New Hampshire State Law Summary

For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel.

No relevant statutes currently exist.

Federal law generally requires that licensed firearms dealers conduct a background check on all prospective firearms purchasers to ensure that such persons are not prohibited from buying or possessing a firearm.  This background check requirement and the National Instant Criminal Background Check System (“NICS”) were enacted through the Brady Handgun Violence Prevention Act, pursuant to Public Law 103-159, and codified at 18 U.S.C. § 921 et seq. Federal law defines a number of classes of prohibited purchasers (including felons, fugitives, persons adjudicated as “mental defectives” or those committed to mental institutions), and leaves to the states the power to determine additional classes.  (For a complete list of federally prohibited purchasers, click here.)

Under the Brady Act, states have the option of serving as a “state point of contact” and conducting their own background checks using NICS and state informational records and databases, or having the checks performed by the FBI using only NICS.  Federal law does not require that private sellers (persons other than firearms dealers) conduct background checks on prospective purchasers.

In New Hampshire, all firearm transfers by licensed dealers are processed either through the FBI (long guns) or the New Hampshire Department of Safety (handguns), which enforce the federal purchaser prohibitions referenced above. Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006) and N.H. Rev. Stat. Ann. § 159-D:1. New Hampshire has incorporated the federal prohibition against selling firearms to felons as a state offense. Section 159:7. Section 159:3 also prohibits possession of a firearm by a person convicted in any jurisdiction of a felony against the person or property of another, or a felony under New Hampshire’s Controlled Drug Act, sections 318-B:1 et seq. or a similar law in another jurisdiction. Section 159:3-a sets greater penalties for possession of a firearm by a person convicted of three or more of certain felonies. Section 159:8(III) prohibits a licensed dealer from delivering a firearm to a person convicted of a felony.

Upon a finding of domestic "abuse" (defined in section 173-B:1), a court shall enter a protective order prohibiting the defendant from purchasing, receiving, or possessing any deadly weapons and any and all firearms and ammunition. Section 173-B:5. See also section 173-B:4 (authorizing a temporary order of protection prohibiting possession of firearms upon a showing of an immediate and present danger of abuse).

State administrative regulations prohibit the receiving, possessing, or transporting of firearms by parolees, including juvenile parolees. N.H. Admin. R. Ann. Juv. 301.03, Par. 401.02.

Firearms transfers by private sellers (non-firearms dealers) are not subject to background checks in New Hampshire, although federal and state purchaser prohibitions still apply. See the New Hampshire Private/Secondary Sales section.

No relevant statutes currently exist.

Open Carrying / Exposed Firearms

New Hampshire Revised Statutes Annotated § 111:15 prohibits any member of any civil group from assuming any semblance of military organization or character by bearing or possessing rifles, pistols, or military weapons of any kind.

Possession Restrictions

New Hampshire prohibits any person from carrying any firearm into a courtroom or area used by a court. N.H. Rev. Stat. Ann. § 159:19.

Any pupil who brings or possesses a firearm – concealed or otherwise – in a safe school zone (any school property or school bus (see section 193-D:1)) without written authorization from the superintendent shall be expelled from school by the local school board for at least 12 months. Section 193:13.

State administrative regulations prohibit firearms and ammunition in:

• Licensed residential child care facilities (N.H. Code Admin. R. Ann. He-C 4001.17);

• Other licensed child care facilities (N.H. Code Admin. R. Ann. He-C 4002.16);

• Staffed foster homes (N.H. Code Admin. R. Ann. He-C 6446.08); and

• Prison grounds (N.H. Code Admin. R. Ann. Cor. 306.01-306.02).

Transportation of Firearms

New Hampshire prohibits the carrying of a loaded handgun in any vehicle without a valid license to carry a loaded handgun. N.H. Rev. Stat. Ann. § 159:4. This provision does not apply to the regular and ordinary transportation of handguns as merchandise. Section 159:5. See the Concealed Weapons Licensing Requirements subsection below for further information about these licenses.

Section 215-A:20 prohibits the carrying of a loaded firearm in an off highway recreational vehicle or a trailer towed by an off highway recreational vehicle. Similarly, section 215-C:35 prohibits the carrying of a loaded firearm in a snowmobile or a trailer towed by a snowmobile. Neither of these prohibitions applies to handguns carried under a license to carry a loaded handgun. Section 207:7 also prohibits having or carrying a loaded rifle or loaded shotgun, or a rifle or shotgun with a cartridge in a magazine or clip attached to the gun, in or on a motor vehicle, off highway recreational vehicle, snowmobile, or aircraft, whether moving or stationary, or a boat or other craft while being propelled by mechanical power or by another boat or mechanically-propelled craft.

A state administrative regulation addresses the storage of firearms in vehicles operated by foster parents. N.H. Code Admin. R. Ann. He-C 6446.08.

Concealed Weapons Licensing Requirements

New Hampshire is a "shall issue" state, meaning that local law enforcement must issue a license to carry a loaded handgun if the applicant meets certain qualifications. N.H. Rev. Stat. Ann. § 159:6(I) provides:

[Law enforcement]...shall issue a license…if it appears that the applicant has good reason to fear injury to the applicant's person or property or has any proper purpose, and that the applicant is a suitable person to be licensed. Hunting, target shooting, or self-defense shall be considered a proper purpose.

The fee for licenses issued to state residents is $10, while the fee for non-residents is $20. Id. In addition, "[n]o photograph or fingerprint shall be required or used as a basis to grant, deny, or renew a license to carry for a resident or nonresident, unless requested by the applicant." Section 159:6(II).

Additional application and background check requirements, as well as permit suspension and disqualification information, are detailed in sections 159:6, 159:6-b, 159:6-c. State administrative rules governing the procedures for a nonresident to obtain a New Hampshire license to carry a loaded handgun are set forth in N.H. Code Admin. R. Ann. Saf-C 2101.01-2105.02.

Carrying a loaded handgun without a license, either in a vehicle or concealed upon one's person, except in one's home or place of business, is a misdemeanor for the first offense, and a class B felony for subsequent offenses which occur seven years from a previous conviction. N.H. Rev. Stat. Ann. § 159:4. A loaded handgun includes any handgun with a magazine, cylinder, chamber, or clip in which there are loaded cartridges. Id.

      Disclosure or Use of Information

New Hampshire Revised Statutes Annotated § 159:6-a provides that:

All papers and records, including applications, pertaining to the issuance of… licenses [to carry loaded handguns] are subject to inspection only by law enforcement officials…while in the performance of official duties or upon written consent, for good cause shown, of the superior court in the county where said license was issued. 

     Duration & Renewal

A concealed weapons license is valid for up to 4 years from the date of issue. Section 159:6. "When required, license renewal shall take place within the month of the fourth anniversary of the license holder’s date of birth following the date of issuance." Id.

      Location Limits

Concealed weapons permit/license holders are subject to generally applicable possession prohibitions. Please see the Possession Restrictions and Transportation of Firearms sub-sections above for further information.

      Reciprocity

New Hampshire Revised Statutes Annotated § 159:6-d provides that a non-resident holding a current and valid license to carry a loaded handgun in the state in which he or she resides shall not be required to obtain a license to carry a loaded handgun within New Hampshire if he or she carries on his or her person the license from his or her home state, and that state provides a reciprocal privilege for residents of New Hampshire. See the New Hampshire Department of Safety web site for a list of the specific states with which New Hampshire has reciprocity.

      Brady Exemption

Concealed weapons permit holders in New Hampshire are not exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act. Please note that ATF's exempt status determination for a given state is subject to change without notice.

Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d).

New Hampshire has established the offense of "negligent storage of firearms" in New Hampshire Revised Statutes Annotated § 650-C:1, which provides:

Any person who stores or leaves on premises under that person’s control a loaded firearm, and who knows or reasonably should know that a child [person under the age of 16] is likely to gain access to the firearm without the permission of the child’s parent or guardian, is guilty of a violation if a child gains access to a firearm and:

(a) The firearm is used in a reckless or threatening manner;

(b) The firearm is used during the commission of any misdemeanor or felony; or

(c) The firearm is negligently or recklessly discharged.

Section 650-C:1 does not apply when:

• The child has completed a firearm safety or hunter safety course;

• The firearm is kept in a secure locked space or is secured with a trigger lock or similar device that prevents the firearm from discharging;

• The firearm is carried on the person or close enough that the person can readily retrieve the firearm;

• The child obtains the firearm in lawful self-defense or defense of another;

• The person has no reasonable expectation that a child is likely to be on the premises; or

• The child obtains the firearm due to illegal entry of the premises or illegal taking of the firearm from the premises.

New Hampshire prohibits any person from selling, advertising or exposing for sale, or having in one’s possession with intent to sell, a handgun without a local license to sell handguns. N.H. Rev. Stat. Ann. § 159:10. However, a person who is not licensed to sell handguns and not engaged in the business of selling handguns, may sell a handgun to a person who is personally known to her/him or who is licensed to sell handguns. Section 159:14. A license to sell a handgun may be obtained from the selectmen of a town or the chief of police of a city, and remains in effect for up to 3 years. Section 159:8. Under section 159:8, licensees must:

• Conduct business in the building designated in the license or at certain sporting shows or collectors' meetings;
  
  
• Display the license on the premises;
  
  
• Deliver firearms only to purchasers who provide evidence of their identity or to purchasers personally known to the licensee;
  
  
• Deliver firearms only to purchasers who have not been convicted of a felony. [See the New Hampshire Background Checks section for a summary of federal background check requirements and prohibited purchasers.]

A licensee may sell a handgun to a non-resident only if the non-resident has the authority to purchase a handgun in her/his own state, or if the New Hampshire state police, for good cause shown, have issued the non-resident a permit to purchase a handgun. Section 159:8-a. Failure to comply with any of the provisions of section 159:8, or 159:8-a may result in revocation of the license to sell handguns. Sections 159:8, 159:8-b. Violation of the prohibition against selling a firearm to a convicted felon is also a class B felony. Section 159:7.

Licensees must conspicuously post at each purchase counter the following warning in bold type not less than one inch in height: "IT IS IMPORTANT THAT THE OWNER OF A FIREARM SEEK FIREARM SAFETY INSTRUCTIONS FROM A CERTIFIED FIREARMS INSTRUCTOR AND KEEP FIREARMS SECURED FROM UNAUTHORIZED USE." Section 650-C:1

For laws applicable to both licensed and private firearm sellers, please see the New Hampshire Private/Secondary Sales section.

Number of Federally Licensed Firearms Dealers

There are 440 federally licensed firearms dealers and pawnbrokers in New Hampshire. Federal firearms licensee totals for New Hampshire as of October 19, 2006 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.

No relevant statutes currently exist.

See the New Hampshire Private/Secondary Sales section for state laws that apply at gun shows.

New Hampshire Revised Statutes Annotated § 508:21 provides that no civil liability action may be brought in any state court against a trade association, manufacturer, or seller of a "qualified product" for damages resulting from unlawful use of the product by the person bringing the action or by a third party. A "qualified product" is defined as "a firearm or ammunition or a component part of a firearm or ammunition, manufactured in compliance with federal and state law, that has been shipped or transported in intrastate, interstate, or foreign commerce." Id. An action may still be brought "against a manufacturer, seller, or trade organization convicted of a felony under state or federal law, by a party directly harmed by the felonious conduct." Id.

Sections 159-B:1 through 159-B:8 limit state and local regulation of shooting ranges. The owners, operators, or users of a shooting range may not be subject to civil liability or criminal prosecution, a nuisance action, or an action to enjoin the use of operation of the range, on the basis of noise or noise pollution, provided that the owners of the ranges are in compliance with any applicable noise control laws or ordinances in existence at the time the range was established, was constructed, or began operations. Section 159-B:1; 159-B:2. Subsequent physical expansion of the shooting range or change in the types of firearms in use at the range shall not establish a new date of commencement of operations for the portion or portions of the range in existence prior to the expansion. Section 159-B:3. In addition, a person whose property is in the vicinity of the shooting range may not bring an action for nuisance against the owners, operators or users of the shooting range, if the shooting range was established, constructed, or being used on a regular basis when the person acquired the property. Section 159-B:5.

Section 159-B:6 provides that no state standards for limiting noise levels in the "outdoor atmosphere" shall apply to shooting ranges.

Section 159-B:4 prohibits the retroactive application of any administrative rule, statute, or ordinance of the state or any of its political subdivisions to a shooting range in operation prior to the adoption, enactment, enforcement, or proposal of the rule, statute or ordinance.

The owners of a shooting range have a right of action to enforce the provisions of sections 159-B:1 through 159-B:8. Section 159-B:7.

For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.

No relevant statutes currently exist.

No relevant statutes currently exist.

No relevant statutes currently exist.

No relevant statutes currently exist.

State administrative regulations address the storage of firearms in foster homes, vehicles operated by foster parents (N.H. Code Admin. R. Ann. He-C 6446.08), and adult family care residences (N.H. Code Admin. R. Ann. He-P 813.20).

There is no minimum age to possess firearms under New Hampshire law, although federal law generally prohibits the possession of a handgun or handgun ammunition by anyone under the age of 18. 18 U.S.C. § 922(x)(2), (3) and (5). Note, however, that any pupil who brings or possesses a firearm in a safe school zone (any school property or school bus (see N.H. Rev. Stat. Ann. 193-D:1) without written authorization from the superintendent shall be expelled from school by the local school board for at least 12 months. Section 193:13.

New Hampshire provides no age limitations with respect to sale of a long gun. However, federal law generally prohibits firearms dealers from selling or delivering a shotgun or rifle, or ammunition for a shotgun or rifle, to any person the dealer knows or has reasonable cause to believe is under the age of 18. 18 U.S.C. § 922(b)(1), (c)(1). Federal law provides no age limitations with respect to the sale of a long gun by an unlicensed person.

Under New Hampshire Revised Statutes Annotated § 644:15, any person who transfers ammunition of any kind to a person under the age of 16, other than her/his own child, grandchild, or ward, commits a violation. This prohibition does not apply to: 1) individuals instructing children in the safe use of firearms during a supervised firearms training program, if the child’s parent or guardian has granted permission for the child to participate in the program; 2) licensed hunters accompanying children while lawfully taking wildlife; and 3) individuals supervising children using firearms during a lawful shooting event or activity. Id.

Under section 159:12, any person who transfers a handgun to a person under the age of 18 commits a misdemeanor. This section does not apply to:

• Parents, grandparents, guardians, administrators and executors giving a revolver to their children, wards, or heirs to an estate;

• Firearm safety instructors during a training program, with the parent or guardian’s permission;

• Licensed hunters accompanying a minor while lawfully hunting; and

• Individuals supervising minors using firearms during a lawful shooting event or activity.

Id. However, federal law prohibits licensed dealers from selling or delivering handguns or ammunition for handguns to any person the dealer knows or has reasonable cause to believe is under the age of 21. 18 U.S.C. § 922(b)(1). Federal law also generally prohibits unlicensed persons from selling, delivering or otherwise transferring a handgun or handgun ammunition to any person the transferor knows or has reasonable cause to believe is under the age of 18. 18 U.S.C. § 922(x)(1), (3) and (5).

No relevant statutes currently exist.

No relevant statutes currently exist.

A person who is not licensed to sell handguns and who is not engaged in the business of selling handguns, may sell a handgun to a person who is known to her/him or who is licensed to sell handguns. N.H. Rev. Stat. Ann. § 159:14. No person may transfer a handgun to a convicted felon. Section 159:7.

Under section 159:12, any person who transfers a handgun to a person under the age of 18 generally commits a misdemeanor. Under section 644:15, any person who transfers ammunition to a person under the age of 16 generally commits a violation. See the New Hampshire Minimum Age to Purchase / Possess section for further details.

Federal and state purchaser prohibitions also apply. See the New Hampshire Background Checks section.

If the Department of Safety receives a request for a criminal background check prior to the sale of a firearm, and the potential transferee is not prohibited from receiving a firearm, the records created by the department to conduct the criminal background check and any records containing information pertaining to the transferee shall be confidential and may not be disclosed to any person or agency. N.H. Rev. Stat. Ann. § 159-D:2. The department must destroy such records within one day of the request for the background check. Id. Although the department may maintain for an indefinite period a log of dates of requests for criminal background checks and unique approval numbers corresponding to such dates, the department is not allowed to maintain records containing the names of the firearms dealers who receive unique approval numbers, or records of firearm transactions including the names or other identification of firearms dealers or transferees not prohibited from receiving firearms. Id. If the Department of Safety receives a request for a criminal background check and the potential transferee is prohibited from receiving a firearm, the department must retain any records pertaining to the potential transferee for three years. Id. No other relevant statutes exist.

No relevant statutes currently exist.