New Hampshire: State Firearms Laws

(As of September, 1995)

PLEASE NOTE: In addition to state laws, the purchase, sale and (in certain circumstances) the possession and interstate transportation of firearms is regulated by the Gun Control Act of 1968 as amended by the Firearm Owners' Protection Act. Also, cities and localities may have their own firearms ordinances in addition to federal and state laws. Details may be obtained by contacting local law enforcement authorities, and by consulting the State Laws and Published Ordinances--Firearms, available from the U.S. Government Printing Office, Washington D.C. 20402.

Quick Reference Chart

                          Rifles and
                          Shotguns     Handguns
                          _____________________
Permit to Purchase           No         No 
Registration of Firearms     No         No 
Licensing of Owner           No         No 
Permit to Carry              No         Yes

State Constitutional Provision on Firearms

"All persons have the right to keep and bear arms in defense of themselves, their families, their property, and the state." Part 1, Article 2-a

Possession

There are no state licensing requirements for the possession of rifles, shotguns or handguns.

It is unlawful for any person who has been convicted of a felony to own, possess or control any firearm.

Purchase

There are no state licensing requirements for the purchase of any rifle, shotgun or handgun.

It is unlawful to sell any firearm to:

Any convicted felon;
To sell or give a handgun to a minor, unless the gift is from a parent, guardian or executor to a child, ward or heir.

The purchaser must present clear evidence of his identity to the seller. In the case of a non-dealer transaction, the purchaser must be personally known to the seller.

The purchaser must sign and deliver to the dealer a statement containing his full name, address and nationality, the date of sale and the caliber, make, model and serial number of the handgun to be purchased. Within seven days the seller must send one copy to the mayor or chief of police and must retain the other copy for one year.

Carry

It is unlawful to carry a loaded handgun in any vehicle or concealed about one's person without a license. Exceptions to the above prohibition are:

Carrying one's dwelling, house or place of business.
Law enforcement and military personnel when on duty.
Organizations authorized by law to purchase or receive firearms.

A person shall not knowingly carry or have in his control any firearm in a courtroom or area used by a court. This shall not apply to authorized persons, police officers, and security guards.

A person may carry a handgun openly upon his person or unloaded and exposed or locked up in a vehicle without a license to carry.

To obtain a license to carry, a person must apply to the selectmen or mayor or chief of police of the town where he is a resident. The selectmen or mayor or chief of police shall issue a license to the applicant authorizing him to carry a handgun if:

The applicant has good reason to fear an injury to his person or property; or
Has any other "proper purpose" (such as hunting or target shooting); and
He is a suitable person to be licensed.

The fee for the license is $10.00 and the license is valid for not more than four years. The license shall be in duplicate with one copy held by the licensee and one copy held by the issuing officer.

The license must be issued within 14 days of application. If the application is denied the reasons for the denial must be stated in writing and delivered to the applicant.

A non-resident may obtain a license to carry by applying to the director of state police. He must meet the requirements as outlined above and pay a fee of $20.

It is unlawful to carry a loaded rifle or shotgun in or on any motor vehicle, power boat or airplane.

Antiques and Replicas

Antiques, defined as any handgun "utilizing an early type of ignition," such as flintlocks, percussion and pin fires, are exempt from the above regulations. No handgun which utilizes center-fire or rim-fire cartridges will be considered an antique.

Machine Guns

In the absence of any state law governing automatic weapons, Federal law controls the registration and regulation of machine guns in New Hampshire.

Miscellaneous

It is unlawful to change, alter, remove or obliterate the name of the maker, model, serial number or other mark of identification on any handgun. Possession of a handgun with its marks altered creates a legal presumption that the possessor committed the offense.

It is unlawful to discharge a firearm on the land of another within 300 feet of a permanently occupied building without the permission of the owner.

It is unlawful to discharge a firearm from or across a public highway, including the rights of way of a highway, in pursuit of wild birds or animals.

A person who commits or attempts to commit any felony when armed with any firearm shall be guilty of a class B felony and of a class A felony for any subsequent offense. A person convicted of the felonious use of a firearm shall, in addition to the punishment for the underlying felony, be given a minimum mandatory sentence of 1 year for a first offense and 3 years for any subsequent offense. Neither the whole nor any part of such additional sentence shall be suspended nor served concurrently with any other sentence.

A person who uses or attempts to use Teflon coated or armor-piercing or exploding ammunition in the course of any misdemeanor or felony shall be guilty of a separate felony.

Caution: State firearms laws are subject to frequent change. The above summary is not to be considered as legal advice or restatement of law. To determine the applicability of these laws to specific situations which you may encounter, you are strongly urged to consult a local attorney.

                    Compiled by:
          NRA Institute for Legislative Action
                11250 Waples Mill Road
                Fairfax, Virginia 22030

   (c)  1995, NRA Institute for Legislative Action.

NS3N 1083                             Rev. 9/95 5M