New Hampshire |
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Summary of State Firearms Law |
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Last updated January 29, 2010. |
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Overview |
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New Hampshire has enacted few gun violence prevention laws. Among other things, New Hampshire law does not:
Local governments in New Hampshire lack authority to regulate firearms or ammunition, and New Hampshire law requires the Department of Public Safety to issue a license to carry a loaded handgun to any applicant who meets certain basic qualifications. |
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Statistics |
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In 2007, 78 people died from firearm-related injuries in New Hampshire.1
In 2007, New Hampshire supplied crime guns to other states at a rate higher than most other states.2 In 2008, 264 firearms associated with crimes were recovered in New Hampshire and 164 were successfully traced by the Bureau of Alcohol, Tobacco, Firearms and Explosives. Of these 164 firearms, 98 were originally sold by gun dealers in New Hampshire.3
There are 387 federally licensed firearms dealers and pawnbrokers in New Hampshire.4 |
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State "Right to Bear Arms" |
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New Hampshire’s constitution provides for the keeping and bearing of arms, but has been interpreted to permit gun regulation for public health and safety purposes. See LCAV’s State Right to Bear Arms Provisions for further information. |
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Local Authority to Regulate Firearms |
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New Hampshire has preempted most areas of local firearms regulation. See LCAV’s State Preemption/Local Authority to Regulate Firearms summary for further information. |
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State Firearms Policies |
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Please note that many firearm-related laws have exceptions for military and law enforcement personnel. |
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Persons Prohibited from Firearm Possession |
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Prohibited Purchasers Generally |
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See Regulating Guns in America: Prohibited Purchasers for a comprehensive discussion of this issue. Federal law prohibits certain persons from purchasing or possessing firearms, such as felons, certain domestic abusers, and certain people with a history of mental illness. Similarly, New Hampshire has incorporated the federal prohibition against selling firearms to felons as a state offense.5 New Hampshire also prohibits any person who has been convicted of a felony against the person or property of another, or a felony under New Hampshire’s Controlled Drug Act, or a similar law in another jurisdiction, from owning, possessing or controlling a firearm.6 New Hampshire state law also prohibits any person from knowingly attempting to purchase a firearm while subject to a protective order.7 State administrative regulations prohibit the receipt, possession or transportation of firearms by parolees, including juvenile parolees.8 For information on the background check process used to enforce these provisions, see the New Hampshire Background Checks section. New Hampshire has no laws preventing firearm purchase or possession by, among others:
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Minimum Age to Purchase / Possess |
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See Regulating Guns in America: Minimum Age to Purchase / Possess Firearms for a comprehensive discussion of this issue. New Hampshire provides no minimum age for the possession of firearms, and does not penalize sale of a long gun to a minor, although federal age restrictions still apply. New Hampshire prohibits any person from transferring a handgun to a person under the age of 18,9 and transferring ammunition of any kind to a person under the age of 16, other than her or his own child, grandchild, or ward.10 |
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Domestic Violence & Firearms |
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See Regulating Guns in America: Domestic Violence and Firearms for a comprehensive discussion of this issue. New Hampshire has no law prohibiting individuals convicted of domestic violence misdemeanors from purchasing or possessing firearms or ammunition. Federal law, however, prohibits the purchase and possession of firearms and ammunition in some of these situations. New Hampshire prohibits a defendant subject to a domestic violence protective order from purchasing, receiving, or possessing any and all firearms and ammunition for the duration of the order. If there is probable cause to believe that firearms and ammunition are kept on the defendant’s premises, the court may issue a search warrant authorizing a peace officer to seize any and all firearms and ammunition.11 In issuing a domestic violence protective order, a New Hampshire court must direct the defendant to relinquish to a peace officer any and all firearms and ammunition in the control, ownership or possession of the defendant or any other person on behalf of the defendant. The firearms and ammunition must remain relinquished for the duration of the protective order.12 In issuing a temporary domestic violence protective order, a court may (but need not) include a similar command.13 Whenever any peace officer has probable cause to believe that a person has been abused, New Hampshire law requires the officer to use all means within reason to prevent further abuse, including confiscating any firearms and ammunition in the defendant’s control, ownership or possession.14 |
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Disarming Prohibited Persons |
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New Hampshire has no law requiring the removal of firearms from persons who have become prohibited from possessing them, except when a court issues a domestic violence protective order. |
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Sales & Transfers |
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Background Checks |
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See Regulating Guns in America: Background Checks for a comprehensive discussion of this issue. Federal law requires federally licensed firearms dealers (but not private sellers) to initiate a background check on the purchaser prior to sale of a firearm. Federal law provides states with the option of serving as a state “point of contact” and conducting their own background checks using state, as well as federal, records and databases, or having the checks performed by the FBI using only the federal National Instant Criminal Background Check System (“NICS”) database. (Note that state files are not always included in the federal database.) New Hampshire is a “partial point of contact” state for NICS. New Hampshire law authorizes, but does not require, the New Hampshire Department of Safety (“DOS”) to act as a point of contact for NICS.15 DOS has chosen to act as a point of contact for handgun sales, but not long gun sales. This means that, in New Hampshire, firearms dealers selling handguns must initiate the background check required by federal law by contacting DOS, but firearm dealers selling long guns must initiate the background check required by federal law by contacting the FBI directly.16 New Hampshire does not require private sellers (sellers who are not licensed dealers) to initiate a background check when transferring a firearm. See Regulating Guns in America: Private Sales. |
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Mental Health Reporting |
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Federal law prohibits possession of a firearm or ammunition by any person who has been “adjudicated as a mental defective” or involuntarily “committed to any mental institution.”17 No federal law, however, requires states to report the identities of these individuals to the National Instant Criminal Background Check System (“NICS”) database, which the FBI uses to perform background checks prior to firearm transfers. New Hampshire has no law requiring the reporting of mental health information to NICS. For general information on the background check process and categories of prohibited purchasers or possessors, see the New Hampshire Background Checks section and the section entitled New Hampshire Prohibited Purchasers Generally. See Regulating Guns in America: Mental Health Reporting for a comprehensive discussion of this issue. |
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Multiple Purchases / Sales of Firearms |
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New Hampshire has no law restricting sales or purchases of multiple firearms. See Regulating Guns in America: Restrictions on Multiple Purchases or Sales of Firearms for a comprehensive discussion of this issue. |
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Retention of Sales / Background Check Records |
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See Regulating Guns in America: Retention of Firearm Sales and Background Check Records for a comprehensive discussion of this issue. New Hampshire law requires the Department of Safety (“DOS”) to destroy any records containing information about a firearm transferee who is not prohibited from possessing a firearm within one day of the request for a background check. New Hampshire law prohibits DOS from disclosing those records to any person or agency. If a potential transferee is prohibited from receiving a firearm, DOS must retain any records pertaining to the potential transferee for three years.18 New Hampshire does not require firearms dealers to retain sales records, although federal law applies. |
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Waiting Periods |
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New Hampshire has no law imposing a waiting period prior to purchase of a firearm. See Regulating Guns in America: Waiting Periods for a comprehensive discussion of this issue. |
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Gun Dealers & Other Sellers |
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Dealer Regulations |
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See Regulating Guns in America: Dealer Regulations for a comprehensive discussion of this issue. Federal law requires firearms dealers to obtain a license from the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF), although resource limitations prevent the ATF from properly overseeing all its licensees. 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.19 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 or him or who is licensed to sell handguns.20 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 three years.21 Licensees must:
A licensee may sell a handgun to a non-resident only if the non-resident has the authority to purchase a handgun in her or 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.23 Failure to comply with these conditions may result in revocation of the license to sell handguns.24 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."25 New Hampshire does not require sellers of rifles or shotguns to obtain a license. |
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Private Sales |
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New Hampshire has no law requiring a background check prior to transfer of a firearm when the seller is not a licensed dealer (a “private sale”). New Hampshire law explicitly allows a person who is not licensed to sell handguns and who is not engaged in the business of selling handguns to sell a handgun to any person who is known to her or him or who is licensed to sell handguns.26 No person may transfer a handgun to a convicted felon.27 New Hampshire has no other laws regarding private sales of firearms. See Regulating Guns in America: Private Sales for a comprehensive discussion of this issue. |
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Gun Shows |
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New Hampshire has no laws explicitly regulating gun shows. See the New Hampshire Private Sales section for state laws that may apply at gun shows. See Regulating Guns in America: Gun Shows for a comprehensive discussion of this issue. |
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Immunity Statutes |
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New Hampshire law 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." 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."28 For information about the federal immunity law, which is similar to the New Hampshire law, see the Immunity Statutes section of LCAV’s federal law page. New Hampshire law also limits state and local regulation of shooting ranges.29 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. See LCAV’s policy page on Immunity Statutes / Manufacturer Litigation for further information. |
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Gun Owner Responsibilities |
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Firearms in Public Places |
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Concealed Weapons Permitting |
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See Regulating Guns in America: Carrying Concealed Weapons for a comprehensive discussion of this issue. New Hampshire does not prohibit a person from carrying a loaded handgun in a vehicle or concealed in public if the person has a license to carry a loaded handgun. Furthermore, no license is required to carry a concealed handgun if it is unloaded, or to carry a loaded handgun in public if it is not concealed.30 New Hampshire is a "shall issue" state, meaning that local law enforcement must issue a license to carry a loaded handgun 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 is considered a proper purpose.31 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."32
New Hampshire law states: “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.”33
A New Hampshire concealed weapons license is valid for up to four years from the date of issue. "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."34
A non-resident of New Hampshire holding a current and valid license to carry a loaded handgun in the state in which he or she resides is not required to obtain a license to carry a loaded handgun within New Hampshire if he or she carries the license from his or her home state on his or her person, and that state provides a reciprocal privilege for residents of New Hampshire.35 See the New Hampshire Department of Safety web site for a list of the specific states with which New Hampshire has reciprocity. State administrative rules govern the procedures for a nonresident to obtain a New Hampshire license to carry a loaded handgun.36 |
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Open Carrying |
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New Hampshire law 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.37 New Hampshire has no other law regulating the open carrying of firearms in public. |
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Location Restrictions |
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New Hampshire prohibits the carrying of a loaded handgun in any vehicle without a valid license to carry a loaded handgun.38 New Hampshire law also prohibits the carrying of a loaded firearm in:
However, neither of these prohibitions applies to handguns carried under a license to carry a loaded handgun. Having or carrying a loaded rifle or loaded shotgun in or on a motor vehicle, off highway recreational vehicle, snowmobile, or aircraft, whether moving or stationary, or a moving boat is also prohibited.41 New Hampshire has no law prohibiting persons who are not pupils from possessing firearms in a school zone. Any pupil who brings or possesses a firearm – concealed or otherwise – in a safe school zone (any school property or school bus) without written authorization from the superintendent shall be expelled from school by the local school board for at least 12 months.43 See LCAV’s policy page on Guns in Schools for further information. New Hampshire prohibits any person from carrying any firearm into a courtroom or area used by a court.44 New Hampshire administrative regulations prohibit firearms and ammunition in licensed residential child care facilities,45 other licensed child care facilities,46 staffed foster homes,47 and prison grounds.48 New Hampshire has no law prohibiting firearms in:
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Consumer & Child Safety |
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Design Safety Standards for Handguns |
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New Hampshire imposes no design safety standards on handguns. See Regulating Guns in America: Design Safety Standards for Handguns for a comprehensive discussion of this issue. |
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Locking Devices |
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New Hampshire has no laws regarding locking devices for firearms. See Regulating Guns in America: Locking Devices for a comprehensive discussion of this issue. |
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Personalized / Owner-Authorized Firearms |
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New Hampshire does not require firearms to be personalized. See Regulating Guns in America: Personalized Firearms for a comprehensive discussion of this issue. |
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Child Access Prevention |
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New Hampshire has established the offense of "negligent storage of firearms." However, a person may be guilty of this offense only if the firearm was used in a reckless or threatening manner, used during the commission of any misdemeanor or felony, or negligently or recklessly discharged.49 In addition, ALL of the following statements must be true for a person to be guilty of this offense:
See Regulating Guns in America: Child Access Prevention for a comprehensive discussion of this issue. |
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Classes of Weapons / Ammunition |
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Assault Weapons |
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New Hampshire has no law restricting assault weapons. See Regulating Guns in America: Assault Weapons for a comprehensive discussion of this issue. |
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Large Capacity Ammunition Magazines |
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New Hampshire has no law restricting large capacity magazines. See Regulating Guns in America: Large Capacity Ammunition Magazines for a comprehensive discussion of this issue. |
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Fifty Caliber Rifles |
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New Hampshire has no law restricting fifty caliber rifles. See Regulating Guns in America: Fifty Caliber Rifles for a comprehensive discussion of this issue. |
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Machine Guns / Automatic Firearms |
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New Hampshire has no law restricting machine guns, although federal law applies. See LCAV’s policy page on Machine Guns for further information. |
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Non-Powder Guns |
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Any student in New Hampshire who possesses a pellet or BB gun, rifle, or paint ball gun in a safe school zone (any school property or school bus) may be expelled by the local school board. The student may not attend school until restored by the local board.51 New Hampshire does not otherwise regulate non-powder guns. See Regulating Guns in America: Non-Powder Guns for a comprehensive discussion of this issue. |
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Ammunition Regulation |
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New Hampshire prohibits any person from transferring ammunition of any kind to a person under the age of 16, other than her or his own child, grandchild, or ward.52 New Hampshire law prohibits any person from attempting to use or using, in the course of committing any misdemeanor or felony, any teflon-coated or armor-piercing bullet or cartridge or any bullet or cartridge that contains an explosive substance in the projectile and is designed to explode upon impact.53 Among other things, New Hampshire law does not:
See Regulating Guns in America: Ammunition Regulation for a comprehensive discussion of this issue. |
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Investigating Gun Crimes |
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Microstamping / Ballistic Identification |
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New Hampshire has no law regarding firearm microstamping or ballistic identification. See Regulating Guns in America: Ballistic Identification for a comprehensive discussion of this issue. |
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Trafficking |
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New Hampshire has no laws aimed at firearms trafficking. |
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State Links |
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Attorney General / New Hampshire Department of Justice Bureau of Alcohol, Tobacco, Firearms and Explosives, Boston Field Division (CT, ME, MA, NH, RI, VT) New Hampshire Coalition Against Domestic and Sexual Violence |
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Footnotes |
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1. National Center for Injury Prevention and Control, U.S. Centers for Disease Control and Prevention, WISQARS Injury Mortality Reports, 1999-2007, at http://webappa.cdc.gov/sasweb/ncipc/mortrate10_sy.html. 2. Mayors Against Illegal Guns, The Movement of Illegal Guns in America: The Link between Gun Laws and Interstate Gun Trafficking 7, 24, at http://www.mayorsagainstillegalguns.org/downloads/pdf/trace_report_final.pdf. 3. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives, Office of Strategic Intelligence and Information, ATF Firearms Trace Data Report – 2008: New Hampshire, at http://www.atf.gov/statistics/download/trace-data/2008/2008-trace-data-new-hampshire.pdf. 4. Federal firearms licensee totals for New Hampshire as of September 23, 2009 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives. 5. N.H. Rev. Stat. Ann. § 159:7. 6. N.H. Rev. Stat. Ann. § 159:3. 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. 7. N.H. Rev. Stat. Ann. § 173-B:5(II). 8. N.H. Admin. R. Ann. Juv. 301.03, Par. 401.02. 9. N.H. Rev. Stat. Ann. § 159:12. This section does not apply to: 1) parents, grandparents, guardians, administrators and executors giving a revolver to their children, wards, or heirs to an estate; 2) firearm safety instructors during a training program, with the parent or guardian’s permission; 3) licensed hunters accompanying a minor while lawfully hunting; and 4) individuals supervising minors using firearms during a lawful shooting event or activity. Id. 10. N.H. Rev. Stat. Ann. § 644:15. 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. 11. N.H. Rev. Stat. Ann. § 173-B:5(II). In addition, following a defendant’s arrest for violating a temporary or permanent protective order, the arresting officer must seize any firearms or ammunition in the control, ownership or possession of the defendant. A law enforcement agency must maintain possession of the firearms and ammunition until the court issues an order directing the weapons to be relinquished from the agency’s custody. N.H. Rev. Stat. Ann. § 173-B:9. 12. N.H. Rev. Stat. Ann. § 173-B:5(I). 13. N.H. Rev. Stat. Ann. § 173-B:4(I). 14. N.H. Rev. Stat. Ann. § 173-B:10(I)(a). 15. N.H. Rev. Stat. Ann. § 159-D:1. 16. Bureau of Justice Statistics, U.S. Department of Justice, Survey of State Procedures Related to Firearm Sales, 2005 46 (Nov. 2006), at: http://www.ojp.usdoj.gov/bjs/pub/pdf/ssprfs05.pdf. 18. N.H. Rev. Stat. Ann. § 159-D:2. Although DOS may maintain for an indefinite period a log of dates of requests for criminal background checks and unique approval numbers corresponding to such dates, DOS 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. 19. N.H. Rev. Stat. Ann. § 159:10. 20. N.H. Rev. Stat. Ann. § 159:14. 21. N.H. Rev. Stat. Ann. § 159:8. 22. N.H. Rev. Stat. Ann. § 159:8. 23. N.H. Rev. Stat. Ann. § 159:8-a. 24. N.H. Rev. Stat. Ann. §§ 159:8, 159:8-b. 25. N.H. Rev. Stat. Ann. § 650-C:1. 26. N.H. Rev. Stat. Ann. § 159:14. 27. N.H. Rev. Stat. Ann. § 159:7. 28. N.H. Rev. Stat. Ann. § 508:21. 29. N.H. Rev. Stat. Ann. §§ 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. Sections 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. 30. 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. 31. N.H. Rev. Stat. Ann. § 159:6(I). 32. N.H. Rev. Stat. Ann. § 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. 33. N.H. Rev. Stat. Ann. § 159:6-a. 34. N.H. Rev. Stat. Ann. § 159:6. 35. N.H. Rev. Stat. Ann. § 159:6-d. 36. N.H. Code Admin. R. Ann. Saf-C 2101.01-2105.02. 37. N.H. Rev. Stat. Ann. § 111:15. 38. 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. 39. N.H. Rev. Stat. Ann. § 215-A:20. 40. N.H. Rev. Stat. Ann. § 215-C:35. 41. N.H. Rev. Stat. Ann. § 207:7. This restriction also applies to rifles and shotguns with a cartridge in a magazine or clip attached to the gun. Id. 42. N.H. Code Admin. R. Ann. He-C 6446.08. 43. N.H. Rev. Stat. Ann. § 193:13; see section 193-D:1 (defining school zone to include any school property or school bus). 44. N.H. Rev. Stat. Ann. § 159:19. 45. N.H. Code Admin. R. Ann. He-C 4001.17. 46. N.H. Code Admin. R. Ann. He-C 4002.14. 47. N.H. Code Admin. R. Ann. He-C 6446.08. 48. N.H. Code Admin. R. Ann. Cor. 306.01-306.02. 49. N.H. Rev. Stat. Ann. § 650-C:1. Nonetheless, a person is not guilty of the offense of negligent storage of a firearm if the: 1) child has completed a firearm safety or hunter safety course; 2) firearm is kept in a secure locked space or is secured with a trigger lock or similar device that prevents the firearm from discharging; 3) firearm is carried on the person or close enough that the person can readily retrieve the firearm; 4) child obtains the firearm in lawful self-defense or defense of another; 5) person has no reasonable expectation that a child is likely to be on the premises; or 6) child obtains the firearm due to illegal entry of the premises or illegal taking of the firearm from the premises. Id. 51. N.H. Rev. Stat. Ann. § 193:13; see section 193-D:1 (defining school zone to include any school property or school bus). 52. N.H. Rev. Stat. Ann. § 644:15. 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. |
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