Gun laws in New Hampshire

Last updated

Location of New Hampshire in the United States Map of USA NH.svg
Location of New Hampshire in the United States

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] New Hampshire's gun laws are amongst some of the most permissive in the United States; while the state has not had a mass shooting event since 1982, [4] [5] its per capita gun death rate, the 9th lowest gun death rate of the 50 states [6] , is double neighboring Massachusetts, which has among the strictest gun laws in the U.S. This is driven entirely by a difference in suicide rates between New Hampshire and Massachusetts, since New Hampshire also has the lowest per capita murder rate of any state, which is less than half the per capita murder rate in Massachusetts. [7]

Contents

Summary table

Subject/lawLong gunsHand gunsRelevant statutesNotes
State permit required to purchase?NoNo NHRS XII § 159:14
Firearm registration?NoNo
Assault weapon law?NoNo
Magazine capacity restriction?NoNo
Owner license required?NoNo
Permit required for concealed carry?N/ANo NHRS XII § 159:6 New Hampshire is a "shall issue" state for residents and non-residents who are 18 years or older and is one of the few states that will issue to non-citizens living outside of the United States.
Permitless carry took effect on February 22, 2017.
Permit required for open carry?NoNo NHRS XII § 159:6
NHRS XVIII § 207:7
May carry openly without permit. Loaded long guns prohibited in motor vehicles.
Castle doctrine/stand your ground law?YesYes NHRS LXII § 627
State preemption of local restrictions?YesYes NHRS XII § 159:26 "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 or knives businesses in the same manner as other businesses ..."
NFA weapons restricted?NoNo
Peaceable journey laws?NoNo
Background checks required for private sales?NoNo

State constitutional provisions

Article 2-a of the Constitution of New Hampshire states:

"All persons have the right to keep and bear arms in defense of themselves, their families, their property and the state."

Concealed and open carry

Since February 22, 2017, New Hampshire has been a constitutional carry state, requiring no license to open carry or concealed carry a firearm in public. Concealed carry permits are still issued for purposes of reciprocity with other states. [8]

The New Hampshire 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 New Hampshire license is issued by the local mayor, selectmen, or police department at a cost of $10 for residents, and by the New Hampshire 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 five years. Turn around time is generally one to two weeks, with fourteen 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 jurisdictions that are effectively No-Issue, such as New Jersey, California, Hawaii, and others.

See also

Related Research Articles

Gun laws and policies, collectively referred to as firearms regulation or gun control, regulate the manufacture, sale, transfer, possession, modification, and use of small arms by civilians. Laws of some countries may afford civilians a right to keep and bear arms, and have more liberal gun laws than neighboring jurisdictions. Countries that regulate access to firearms will typically restrict access to certain categories of firearms and then restrict the categories of persons who may be granted a license for access to such firearms. There may be separate licenses for hunting, sport shooting, self-defense, collecting, and concealed carry, with different sets of requirements, permissions, and responsibilities.

The Sullivan Act was a gun control law in New York state that took effect in 1911. The NY state law requires licenses for New Yorkers to possess firearms small enough to be concealed. Private possession of such firearms without a license was a misdemeanor, and carrying them in public is a felony. The law was the subject of controversy regarding both its selective enforcement and the licensing bribery schemes it enabled. The act was named for its primary legislative sponsor, state senator Timothy Sullivan, a Tammany Hall Democrat.

Concealed carry, or carrying a concealed weapon (CCW), is the practice of carrying a weapon in public in a concealed manner, either on one's person or in close proximity. CCW is often practiced as a means of self-defense. Every state in the United States allows for concealed carry of a handgun either permitless or with a permit, although the difficulty in obtaining a permit varies per jurisdiction.

<span class="mw-page-title-main">Concealed carry</span> Practice of carrying a handgun or other weapon in public in a concealed or hidden manner

Concealed carry, or carrying a concealed weapon (CCW), is the practice of carrying a weapon, either in proximity to or on one's person or in public places in a manner that hides or conceals the weapon's presence from the surrounding observers. The opposite of concealed carry is called open carry.

<span class="mw-page-title-main">Gun laws in California</span> Californias gun law

Gun laws in California regulate the sale, possession, and use of firearms and ammunition in the state of California in the United States.

<span class="mw-page-title-main">Gun law in the Czech Republic</span> Gun law in Czech Republic

Gun laws in the Czech Republic in many respects differ from those in other European Union member states (see Gun laws in the European Union). The "right to acquire, keep and bear firearm" is explicitly recognized in the first Article of the Firearms Act. At the constitutional level, the Charter of Fundamental Rights and Freedoms includes the "right to defend own life or life of another person also with arms under conditions stipulated by law".

<span class="mw-page-title-main">Gun laws in Florida</span> Floridas gun law

Gun laws in Florida regulate the sale, possession, and use of firearms and ammunition in the state of Florida in the United States.

<span class="mw-page-title-main">Gun laws in New York</span>

Gun laws in New York regulate the sale, possession, and use of firearms and ammunition in the U.S. state of New York, outside of New York City which has separate licensing regulations. These regulations are very strict in comparison to the rest of the United States.

In the United States, the term constitutional carry, also called permitless carry, unrestricted carry, or Vermont carry, refers to the legal public carrying of a handgun, either openly or concealed, without a license or permit. The phrase does not typically refer to the unrestricted carrying of a long gun, a knife, or other weapons. The scope and applicability of constitutional carry may vary by state.

<span class="mw-page-title-main">Gun laws in Alabama</span> Alabamas gun law

Gun laws in Alabama regulate the sale, possession, and use of firearms and ammunition in the state of Alabama in the United States.

<span class="mw-page-title-main">Gun laws in Connecticut</span> Connecticuts gun law

Gun laws in Connecticut regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Connecticut. Gun laws in Connecticut are amongst the most restrictive in the country. Connecticut requires training, background check and permitting requirements for the purchase of firearms and ammunition; and a ban on certain semi-automatic firearms defined as "assault weapons" and magazines that can hold more than 10 rounds. Connecticut's licensing system for open and concealed carry is relatively permissive.

<span class="mw-page-title-main">Gun laws in Hawaii</span> Hawaiis gun law

Gun laws in Hawaii regulate the sale, possession, and use of firearms and ammunition in the state of Hawaii, United States. Hawaii's gun laws are among the most restrictive in the country.

<span class="mw-page-title-main">Gun laws in Massachusetts</span> Massachusettss gun law

Gun laws in Massachusetts regulate the sale, possession, and use of firearms and ammunition in the Commonwealth of Massachusetts in the United States.

<span class="mw-page-title-main">Gun laws in Michigan</span> Michigans gun law

Gun laws in Michigan regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Michigan.

<span class="mw-page-title-main">Gun laws in Mississippi</span> Mississippis gun law

Gun laws in Mississippi regulate the sale, possession, and use of firearms and ammunition in the state of Mississippi in the United States. Gun laws in Mississippi are among the most permissive in the country, with no license or background check required to openly carry handguns most anywhere in the state.

<span class="mw-page-title-main">Gun laws in Nevada</span> Nevadas gun law

Gun laws in Nevada regulate the sale, possession, and use of firearms and ammunition in the state of Nevada in the United States.

<span class="mw-page-title-main">Gun laws in Ohio</span> Ohios gun law

Gun laws in Ohio regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Ohio.

<span class="mw-page-title-main">Gun laws in Washington</span> Washington states gun law

The state of Washington in the United States has laws regulating the sale, possession, and use of firearms and ammunition.

<span class="mw-page-title-main">History of concealed carry in the United States</span> Historical aspect of American gun law

The history of concealed carry in the United States is the history of public opinion, policy, and law regarding the practice of carrying concealed firearms, especially handguns.

New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. ___ (2022), abbreviated NYSRPA v. Bruen and also known as NYSRPA II or Bruen to distinguish it from the 2020 case, is a landmark decision of the United States Supreme Court related to the Second Amendment to the United States Constitution. The case concerned the constitutionality of the 1911 Sullivan Act, a New York State law requiring applicants for an unrestricted license to carry a concealed pistol on their person to show "proper cause", or a special need distinguishable from the general public, in their application.

References

  1. "State Gun Laws: New Hampshire", National Rifle Association – Institute for Legislative Action. Retrieved August 22, 2012.
  2. "New Hampshire State Law Summary", Law Center to Prevent Gun Violence. Retrieved August 22, 2012.
  3. "New Hampshire Statues – Chapter 159: Pistols and Revolvers". Gencourt.us. Retrieved August 22, 2012.
  4. "Mass shootings in the U.S., by state 1982-2021". Statista. Retrieved April 24, 2021.
  5. Wilson, Chris (April 16, 2021). "41 Years of Mass Shootings in the U.S. in One Chart". Time . Retrieved April 24, 2021.
  6. "Firearm Mortality by State". US Center for Disease Control and Prevention. Retrieved February 10, 2022.
  7. "How the Murder Rate in Massachusetts Compares to the Rest of the Country". The Center Square. Retrieved May 13, 2022.
  8. Pro-Gun New Hampshire – Frequently Asked Questions about NH Gun Laws Archived August 6, 2012, at the Wayback Machine
  9. "New Hampshire State Police – Permits and Licensing FAQs". Nh.gov. Retrieved November 23, 2011.
  10. "New Hampshire". OpenCarry.org. September 27, 2012. Retrieved February 22, 2017.
  11. "Minimum Age to Purchase & Possess in New Hampshire | Law Center to Prevent Gun Violence". smartgunlaws.org. Retrieved February 22, 2017.
  12. "New Hampshire Statutes – Chapter 159: Pistols and Revolvers". Gencourt.state.nh.us. Retrieved November 23, 2011.