under RSA 207:59.
    II. Upon the effective date of this section, all municipal ordinances and regulations not authorized under paragraph I relative to the sale, purchase, ownership, use, possession, transportation, licensing, permitting, taxation, or other matter pertaining to firearms, firearm components, ammunition, or firearms supplies shall be null and void. Source. 2003, 283:2, eff. July 18, 2003.


    So i called the city again today ( Claremont,NH) Spoke to someone one and she said she only interpenetrates the city code for business and one other things. She then asked what i wanted to know and said she would try and help. I asked her about city code


    Sec. 9-3. Weapons in public buildings--Prohibited acts. (a)No person shall knowingly carry a loaded or unloaded pistol, revolver, or firearm or any other deadly weapon as defined in RSA 625:11, V, whether open or concealed or whether licensed or unlicensed, upon his or her person or within any possessions owned or within the control of such person in a building owned or controlled by the city. Whoever violates this section shall be guilty of a violation and subject to a penalty of one thousand dollars ($1,000.00). (b)The chief of police of the city, or his designee, may issue a letter of permission to any individual or organized groups, for good cause shown, allowing the carrying of firearms in city buildings for a specific purpose identified in said letter. Such permission shall expire at a time certain to be included in said letter of permission. (c)Law enforcement officers of the city and state shall be exempt from the provisions of this section. Gun clubs utilizing the firing range at the junior sports league facility shall be exempt from this provision. (Ord. No. 394, 8-12-98)

    She said that i am right on that. That the state changed the laws with RSA: 159:26 and that code was no longer good. She then went on to say something i also already knew. That being that you can not carry in city hall because the court house is in the same building. She then went on to say that their is some state law about carrying in school zones and schools. I have not been able to find that RSA maybe someone can help with that. I know you cant carry in schools or school zones anyways because of federal law. I then went on to ask about another city code. Parks and retraction Sec 12-67 Disorderly Conductc)No person, except peace officers or other law enforcement officers, shall have or carry any pistol, switchblade, hunting knife, slingshot, dagger, metal knuckles or other dangerous weapons concealed on or about his person while in the park. She is trying to tell me that city code does not fall under RSA 159:26 and may still be good. I"m really sick of this crap the state and city's pass codes and laws then when people want to know what the HELL THEY MEAN. It's um sorry we can not tell you. She told me i would have to contact a lawyer and ask him and or have him call the city. Or she said i can set up a meeting with the city manager and sit down and talk to him about. As i do not have the thousands need to get a lawyer. I'M going to do with the meeting thing. I would like some other people to maybe come with me?



  2. #2
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    I'm not a lawyer, but it's going to take someone getting arrested for carrying in the park and then challenging the arrest in court because the town ordinance is not lawful (and then a lawsuit for the police officer arresting you when he knows about RSA 159.26). We need to get a bunch of people to have an open carry barbeque up there. I'd be in for something like that.

    I don't know of a state law concerning schools, but there is a federal law, not allowing someone knowingly possessing a firearmwithin 1000 feet of a school.

    I know that the AG's office has stated in the past that they would not prosecute disorderly conduct cases for openly carrying firearms. We have a new AG, I don't know how that works, probably would be wise to call their office and find out.

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    Yeah i know. The only place by state law that we can not carry is in court houses. So i have no idea what the hell she is talking about. I'M just sick of being a tax payer( to my city as well as to the state) then when you want to ask about a law/city code they put into effect. It's um well it's not our job/we cant/don't want to interpret the law for you. So you can know if your in the right or not. It's just so wrong to me to have the test the laws out by doing something that will land me in jail. Or have to go out and hire a lawyer just to find out what the hell a law means. As for the BBQ i had tried to do that before but i could not think of a place to hold it around here. I was going to hold it at a park like people do around the state. But I'm not sure how it would go over and i would hate to have people end up in jail.

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    Don't forget about interogation rooms.

    I doubt people would end up in jail. The police in claremont know that the town ordinance isn't lawful, so I very much doubt they would arrest anyone. There would be multiple video camerastherewhich would help as well. I've heard of people posting about a BBQ in claremont before, but no one has taken the reigns and actually made a date. I've also heard people talking about one in Nashua at greely park, though no one has actually done it yet. I would show up at both.


    It's one of those things that is going to have to be challenged either by breaking the unlawful law and carrying. If they don't enforce it, good, if they try to, it gets challenged and shut down.

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    Yeah i never set a date for just that reason i was unsure of a place to hold it in town. We need to do something around this side of the state. Most of the gun rights work is done down by the sea cost and in the bigger city's. We need some more up here some is done down in Keene but none up here.

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    NewHampshireNative wrote:
    She then went on to say something i also already knew. That being that you can not carry in city hall because the court house is in the same building.
    She is not entirely correct on that point, depending on the lay of the building. RSA 159:19 only prohibits carry "in a courtroom or area used by a court."

    The city offices themselves, even if located in the same building as a court, cannot possibly be an "area used by a court," since by definition the offices are an area used by the city, otherwise they wouldn't be city offices.

    The problem comes about if the court and the city offices do not have separate entrances. If the only way to get to the court is through a common lobby, then the lobby could be considered an "area used by the court."

    There is no state school zone gun ban in New Hampshire, and as to the Federal ban, see 922(q)(2)(B)(ii), however the issue is potentially nettlesome because of the precise wording of RSA 159:6, and one is advised to avoid being the test case.

    Gun Owners of New Hampshire publishes a synopsis of New Hampshire and Federal gun law, you can download it here: http://www.gonh.org/new_hampshire_information

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    159:19 Courthouse Security. –
    I. No person shall knowingly carry a loaded or unloaded pistol, revolver, or firearm or any other deadly weapon as defined in RSA 625:11, V, whether open or concealed or whether licensed or unlicensed, upon the person or within any of the person's possessions owned or within the person's control in a courtroom or area used by a court. Whoever violates the provisions of this paragraph shall be guilty of a class B felony.
    II. Firearms may be secured at the entrance to a courthouse by courthouse security personnel.
    III. For purposes of paragraph I, ""area used by a court'' means:
    (a) In a building dedicated exclusively to court use, the entire building exclusive of the area between the entrance and the courthouse security.
    (b) In any other building which includes a court facility, courtrooms, jury assembly rooms, deliberation rooms, conference and interview rooms, the judge's chambers, other court staff facilities, holding facilities, and corridors, stairways, waiting areas, and elevators directly connecting these rooms and facilities.
    IV. The provisions of this section shall not apply to marshals, sheriffs, deputy sheriffs, police or other duly appointed or elected law enforcement officers, bailiffs and court security officers, or persons with prior authorization of the court for the purpose of introducing weapons into evidence and as otherwise provided for in RSA 159:5.
    V. It shall be an affirmative defense to any prosecution under paragraph I that there was no notice of the provisions of paragraph I posted in a conspicuous place at each public entrance to the court building.

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    doobie wrote:
    159:19 Courthouse Security. –

    III. For purposes of paragraph I, ""area used by a court'' means:
    (a) In a building dedicated exclusively to court use, the entire building exclusive of the area between the entrance and the courthouse security.
    (b) In any other building which includes a court facility, courtrooms, jury assembly rooms, deliberation rooms, conference and interview rooms, the judge's chambers, other court staff facilities, holding facilities, and corridors, stairways, waiting areas, and elevators directly connecting these rooms and facilities.
    Right - if a building is entirely used by a court, firearms are permitted only between the entrance and the security checkpoint.

    In any other building that is not entirely used by a court, firearms are only prohibited in courtrooms, jury assembly rooms, deliberation rooms, conference & interview rooms, judges' chambers, court staff facilities, holding facilities, and any areas directly connecting these rooms and facilities.

    NOT prohibited in city hall offices which share a building with a court facility, nor in a corridor which does not directly connect two or more court areas.

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    mvpel wrote:
    doobie wrote:
    159:19 Courthouse Security. –

    III. For purposes of paragraph I, ""area used by a court'' means:
    (a) In a building dedicated exclusively to court use, the entire building exclusive of the area between the entrance and the courthouse security.
    (b) In any other building which includes a court facility, courtrooms, jury assembly rooms, deliberation rooms, conference and interview rooms, the judge's chambers, other court staff facilities, holding facilities, and corridors, stairways, waiting areas, and elevators directly connecting these rooms and facilities.
    Right - if a building is entirely used by a court, firearms are permitted only between the entrance and the security checkpoint.

    In any other building that is not entirely used by a court, firearms are only prohibited in courtrooms, jury assembly rooms, deliberation rooms, conference & interview rooms, judges' chambers, court staff facilities, holding facilities, and any areas directly connecting these rooms and facilities.

    NOT prohibited in city hall offices which share a building with a court facility, nor in a corridor which does not directly connect two or more court areas.
    The way it's set up is as follows. Front of city with a few parking spaces then a entrance for city hall offices as well as the Claremont opera house then a hallway that leads to other city offices such as the town clerk and welfair. Then along the side of the building is another entrance. When you walk in you can go into the police department or can can to the town clerk and city welfair. In the same entrance way hallway is a stair case and a elevator that leads to the second floor where the court system is(Family,Crim and so on). I hear what you are saying but i can ot afford to be the test case in my town. People in power who think they are right even when they wrong don't think they just act.


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    Even if you don't want to be a "test" case, you can still refrain from spreading the rumor that it's illegal to carry in the Claremont city hall.

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    What the hell are you talking about? I my self never said it was illegal to carry in city hall. If you bothered to read all the posts you would see that's what I was told by city workers and asked if this was true. I never at anytime said it was illegal to carry into city hall. I said when asked if I could do so I was told no by "CITY HALL" workers because they said you cant carry in court buildings. If you would like to be the test case I'M all for it give me a date and i will gladly watch you be the first to attempt to do so. If it's indeed ok to do so as everyone has posted to it being you should have no trouble at all. But on the off chance the people in power think otherwise and arrest/detain you I would rather it be you then me.

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    On the same note the city updated the city website and added in the park rules.

    Please abide by the following rules while using the City Parks:
    • Drinking alcoholic liquors or beverages (including beer) in a city park is prohibited.
    • Please do not cut, injure, deface, remove, or disturb any tree, shrub, fence, building, bench or other structures.
    • Please do not make or kindle an open fire, except in picnic stoves or fireplaces provided.
    • It is unacceptable for individuals to use abusive, profane or indecent language that annoy others.
    • Individuals violating the above will be asked to leave the park.
    • If a violator is being disobedient to this rule, they face being charged for violation of this park rule.
    • Use of firearms or any form of weapon in a city park is prohibited.
    • Please do not use the City parks for private entertainment/shows.
      • These requests must have permission from the Parks & Recreation Department.
      • Facility request forms are available at the Parks & Recreation Office.
    • It is prohibited to use off road vehicles such as Motorcycles and ATV's for recreational purposes or transportation in city parks. Violators will be prosecuted.
    • Please help keep our parks clean. Place all garbage in designated receptacles.
    • Pet waste transmits disease in humans, especially children. Leash,curb, and clean up after your pet.
    So they don't seem to understand RSA 159:26. When i try to talk to them about it they will not return calls. When I am able to get someone on the phone they tell me I will be arrested if i try and carry a firearm in the park. What should I do? I"m new to this whole fighting the power thing and I'm not sure where i should go/who i should talk to? After reading the rule again it seems that the rule talks about using a fire arm in the park. Nothing about carrying.

  13. #13
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    you just have to be the test case, get arrested and then sue the city.

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    NewHampshireNative wrote:
    • Use of firearms or any form of weapon in a city park is prohibited.
    So they don't seem to understand RSA 159:26.
    Nor plain English, apparently. "Use" is not synonymous with "possession".

    This is pretty slam dunk if you want to spend the time to be a test case. It won't cost any significant amount of money; you don't even need a lawyer. Although, it would be a good idea to call Penny Dean and let her know what's going on. She might blast them with a legal letter that would get them to reverse, at no cost to you, so that you don't even have to challenge the law directly.


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    IMO, I think you should address this matter with the Attorney General, and ask that this matter be addressed. It is the job of the AG to see that state laws are properly followed. So craft a polite letter to that office and see what happens.

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