Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
Member Login
Site Notices
9/22/2017 12:11:25 AM
Posted: 8/3/2005 10:42:14 AM EDT
I’m a new resident of NH and am still getting up to speed on NH gun laws. I’m wondering if it is legal to leave a firearm in a vehicle, e.g.: a truck gun.

As far as I can tell, the answer is yes for pistols and revolvers (anything with a barrel < 16”), assuming you have a license to carry, as outlined here LTC Law But, what about long arms?

I’ve scoured the NH Laws and been unable to find a law that prohibits leaving a firearm in a vehicle, loaded or unloaded. The closest thing I can find is a law about negligent storage of firearms outlined here Storage Law If I knowingly store a loaded firearm and it is used by someone under 16 years old for something bad (bad is outlined in the law) I could get in trouble. At the same time there is a clearly documented get out of jail pass, if “the child obtains the firearm as a result of illegal entry” or if they break into my vehicle.

The other law that touches on the long arm topic is a hunting law outlined here Hunting Law This law clearly says you can’t have or carry in a motor vehicle a loaded rifle or a rifle with a cartridge in a magazine. However this law is under title XVIII “Fish & Game” definitions, provisions as to fish and game. So if you aren’t hunting can you have a loaded rifle?

If legal, I was going to keep a Glock and a Kel-Tec Sub-2000 rifle in my vehicle. In most states this is legal, assuming the magazine isn’t stored in the weapon, yet NH considers a weapon loaded if a cartridge is in the magazine. Does anyone know if this is legal to keep both guns in my vehicle? Any NH legal opinions?
Link Posted: 8/4/2005 3:29:48 AM EDT
Anyone?
Link Posted: 8/4/2005 6:20:30 AM EDT
Not living in NH, my best advice is to contact GO-NH or their competitive org (don't recall the name) and ask their staff.

They most likely have researched their laws and should be able to help you.
Link Posted: 8/7/2005 2:47:13 PM EDT
You are correct in that any round in the magazine, EVEN IF THE MAGAZINE IS NOT IN THE GUN, is considered loaded.

My biggest question would be, "Why?". Automobiles are not secure. Little bastards break in and find a new toy. You could bolt it to the floor but then they'd just steal the whole car, jbt's included. What happens when they tow your car, and toss it at the impound lot? They would find a nice safe bolted to the floor, defeat it and steal anything inside. Don't get me started on 4th ammendment stuff.
I would just consider leaving the gun(s) in the car bad juju all around.

Not everything that is legal is smart. And some stuff that is illegal makes me scratch my head in wonderment.
Link Posted: 8/8/2005 3:44:02 AM EDT
RogerBall: My employer frowns upon guns in the workplace, so I'm not able to carry without risk of termination. I only leave my handgun locked in the glove box while I'm at work. My employer's campus and parking garages are very safe and have tons of cameras. Yes, someone could break into my vehicle, but the chances are very slim.

My CLEO confirmed the 'if you have a loaded mag, then you have a loaded weapon' concept this weekend. Doesn't matter if the mags are locked in one container and the weapon in another container. Thanks for the info.
Link Posted: 8/8/2005 5:55:16 PM EDT
[Last Edit: 8/8/2005 5:58:47 PM EDT by C-4]

Originally Posted By CFFUTS23:
Anyone?



CFFUTS23,

I read your answer in my thread (www.ar15.com/forums/topic.html?b=3&f=122&t=245906&page=1&#-1).

I can't prove that what your CLEO said is wrong, but don't necessarily take his word for it. The CLEO here didn't know that machine guns were still legal to transfer and I had to explain what the NFA of 1934 was all about when I went for an Uzi SBR sign-off.

I know that when I went on a moose hunt in northern NH in 2002, 2 different game wardens stopped us a total of 3 times to check if our rifles were loaded. As long as the loaded magazine is not attached to the rifle you are good to go. That was my understanding and they left as soon as they saw the bolt come out of the chamber and saw either an empty magwell or no shells in a gun having a hinged-mag.

I went shooting on Saturday with a retired (2 years ago) Laconia cop and he didn't say anything about my already-loaded AR mags. I always go to the range with my AR and AK mags loaded. So much so that I will often have a Chinese canvas chest rig on with three loaded AK mags. This will completely put a cramp in going to the range as I like to load my mags at home.

I will ask the retired cop specifically about the loaded magazines. But I would be shocked if your CLEO was right because I've never heard anyone ever mention that law in the countless times I've gone shooting with people. I realize that many other states do not allow loaded magazines in a car.

Link Posted: 8/10/2005 11:40:58 AM EDT

Originally Posted By CFFUTS23:
RogerBall: My employer frowns upon guns in the workplace, so I'm not able to carry without risk of termination. I only leave my handgun locked in the glove box while I'm at work. My employer's campus and parking garages are very safe and have tons of cameras. Yes, someone could break into my vehicle, but the chances are very slim.

My CLEO confirmed the 'if you have a loaded mag, then you have a loaded weapon' concept this weekend. Doesn't matter if the mags are locked in one container and the weapon in another container. Thanks for the info.



This simply is not true, it sounds more like opinion to me. A loaded magazine must be in the weapon for it to be considered a loaded weapon.
Link Posted: 8/14/2005 7:32:52 PM EDT


Not a lawyer.

I think the problem here is the storage law..

It's not clear on a definition of the storage yet the gun would need a lock to protect the gun owner from being charged if the glove box is broken into. But then again if the lock is cut off then the proof of wether or not it had a lock falls back on the owner.

This law was made to screw the gun owners, or dealer not the user commiting the crime.


The clip aspect of the concealed permit is questionable depending on who the LEO is and again the location of the loaded clip in respect to the weapon. Only a challenge in the courts might clarify this, but it all depends who the judge is.

It all comes down to what the defenition of is, is.


Link Posted: 8/15/2005 5:56:28 AM EDT
GENERAL PROVISIONS AS TO FISH AND GAME
Definitions, Inclusions, Methods of Taking, etc.
Section 207:7
207:7 Hunting From Motor Vehicle, OHRV, Boat, or Aircraft. –
I. No person shall take or attempt to take wild birds or wild animals from a motor vehicle, OHRV, boat, aircraft or other craft propelled by mechanical power.
II. No person shall have or carry, in or on a motor vehicle, OHRV, or aircraft, whether moving or stationary, a cocked crossbow, a loaded rifle or loaded shotgun, or a rifle or shotgun with a cartridge in a magazine or clip attached to the gun.
III. No person shall have in or on a boat or other craft while being propelled by mechanical power, or in a boat or other craft being towed by a boat or other craft propelled by mechanical power, a cocked crossbow, a loaded rifle or loaded shotgun, or a rifle or shotgun with a cartridge in a magazine or clip attached to the gun.
IV. The provisions of this section shall not apply to law enforcement officers carrying guns in the line of duty.
Source. 1935, 124:1. 1937, 188:4. RL 241:6. 1947, 47:1. 1949, 16:1. RSA 207:7. 1969, 11:1. 1971, 308:1. 1983, 449:19, eff. July 1, 1983. 2003, 35:3, eff. July 1, 2003.



or a rifle or shotgun with a cartridge in a magazine or clip attached to the gun


Attached to the gun seems clear to me.

Link Posted: 8/15/2005 6:12:55 AM EDT
[Last Edit: 8/15/2005 6:21:04 AM EDT by NH_AR_Shooter]
TITLE LXII
CRIMINAL CODE
CHAPTER 650-C
NEGLIGENT STORAGE OF FIREARMS
Section 650-C:1
650-C:1 Negligent Storage of Firearms. –
I. Nothing in this section shall be construed to reduce or limit any existing right to purchase and own firearms or ammunition, or both, or to provide authority to any state or local agency to infringe upon the privacy of any family, home or business except by lawful warrant. II. As used in this section, "child," "juvenile" or "youth" shall mean any person under 16 years of age.
III. 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 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.
IV. Any person who violates paragraph III shall be fined not more than $1,000.
V. This section shall not apply whenever any of the following occurs:
(a) The child has completed firearm safety instructions by a certified firearms safety instructor or has successfully completed a certified hunter safety course.
(b) The firearm is kept secured in a locked box, gun safe, or other secure locked space, or in a location which a reasonable person would believe to be secure, or is secured with a trigger lock or similar device that prevents the firearm from discharging.
(c) The firearm is carried on the person or within such a close proximity thereto so that the individual can readily retrieve and use the firearm as if carried on the person.
(d) The child obtains or obtains and discharges the firearm in a lawful act of self-defense or defense of another person.
(e) The person who keeps a loaded firearm on any premises which are under such person's custody or control has no reasonable expectation, based on objective facts and circumstances, that a child is likely to be present on the premises.
(f) The child obtains the firearm as a result of an illegal entry of any premises by any person or an illegal taking of the firearm from the premises of the owner without permission of the owner.

VI. A parent or guardian of a child who is injured or who dies of an accidental shooting shall be prosecuted under this section only in those instances in which the parent or guardian behaved in a grossly negligent manner.
VII. Licensees shall 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." A licensee failing to display this warning to the purchaser of a firearm shall be guilty of a violation.
Source. 2000, 267:1, eff. Jan. 1, 2001.



While any law can be abused....

There is absolutely nothing here that prevents you from having loaded magazines in a vehicle with an unloaded rifle. Just that you must not create a neglegent situation, this thing looks as though GO NH or the NRA had a hand in writing it.

Sec: I and V seem to exclude most reasonable circumstances, V(d) is not something you will ever see in a law crafted by libs.

Link Posted: 8/15/2005 12:55:01 PM EDT
My biggest question would be, "Why?". Automobiles are not secure. Little bastards break in and find a new toy. You could bolt it to the floor but then they'd just steal the whole car, jbt's included. What happens when they tow your car, and toss it at the impound lot? They would find a nice safe bolted to the floor, defeat it and steal anything inside. Don't get me started on 4th ammendment stuff.
I would just consider leaving the gun(s) in the car bad juju all around.



I love this why of thinking, Someone breaks into your locked car, then breaks into your bolted down safe, commits a crime with your stolen gun and somehow you are at fault.
Clearly you moved here for Massachusetts.
Link Posted: 8/15/2005 2:46:06 PM EDT
The storage law is written so that a person stealing, or using your gun without your knowledge does not have to be the only liable person for the crimes committed by the theft,

It holds the gun owner responsible for damages,injuries or death. This was to allow by the left to file lawsuits against the person who owns the weapons not the user. If someone breaks into your car or house and steals your weapons and uses them on a person then the gun owner will get a lawsuit from the victim instead of the of the thief. It also allows for prison time for the gun owner.

You can thank the RINO's for this law.

Link Posted: 8/15/2005 5:13:50 PM EDT

Originally Posted By NH_AR_Shooter:

Attached to the gun seems clear to me.




Thank you! That's what the game warden said to me.

As far as someone committing a crime with a stolen firearm, what if they steal your car or knife? Fucking Socialists just can't keep their grubby hands off our guns. How about the person stealing and using the gun is the only one responsible. There's a novel idea. Ayn Rand was right.
Link Posted: 8/16/2005 3:31:40 AM EDT
Yes, I moved from MA after seven years of being treated like a criminal for simply having an interest in guns and hunting. To give you perspective, if you sell a firearm you have to mail in the form with all the transfer information to the ‘Criminal History Systems Board’. NH is the tenth state I’ve lived in and is the most refreshing pro-gun state since I lived in Texas.

Yes, I’m paranoid and am trying to read between the lines of the law to make sure I’m in complete compliance. While the storage law may be conceived as anti-gun, as NH_AR_Shooter points out there are a number of lines that clearly place blame on the person who breaks into your vehicle, house or place of business. It is refreshing to see a law where pro-gun groups got input into the law.

Thank you all for the tips and advice. I’m confident that a rifle and loaded mags in my trunk is not illegal, assuming the mags aren’t in the rifle.
Top Top