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Thread: OC Laws?

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    OC Laws?

    Hey guys, im a new firearm owner and have checked into many of the laws of OCing in New Hampshire. But some things dont make sense, can someone explain this a little to me? Basically im asking, lets say if i went to the pizza hut down the street, can I OC or even just going with a walk with my wife? And if the event someone calls the police what would happen. Thanks guys i appreciate the help.


    -Rich
    Last edited by RJG; 09-28-2011 at 03:16 AM.

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    Welcome, Rich!

    The law in NH is pretty simple: a license is required to carry a handgun that is both loaded and concealed, or to carry a loaded handgun in a motor vehicle (concealed or not). (You also can't carry any loaded long gun in a vehicle, period; that's a game & fish law.)

    You can read everything here: http://www.gencourt.state.nh.us/rsa/...OC-XII-159.htm

    RSA 159:4 addresses carrying concealed without a license. There is no law stating that open carry is legal; there is simply no law making it illegal. The only law requiring a license (RSA 159:4) specifies loaded, concealed handguns. Everything else is legal.

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    As for what would happen: not much, even in Manchester. Nashua or Salem might get you a bit of negative attention, but nothing will come of it because you're breaking no law.

    Some advice: buy a decent holster and use it with a decent belt. Tuck your shirt in, so that it doesn't look like you're just flashing your gun. Carry with confidence, as if you have every right to (you do!) These things make it less likely for others to think you're up to no good.

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    First get your Carry License it is quick, easy, and affordable that way you can carry loaded in your car. (before I got my license I would open carry in my car and just drop the mag and chambered round until I got where I was going then load up again. That is a pain in the butt though) Second you can pretty much OC anywhere you want having lived in New Hampshire for two years I OC'd everywhere and had never had any issues with anyone. Even had pleasant conversations with the local LEO's.

    Stay away from inside federal buildings and do not go into a court room with it. I actually went to the local court in Lebanon once to file paperwork, and they let me secure my firearm in the lock box at the metal detector.

    The only thing you have to think of is he 1000' gun free school zone law I personally never had a problem as I never walked by one, but just keep that in the back of your head.

    Happy OC'ing
    "Experience is a wonderful thing. It enables you to recognize a mistake when you make it again"

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    Thanks guys I appreciate it!

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    Quote Originally Posted by Jay View Post
    First get your Carry License it is quick, easy, and affordable that way you can carry loaded in your car. (before I got my license I would open carry in my car and just drop the mag and chambered round until I got where I was going then load up again. That is a pain in the butt though) Second you can pretty much OC anywhere you want having lived in New Hampshire for two years I OC'd everywhere and had never had any issues with anyone. Even had pleasant conversations with the local LEO's.

    Stay away from inside federal buildings and do not go into a court room with it. I actually went to the local court in Lebanon once to file paperwork, and they let me secure my firearm in the lock box at the metal detector.

    The only thing you have to think of is he 1000' gun free school zone law I personally never had a problem as I never walked by one, but just keep that in the back of your head.

    Happy OC'ing
    When it comes to the 1000' Gun Free Zone im a little confused, the school is right around the corner, and i walk past it on a normal basis to get to the corner stores on the next block. The school ison the left side, is it illegal for me to carry walking down the right sidewalk past the school. If not i have to travel a long ways around to get past it.

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    Quote Originally Posted by KBCraig View Post
    As for what would happen: not much, even in Manchester. Nashua or Salem might get you a bit of negative attention, but nothing will come of it because you're breaking no law.

    Some advice: buy a decent holster and use it with a decent belt. Tuck your shirt in, so that it doesn't look like you're just flashing your gun. Carry with confidence, as if you have every right to (you do!) These things make it less likely for others to think you're up to no good.
    I disagree about Nashua. I walked around Nashua (main st. and some other roads) with an AR-15 on a sling in front of myself. No one said a thing to me. The cops even waved to me.

    Don't try to carry in a vehicle in NH without a license. Don't try to cross any border unless it is into VT carrying....unless you have a ME or MA license.
    Last edited by doobie; 09-28-2011 at 04:06 PM.

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    Quote Originally Posted by RJG View Post
    When it comes to the 1000' Gun Free Zone im a little confused, the school is right around the corner, and i walk past it on a normal basis to get to the corner stores on the next block. The school ison the left side, is it illegal for me to carry walking down the right sidewalk past the school. If not i have to travel a long ways around to get past it.
    Do not worry about that. It is a non issue. Just don't walk into the school with your firearm.

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    So i applied for my CCW, Im sure ill be getting the response back soon, my records clean ofcourse. I looked up some more OC laws but didnt find any stating about OCing without a license with a LOADED handgun. In other words can i OC WITHOUT a license carrying a loaded handgun. Just wondering im not gonna bother OCing until my VVW comes in because i bought a Forbus cutsom holster and that wont come in until around the time my CCW should be in. Thanks again guys.

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    Quote Originally Posted by RJG View Post
    I looked up some more OC laws but didnt find any stating about OCing without a license with a LOADED handgun. In other words can i OC WITHOUT a license carrying a loaded handgun.
    Yes.

    The law states what is illegal, not what is legal. Nothing in the law says OC is OK, it only says that it's illegal to carry a concealed loaded handgun without a license. Any other combination is legal.

    http://www.gencourt.state.nh.us/rsa/.../159/159-4.htm

    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.

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    Quote Originally Posted by RJG View Post
    So i applied for my CCW, Im sure ill be getting the response back soon, my records clean ofcourse. I looked up some more OC laws but didnt find any stating about OCing without a license with a LOADED handgun. In other words can i OC WITHOUT a license carrying a loaded handgun. Just wondering im not gonna bother OCing until my VVW comes in because i bought a Forbus cutsom holster and that wont come in until around the time my CCW should be in. Thanks again guys.
    Of course! What the hell good would it do to carry it unloaded? That is just plain stupid to do.
    Last edited by nhsig220; 09-30-2011 at 07:29 AM.

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    So I got my holster in today. brought the gun to the range but...I didnt OC anywhere, Im still a little nervous as to whats going to happen. I want to OC (reason i got the gun for self defense and whatnot) but im afraid that police are going to be called and blah blah. I dont see people EVER OCing so its like i dont want to shock people and bring the attention. I wish I had someone to come OC with me for an hour or 2 so im more compfortable. Hopefully my CCW comes in soon its taking forever.


    By the way. the reason i NEED to OC is because 1. I have a custom 40 dollar side holster and 2. My gun is a cannon its heavy as **** double the weight of a glock, i put it in a shoulder holster to see how it would feel, and its like walking with a rock under my arm.
    Last edited by RJG; 10-01-2011 at 01:46 AM.

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    Quote Originally Posted by RJG View Post
    When it comes to the 1000' Gun Free Zone im a little confused, the school is right around the corner, and i walk past it on a normal basis to get to the corner stores on the next block. The school ison the left side, is it illegal for me to carry walking down the right sidewalk past the school. If not i have to travel a long ways around to get past it.
    Yes it is illegal per the federal GFSZA. If you get a carry permit from NH you are legal to go within 1,000 feet of the school zone.
    "No state shall convert a liberty to a privilege, license it, and charge a fee therefor.- Murdock vs Pennsylvania 319 US 105

    ...If the state converts a right into a privelege, the citizen can ignore the license and fee and engage in the right... with impunity.
    - Shuttleworth vs City of Birmingham, Alabama 317 US 262

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    There's nothing ot be nervous about. I'm a big guy and OC is really all thats comfortable for me. I go everywhere without concern. The bank on occasion, grocery shopping, gas stations, the outback, olive garden, etc. Dress presentable, behave like you aren't doing anything wrong and nobody is going to say anything. I was at the Hopkinton and Deerfield fairs this year sitting watching horse pulls and tractor pulls with children everywhere any nobody said anything or looked the least bit concerned. I really do believe trouble will find you if your looking for it but if your not, you wont have anything to worry about.

    Just stay the hell out of federal buildings, schools, court ROOMS (not court buildings) and THE POST OFFICE. All off limits. Enjoy your freedom and dont be scared exercise your RIGHTS. Self-defense is rooted deeply in NH and our current legislature is making sure there aren't any loopholes to convict those who are forced to do so. We live in an amazing state. Stand tall, be proud and dont be affraid to OC .

    ~NHOC

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    Quote Originally Posted by xmanhockey7 View Post
    Yes it is illegal per the federal GFSZA. If you get a carry permit from NH you are legal to go within 1,000 feet of the school zone.
    Not exactly true.... The federal GFSZA requires the police to issue the licenses in the states. In New Hampshire licenses are issued either by the selectman or whom the CLEO assigns. Technically it makes New Hampshire Licenses useless in the GFSZA.

    However depending where you are you probably won't have an issue with it.

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    Quote Originally Posted by doobie View Post
    Not exactly true.... The federal GFSZA requires the police to issue the licenses in the states. In New Hampshire licenses are issued either by the selectman or whom the CLEO assigns. Technically it makes New Hampshire Licenses useless in the GFSZA.

    However depending where you are you probably won't have an issue with it.
    The NH non-resident license says "Department of Safety State Police" on it. Is this not the case with resident permits? If so, then it would seem that non-residents would be technically exempt from GFSZA, but residents would not...odd.
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    Quote Originally Posted by Freiheit417 View Post
    The NH non-resident license says "Department of Safety State Police" on it. Is this not the case with resident permits? If so, then it would seem that non-residents would be technically exempt from GFSZA, but residents would not...odd.
    Only non-residents think and/or care about such things. Residents don't worry about it. As long as you stay out of the school building, it's all good.

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    Quote Originally Posted by Freiheit417 View Post
    The NH non-resident license says "Department of Safety State Police" on it. Is this not the case with resident permits? If so, then it would seem that non-residents would be technically exempt from GFSZA, but residents would not...odd.
    I've never worried about it and never carried on or in school grounds during school hours. I have no idea what my piece of paper says as it was washed in the washer within 6 months of receiving it. Never needed it either when harassed by the police.

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    Quote Originally Posted by RJG View Post
    Hey guys, im a new firearm owner and have checked into many of the laws of OCing in New Hampshire. But some things dont make sense, can someone explain this a little to me? Basically im asking, lets say if i went to the pizza hut down the street, can I OC or even just going with a walk with my wife? And if the event someone calls the police what would happen. Thanks guys i appreciate the help.


    -Rich
    Check out some of the videos about OCing in Manchester. Keep in mind they are older when OC was a "new" concept to the police. Since then they are aware that OC is lawful.

    http://www.youtube.com/results?searc...anchester&aq=f
    An Amazon best seller "MY PARENTS OPEN CARRY" http://www.myparentsopencarry.com/

    *The information contained above is not meant to be legal advice, but is solely intended as a starting point for further research. These are my opinions, if you have further questions it is advisable to seek out an attorney that is well versed in firearm law.

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    OC in my Car?

    So I was looking up laws for Open Carrying in your car without a CCW (im getting mine shortly) but for the time being i have been just putting the gun in the back seat with a unloaded mag inserted. Can i just carry it in my holster if its unloaded? Or doe i need my permit to carry it loaded/unloaded.

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    New Hampshire does not have a "CCW". New Hampshire has a pistol license. KBCraig has posted all the information needed that was sourced by RSA 159:4.

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    In general, laws make things illegal, the lack of a law against, implies it is lawful. The police must sight a law before they can charge you with a crime.

    Look in the state constitution for an acticle similar to the 2A (in WA it is Article 1 section 24). That is where the authority to bear arms resides. In most states with a strong 2A type article like the WA state one, OC has always been legal, it is Concealed Carry that requires a permit, pistol license or whatever that particular state prefers to call it.

    It sounds like NH is very similar to WA. OC loaded anywhere, except in a vehicle, posted 21 and over bar, k-12 school, jail, Mental hospital or courtroom without a permit. The Pistol license (CPL) allows CC and and loaded CC or OC within a vehicle, onto school ground to pickup or let off students and no wait to secure a new firearm from an FFL. Remember, long guns are usually regulated by F&W law...like no loaded long guns in a vehicle. The CPL only applies to a pistol, not a long gun. I think NH is the same.

    As you are new to carry, be sure you read your state law carefully. You may want to look at things that may (or may not) be there like Montana law has this quirk...it is legal to OC into a bar or restaurant that serves alcohol, but it is not legal to CC into the same places.

    Then WA has a law that says only LE can carry to a outdoor music festival that lasts over 4 hours and is expected to have more than 2000 in attendence (think Woodstock), (and this is not even in the firearms section of the law), but specifically exempts state/county fairs from the prohibition.

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    Quote Originally Posted by hermannr View Post
    It sounds like NH is very similar to WA. OC loaded anywhere, except in a vehicle, posted 21 and over bar, k-12 school, jail, Mental hospital or courtroom without a permit. The Pistol license (CPL) allows CC and and loaded CC or OC within a vehicle, onto school ground to pickup or let off students and no wait to secure a new firearm from an FFL. Remember, long guns are usually regulated by F&W law...like no loaded long guns in a vehicle. The CPL only applies to a pistol, not a long gun. I think NH is the same.

    As you are new to carry, be sure you read your state law carefully. You may want to look at things that may (or may not) be there like Montana law has this quirk...it is legal to OC into a bar or restaurant that serves alcohol, but it is not legal to CC into the same places.

    Then WA has a law that says only LE can carry to a outdoor music festival that lasts over 4 hours and is expected to have more than 2000 in attendence (think Woodstock), (and this is not even in the firearms section of the law), but specifically exempts state/county fairs from the prohibition.
    Luckily we're in NH, we don't have caveats like where you cannot carry. You can legally carry (oc/cc) in any indoor/outdoor festival regardless of how many people are there. As well as legally you can carry (oc/cc) in a bar; though you won't likely get served OCing. Pretty sure there isn't anything against mental hospitals, but I've never had to worry about that.

    I prefer F2F purchases/sales over FFLs, much cheaper. FFL's have too much of a markup on firearms.

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    Quote Originally Posted by doobie View Post
    Not exactly true.... The federal GFSZA requires the police to issue the licenses in the states. In New Hampshire licenses are issued either by the selectman or whom the CLEO assigns. Technically it makes New Hampshire Licenses useless in the GFSZA.

    However depending where you are you probably won't have an issue with it.

    Huh???.... My license was signed by the Chief of Police in Lebanon
    "Experience is a wonderful thing. It enables you to recognize a mistake when you make it again"

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    Quote Originally Posted by Jay View Post
    Huh???.... My license was signed by the Chief of Police in Lebanon
    Not all licenses are issued by the CLEO.

    "RSA 159:6 License to Carry. –
    I. The selectmen of a town or the mayor or chief of police of a city or some full-time police officer designated by them respectively, upon application of any resident of such town or "


    GFSZ act:
    "(ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;"

    State law does not REQUIRE law enforcement to verify an individual is qualified under law as a selectman or mayor to issue. The key is does an individual license if issued by law enforcement count or not. There has yet to be case law regarding this.

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